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LGBTI

LGBTQ people are overrepresented at every stage of our criminal justice system, from juvenile justice to parole.

The data is clear: lesbian, gay, bisexual, transgender, and queer (LGBTQ ) people are overrepresented at every stage of criminal justice system, starting with juvenile justice system involvement. They are arrested, incarcerated, and subjected to community supervision at significantly higher rates than straight and cisgender people. This is especially true for trans people and queer women. And while incarcerated, LGBTQ individuals are subject to particularly inhumane conditions and treatment.

For this briefing, we’ve compiled the existing research on LGBTQ involvement and experiences with the criminal justice system, and – where the data did not yet exist – analyzed a recent national data set to fill in the gaps. (Namely, we provide the only national estimates for lesbian, gay, or bisexual arrest rates and community supervision rates that we know of.) We present the findings for each stage of the criminal justice system with available data, and pair them with new graphics illustrating the dramatic disparities in the system related to sexuality and gender identity.

"The United States has long been a haven for those fleeing persecution and oppression. But today, the treatment for asylum seekers can be so terrible that some are asking to be sent back to the very countries they were escaping. This includes women who are locked up alongside men, sometimes the very men they were trying to escape … This is life for transgender women in U.S. immigration detention facilities … A six-month Fusion investigation found that conditions for transgender women locked up by Immigration and Customs Enforcement (ICE) are often humiliating, dangerous, and even deadly … What makes ICE detainees different from prisoners is that they aren’t behind bars serving criminal sentences. Rather, they are locked up, waiting to see a judge who will decide whether or not they’ll be deported. A growing number of state and federal prisons across the country allow for transgender individuals to be housed based on their gender identity, regardless of their genitalia or sex at birth." Some of the sobering facts about transgender people under ICE detention are: on average, 75 transgender detainees are locked up each night—10% transgender men and 90% transgender women; of every 500 individuals, 1 detainee is transgender; of every 5 victims of confirmed sexual abuse, 1 victim is transgender. This report discusses: the housing of transgender detainees—transgender women not being housed with the female population; targets for prison rape during ICE detention; the detention-bed mandate of 2009; denial of needed medication; and alternative to detention.

Why Did the U.S. Lock Up these Women with Men? A Fusion Investigation Cover

"Protecting employees against workplace harassment is an important obligation of law enforcement and correctional agencies as employers. Harassment is a corrosive element in an agency’s functioning, can undermine morale, and unfairly subjects hard-working employees to daily torments that add to the burdens and responsibilities that they have to cope with to effectively do their job. Additionally, as has long been clear, workplace harassment on the basis of sex or race, as well as other protected categories, is illegal and can lead to lawsuits and substantial damage awards" (p. 201). Employer liability resulting from sexual harassment perpetrated by a supervisor is explained. Part 1 addresses: harassment as in general by a supervisor; Supreme Court definition of a supervisor; quid pro quo sexual harassment; hostile environment; and same sex and sexual orientation harassment. Part 2 covers: racial harassment; other forms of harassment; suggestions to consider; and additional resources for information.

Workplace Harassment Cover

The World Professional Association for Transgender Health (WPATH), formerly known as the (Harry Benjamin International Gender Dysphoria Association (HBIGDA), is a 501(c)(3) non-profit, interdisciplinary professional and educational organization devoted to transgender health. Our professional, supporting, and student members engage in clinical and academic research to develop evidence-based medicine and strive to promote a high quality of care for transsexual, transgender, and gender-nonconforming individuals internationally. We are funded primarily through the support of our membership, and through donations and grants sponsored by non-commercial sources.

Findings revealed that transgender inmates do not consistently receive adequate or gender-affirming care while incarcerated. Factors at the structural level (i.e., lack of training, restrictive healthcare policies, limited budget, and an unsupportive prison culture); interpersonal level (i.e., custody staff bias); and individual level (i.e., lack of transgender cultural and clinical competence) impede correctional healthcare providers’ ability to provide gender-affirming care to transgender patients. These factors result in negative health consequences for incarcerated transgender patients.

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