From Senate Republicans to Hillary Clinton, there is a rare and growing consensus across the political spectrum that, with the highest incarceration rate in the world, the United States’ criminal justice system in need of reform. However, one population has been largely absent from the discussion: lesbian, gay, bisexual, and transgender (LGBT) people.
A
major report offers the most comprehensive analysis to
date of how LGBT people, and particularly LGBT people of color, face
higher rates of incarceration and unfair treatment and abuse
in the criminal justice system. Unjust: How the Broken Criminal Justice System Fails LGBT People
documents how pervasive stigma and discrimination, biased enforcement
of laws, and discriminatory policing strategies mean that LGBT people
are disproportionately
likely to interact with law enforcement and to have their lives
criminalized. LGBT people are also treated unfairly once they enter the
system; the report shows how they are disproportionately incarcerated
and face abuse while incarcerated. Finally, the report
sheds light on the fact that LGBT people face unique and considerable
challenges in the struggle to rebuild their lives after experiences with
law enforcement—and particularly after time spent in a correctional
facility.
To
illustrate the real impact of these failures in the criminal justice
system, the report highlights personal stories of LGBT people impacted
by the criminal justice system and spotlights innovative programs,
initiatives, and organizations from around the country. Unjust: How the Broken Criminal Justice System Fails LGBT People
was co-authored by the Movement Advancement Project (MAP) and the
Center for American Progress (CAP), in partnership with Forward
Together, JustLeadershipUSA, and Advancement Project. It is available
online at
www.lgbtmap.org/criminal-
“It
used to be a crime to be LGBT in the United States, and while police
are no longer raiding gay bars, LGBT people, especially LGBT people of
color, are still disproportionately pushed into the criminal
justice system. They are treated unfairly within the system and in
correctional settings, and face extraordinary challenges in rebuilding
their lives,” said Ineke Mushovic, Executive Director of MAP.
The
report synthesizes the latest research and analysis to make the case
that LGBT people, especially LGBT people of color and low-income LGBT
people, pay an extraordinarily high price for the failures
of the U.S. criminal justice system:
·
According to
the National Inmate Survey, from 2011 to 2012, 7.9% of individuals in
state and federal prisons identified as lesbian, gay, or bisexual, as
did 7.1% of individuals in city and county
jails. This is approximately double the percentage of all American
adults who identify as LGBT, according to Gallup (3.8%).
·
Sixteen
percent of transgender and gender non-conforming respondents to the
National Transgender Discrimination Survey indicated they had been held
in jail or prison, with higher rates for transgender
women (21%) and lower rates for transgender men (10%). Comparatively,
about 5% of all American adults will spend time in jail or prison during
their lives.
·
In a 2015
survey of young people at seven juvenile detention facilities sites
across the country, an estimated 20% identified as LGBT or gender
non-conforming, including 40% of girls and 14% of boys.
This is about triple the percentage of all youth who identify as LGBT
or gender non-conforming (an estimated 5-7%).
The report paints a harrowing picture of the three ways in which the broken system fails LGBT people:
ENTERING THE SYSTEM: INCREASED CRIMINALIZATION OF LGBT PEOPLE
Three factors increase the chances that an LGBT person will be stopped or arrested by police and pushed into the system:
·
Discrimination
and stigma in society, housing, workplaces, families and communities
leave LGBT people at increased risk for poverty or homelessness, which
in turn leads to increased risk of having
encounters with law enforcement and, ultimately, criminalization.
·
Discriminatory
enforcement of criminal laws targets LGBT people, including HIV
criminalization laws, drug laws, and laws criminalizing consensual sex.
·
Harmful
policing strategies and tactics push LGBT people, especially LGBT people
of color and low-income LGBT people, into the criminal justice system.
IN THE SYSTEM: LGBT PEOPLE ARE MORE FREQUENTLY INCARCERATED AND TREATED HARSHLY
Within the criminal justice system, LGBT people face two main challenges:
·
Discrimination
in legal proceedings leaves LGBT people more likely to spend time in
juvenile justice facilities, adult correctional facilities, and
immigration detention facilities.
·
Unfair and
inhumane treatment in jails, prisons, and other confinement facilities
puts LGBT people at risk of violence, physical and sexual assault, and
harassment by staff and fellow inmates. Incarcerated
transgender people often lack access to competent, medically-necessary
healthcare and when they are placed in facilities according to their
birth sex, transgender people are at increased risk for harassment and
sexual assault.
LIFE AFTER CONVICTION: LGBT PEOPLE FACE ADDED CHALLENGES TO REBUILDING LIVES
There are two primary post-conviction challenges for LGBT people:
·
Discrimination
and a lack of cultural competency in probation, parole, and re-entry
programs mean LGBT people may not receive the assistance they need. For
example, hostile parole officers or unsafe
group housing conditions may lead to LGBT people violating the terms of
release or community supervision in order to feel safe, putting them at
risk of being reincarcerated.
·
The impact of
having a criminal record is substantial and touches every aspect of a
person’s life. For people who already struggle with pervasive
discrimination, such as LGBT people and people of
color, the added challenges of having a criminal record create
substantial barriers to rebuilding one’s life and avoiding future
interactions with the criminal justice system. For LGBT immigrants,
regardless of immigration status, having a criminal record
can easily lead to deportation.
“As
the nation continues to debate how to fix the criminal justice system,
it is critical to explore solutions that will improve conditions and
ensure fairness for everyone,” said Laura E. Durso, Senior
Director of the LGBT Research and Communications Project at the Center
for American Progress. “That includes America’s nine million LGBT people
who are at increased risk of having their lives and life chances
destroyed by the current criminal justice system.”
