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Can We Celebrate Queer Lives And Activism, Too?

James Franco

I’m (not) sorry, but can we hold up on celebrating every white straight cisgender man who does anything minimally non-homophobic/biphobic/transphobic?  I appreciate these efforts.  And, I recognize the work of some as anti-homophobic, anti-biphobic, and/or anti-transphobic activism (you know, because not being a bigot is not the same thing as being an ally or advocate).  In my opinion, they should be doing this, and giving a cookie to every self-proclaimed ally reinforces the message that bigotry is just a few bad apples and justice can be achieved through a few noteworthy, but infrequent acts.

Beyond that, I find that queer people do not get enough credit for existing, daring to be visible, authentic, happy.  Coming out.  Refusing to hide.  Refusing to conform.  Refusing to resign themselves to a miserable, invisible, inauthentic existence.  Refusing to tolerate the status quo.  Refusing to be excluded from important social and political institutions. Who could ever imagine a day that lawsuits are filed in the country’s most conservative states to force them to get up to speed with federal recognition of same-gender couples?  Even in the face of opposition that has demonized queer people as promiscuous, drug-abusers, pedophiles, non-monogamous, and perverts, queer people have demanded to have their relationships recognized and celebrated.

We’re here, we’re queer, get used to it.  Straight, cisgender people, get used to it!  That is some brave, bold shit.

Oh, but it takes a lot to be so brave.  Individual queer people are worn out from the daily toll of being out (or not) or making that negotiation minute by minute.  Our relationships are tested as we navigate another, unexpected layer of the closet: queer love and sex.  Do we embark on the war with our intolerant families?  How do we navigate our communities?  How do we navigate the law and institutions?  All while not really seeing ourselves, seeing others like us, in public and the media.  All while, at best, being tolerated but never fully accepted.

Sometimes, the well runs dry.  Sometimes, it is easier to give it up — accept our second-class citizenship.  The opposition can be so fierce that you begin to wonder why you fight — maybe you are asking for too much, too soon.  Maybe you are naive to hope for better.  Maybe you are even greedy for wanting equality in an unequal world.  Maybe you should concede to the world’s desire to make you disappear.

Fuck.  That.  Noise.

My activism is not radical unless staying alive is radical.  It is radical if equality is radical.  We have got to fight — all of the time — so we can stop fighting.  When one of us gets weary, another one should step up to carry on, and another to support the both of them.  By continuously fighting, we carry on the legacy of those who fought before us, and improve the opportunities for future generations.  It is not a war we started, but it is one we will have to win in order to survive.

So, I am celebrating queer warriors — all of them.  And, I am honoring the fallen.  Fight on.  Thanks to our heterosexual and cisgender supporters and allies; keep fighting on, but celebrate the victories for queer justice — not yourselves.

Homophobia, Biphobia, And Transphobia As Sexual Violence

A few weeks ago, I watched (and loved) the film, Gun Hill Road.  One scene of the film hit me in the gut, hard.  The film’s lead character, Vanessa Rodriquez (played by Harmony Santana), a young Latina transwoman, was coerced into having sex with a woman sex worker by her father, Enrique Rodriquez.  Her father pressured her to do so in attempt to “cure” her gender identity, making her the heterosexual cisman he preferred as his child.  “Wow,” I thought, “that’s a form of sexual violence!”

Oh, wait… that happened to me.  When I was 17, just a week shy of my 18th birthday, a family member guilted me into being with a sex worker.  I identified as bisexual then, so the pressure was on to finally give sex with a woman a try – of course, with the implied intention to “cure” me of my sexual attraction to men.  I resisted, saying I was not interested, and did not want my first sexual experience to be with a sex worker in a hotel room.

Eventually, I caved to the pressure.  The sex worker arrived and explained that for the amount of money I had, she could only provide an erotic dance.  I was uncomfortable and wanted her to leave immediately.  While she danced, I asked how business was, and she asked how school was coming.  Ten minutes later, she was gone and I was both relieved and disgusted.

I later came out as gay, and now identify as queer.  And, fortunately, my family has come around to accepting me as a whole human being.  But, I will live with the memory of being coerced into any sort of sexual activity with a woman for life.  So, too, will every other instance in which I was asked an inappropriate question about my sex life or relationships, or been subject to comments that aimed to shame me for being a sexually active queer man.  “You don’t take it up the butt, do you?”  “I hope you are using condoms.  You can die from AIDS”  “Which one of you is the woman in the relationship?”

Sexual Violence Against LGBTQ People

As a scholar, my perspective – informed by my research and personal experiences – has shifted to see sexual violence as the sexualized manifestation of any system of oppression, not merely of sexism or misogyny.  In the ugly racist history of the US, Black people and other people of color have been raped, lynched and castrated, sterilized, and exotified; we have been demonized as jezebels, savages, whores, and temptresses.

Homophobia, biphobia, and transphobia, too, are regularly expressed in sexualized ways.  The subtle and explicit shaming of LGBT people for existing, being sexual, and having loving relationships is widespread.  Transwomen are harassed on the streets by police who assume that they are sex workers.  Manufactured lesbian sexuality is exploited for cis, heterosexual men’s desires, while authentic lesbian relationships remain invisible or stigmatized.  Lesbians are subject to “corrective rape” in South Africa (and worldwide), while gay men are punished with extreme violence, including rape, for being gay.  Even as the US has become more tolerant of LGBT people and same-gender relationships (that mirror the acceptable, heteronormative and cisnormative standard), queer sexuality remains demonized, despised, and closeted.

Ironically, queer people are punished, sometimes through sexual violence, because of our sexualities.  While the cis heterosexual dominated society is obsessed with our sex lives and our sexual desires, we are the ones who are seen as perverts.

Coming Out (Or Not) Is A Selfish Act?

This Friday, October 11th, lesbian, gay, bisexual, and trans* (LGBT) communities will be celebrating National Coming Out Day.  Beginning in 1988, one year after the 1987 National March on Washington for Lesbian and Gay Rights, LGBT people have recognized this day as an important moment to publicly come out or celebrate those who are already out.  The social climate around sexual identity, gender identity and expression, and same-gender relationships has quickly shifted toward tolerance, especially in the last few years.  So, coming out (as LGBT) has become easier, with LGBT and queer youth coming out earlier and earlier in adolescence.

Coming Out (Or Not) As A Selfish Act

Considering the growing acceptance for LGBT people, does it seem silly to stay “in the closet” (i.e., hide one’s sexual and/or gender identities)?  Last week, I attended a talk by LGBT rights activists Judy Shepard; since her son, Matthew, was murdered in 1997 because of his sexual orientation, Judy has done speaking engagements all over the world to promote understanding and acceptance for LGBT people.

I was surprised, though, that she characterized staying in the closet — at least in one’s own family — as selfish.  She argued that, by hiding who one’s “true” self (in this case, one’s LGB sexual identity), you are robbing family members of getting to know you completely.  To be fair, she started her talk by noting some things she would say would not resonate with everyone.  But, she emphasized her argument about selfishness for about ten minutes.  (Other than that, I loved her talk!)

Funny, because as my mother first struggled with my (then) bisexual identity when I came out in 2003, she told me coming out was selfish.  She suggested that it forced her and my father to adjust to this new me.  Since this was fundamentally about sex in her mind, there was no need for me to share such personal details with my parents.   (Now, over a decade later, my parents accepts me as a whole human being, and have apologized for the understandable rough time they had to go through after I came out.)  Earlier this year, a football player (selfishly) argued that coming out in the NFL is selfish because it takes attention away from the entire (otherwise heterosexual) team.

So, a queer person is selfish if they never come out to their families.  And, a queer person is selfish if they come out.  I guess.  Maybe, at the core, being queer is selfish?

Heterosexuals And Cisgender People Are Selfish

I am flipping this “selfish” accusation to highlight the selfishness of heterosexuals and cisgender people who 1) automatically assume every person is heterosexual (i.e., heterocentricism) and cisgender (i.e., ciscentricism), and 2) actively pressure LGBT individuals to become heterosexual/cisgender.

That one has to come out as LGBT in the first place is the product of the assumption that, from birth, everyone is heterosexual and that their gender identity is aligned with their sex-assigned-at birth.  A common parenting strategy is to assume one’s child is heterosexual (and cisgender) until proven otherwise; and, for parents, that includes actively demonizing queer people, communities, and relationships.

When LGBT people decide to come out (or are forced out), our heterosexist and cissexist society does not throw up its hands and say, “well, I tried.”  At the level of microaggressions, we are asked whether we think our sexuality or gender is a “phase,” or are interrogated about the traumatic events that led up to a deviant sexual/gender identity.  We are encouraged to “try a little harder” — maybe you have not found the “right” girl, or should consider joining the military to “toughen up.”

Though veiled as innocent suggestions from a place of concern, we receive comments that suggest we should give being “normal” a second chance.  Of course, this ignores the long internal process one goes through, first wrestling with one’s identity and then weighing the potential costs of coming out.  It ignores that we already have “tried” heterosexuality and/or being cisgender many, many times for many, many years — that is why we have finally decided to come out as LGBT.

More severe manifestations of heterosexist and cissexist selfishness are punishing LGBT people for being different.  The soft approach of re-recruitment did not work.  So, the big guns have to come out.  We are subject to discrimination in schools, the workplace, public accommodations, healthcare, the criminal justice system, the government, religion, etc…  Countless queer people have been verbally, physically, and/or sexually harassed or assaulted.  Countless queer people have been killed because of their sexual and/or gender identity.  Heterosexism and cissexism are not secure enough to co-exist alongside a small minority who are not heterosexual and/or cisgender; so, queer people must be eliminated, erased from the past, present, and future, and forced to assimilate.

Shaming queer people — yes, I am calling this a form of shaming — for coming out, or not coming out, ignores the consequences of these actions.  The true selfishness is demanding that an oppressed minority disclose everything to you when you want it, and hide everything when you don’t want it, while you ignore the oppressive forces that shape and constrain their reality.

Thinking Critically

As a sociologist, I must emphasize that individuals’ actions exist within a larger social context.  In this case, LGBT people’s decision to come out (or not) must be viewed as an individual act within a larger heterosexist and cissexist society.  Our agency or “free will” to act (or not) is shaped by opportunities and obstacles posed by interactions with others, institutions, and larger social systems (e.g., cissexism).

As a Black queer feminist sociologist, I must emphasize that the pressure to come out — whether from LGBT community leaders or heterosexual and cisgender family members — ignores the unique pressures and consequences for doing so among queer people of color, working-class queer people, queer immigrants, disabled queers/queers with disabilities, and queer religious minorities.  For LGBT people who are disadvantaged in other ways, the stakes may be higher for coming out.  For example, LGBT people of color risk being kicked out of their families, and lose larger ties to their racial/ethnic community; the former may be less damaging in the long-run for white LGBT people, and the latter is a non-issue for whites.

So, not only is demanding that queer people (don’t) come out selfish, it is arguably racist, sexist, classist, ableist, and xenophobic because it presumes a common set of experiences for all LGBT people.

Concluding Thoughts

My intention is not to demonize particular cisgender and heterosexual people.  But, I do take issue with shaming queer people for either coming out or not coming out.  Simply existing in this transphobic, biphobic, and homophobic society of ours is a brave act that constantly requires deciding how to navigate survive in this world.  There is no one good path because every decision we make comes with costs and consequences.  Sometimes, for the sake of survival or protecting our livelihood, we cannot afford to be out.  Sometimes, we consider the risks, but decide it is still more beneficial (for ourselves and others) to be out than not.  And, in general, the decision to come out (or not) is not always ours to make.

Without having first-hand knowledge of the reality of being queer (i.e., that is, being queer yourself), it is unfair to question the decisions that queer people make.  If you — talking to cis and hetero people here — feel the need to be critical, set your sights on the systems of oppression that shape and constrain every aspect of the lives of trans*, bi, lesbian, gay, and queer people.  We could use more of that kind of critique, anyhow!

What Is Queer Sexual Empowerment?

2c770-gaypride

I have been thinking about Miley Cyrus a bit lately.

I never thought I would start off a post that way — particularly one about queer sexuality and queer people.  She … I don’t even know what to call it… at MTV’s Video Music Awards a few weeks ago.  And, became the talk of the town once more, this time swinging in nude on a wrecking ball.  When I finally saw the video for that single, “Wrecking Ball,” I was so disappointed.  Such a lovely, heartfelt song; in no way had I imagined seeing her naked, especially not sexually licking other construction equipment.  It just seemed unnecessary.  And, really, unnecessarily vulgar.  Must every video be an opportunity to sell sex?

I depart there from the conversations about Miley Cyrus and her public and private sex lives.  (I’m late, anyhow.)  But, I am intrigued by the conversations that speak more broadly about sexuality, gender, and empowerment.  Yes, Miley Cyrus is just one woman in our sexist, sex-obsessed, sex-negative society — even within the music and entertainment industry that suffers from those same characteristics.  (Really, just look at Rihanna’s new video…)  Good; let’s think sociologically!

But, what troubles me is we have not walked away from these conversations with any clear answers.  Is Miley Cyrus a sexually-empowered feminist iconOr, is she yet another pawn of the music industryApparently, the line between one’s sexual objectification and one’s sexual empowerment is too thin.  Fuck.  That is a really disturbing revelation.

Queer Sexual Empowerment

In deluding myself that there is a clear distinction, I am able to come up with clear examples of women’s sexual empowerment.  It’s women who refuse to hide that they are sexual, want sex, and like sex.  Right?  It’s “girl groups” like Destiny’s Child, TLC, and Salt ‘n Pepa, right?  It’s older women artists and actors who refuse to cave to the expectations that they should cover up, stop having sex, or just disappear completely, yes?

My thought process eventually turned to queer sexuality — including, but not limited to, gay men’s sexual empowerment.  My mind drew a blank.  What would queer sexual empowerment look like?  In some ways, merely existing as queer people, especially as sexual and loving queer people, is a political act.  Fuck you homophobia.  We exist.

For some, that empowerment entails a more heightened expression of queer sexuality.  Yes, gay pride regularly reflects the very public display of queer sexuality.  We’re here, we’re queer, and we’re scantly clad.  I have to remind the prude in me that homophobes and transphobes dismiss queer people whether we are dressed in gender normative ways or donning a rainbow boa, 6-inch-heels, and 5 o’clock shadow.  So, while I do not personally embrace the joy of public queer sex and sexuality in this way, I refuse to rain on fellow queer folks’ parade.

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But, I do grow tired of the conflation of gay with gay sex.  I suppose the final straw was seeing yet another men’s sports team gone nude for a calendar to raise money for an LGBT-related cause.  First, this story implies that all of the players are cisgender and heterosexual.  It also ticks me off because — duh! — white muscular cis masculine men without disabilities are always sexy.  The pervasive sexualization of these kinds of bodies in the context of queer pride has gotten to the point that it no longer registers as empowerment, at least in my opinion.  These kinds of bodies are now used for more than sexual desire — ranging from political LGBT events, to businesses’ advertisements to LGBT communities, to any general nod that something is queer.  That’s not empowerment.

Even if that was empowerment, when do queer people like me get to be sexually empowered?  Why do brown queer bodies still serve the taboo sexual desires of white audiences?  Why are fat queer bodies only celebrated in subcultures within LGBT communities, while otherwise invisible or used to repulse or for humor?  And, what about gender expression — can I be sexy, sexually desired, and sexually empowered while defying society’s expectations for male-bodied individuals?

As an aside, I think that being sexual or having sex in public is only one way to be sexually empowered.  Yes, I do believe queer people should have the freedom to be sexual beings in their public, everyday lives without worrying about threatening cis heterosexuals.  But, not everyone wants that.  Speaking for myself, I would feel more sexually empowered if I could be a loving, whole person in public.  I hate being on guard during the few times my partner and I even hold hands in public.  I hate having to monitor how I interact with other men — especially cis heterosexual men, especially other queer men.  Even how I interact with people with whom I do not want to or actually have sex with is constrained because of the disempowering force of homophobia.

Concluding Thoughts

I suppose, like cis women’s sexual empowerment, the bounds of queer sexual empowerment are difficult to define.  For queer people, it is their sexual relationships, behaviors, and desires that are the primary targets of homophobic and biphobic hatred.  Sex is often used to evoke panic around trans* issues.  To embrace one’s sexuality as a queer person in this homo-, bi-, and transphobic society is a political act.  But, only to an extent, it seems.  We have gained political ground by convincing the cis straight dominated society that we can be in loving, monogamous relationships, and thus deserve access to marriage and other important institutions.  Don’t worry, all of that kinky public sexuality stuff is just a phase until we are ready to have real relationships.Were Just Like YouIn a way, I worry the sexual empowerment of cis heterosexual women and of queer people is not 100% on their terms.  A cis woman’s public expression of being a sexual person is valued if it gets heterosexual men off.  The flip side of that is that women’s sexuality serves as a source of power — sometimes their sole source of power in this misogynistic society of ours.  Queer people’s sexualities are acceptable to the extent that cis heterosexual people do not have to witness it.  We gain power by presenting ourselves as “Good As You.”

Empowerment on the dominant group’s terms… that’s not empowerment.  Ugh.

Racism vs. Homophobia: Why No One Wins the Oppression Olympics

I suppose I should not be surprised that even in 2013 we are still hearing debates that compare racism, the lives of people of color, and the Civil Rights Movement with homophobia, the lives of lesbian, gay, bisexual, and transgender people (LGBT), and the modern LGBT movement.

It is somewhat ironic that the efforts of President Barack Obama – our first (half) Black president and the first sitting-President to support same-gender marriage – have sparked such debate about race versus sexuality.  Back in 2007, he won my support over my initial favorite candidate, then-Sen. Hillary Rodham Clinton, because he addressed anti-racist advocacy, anti-homophobia advocacy, and the need to heal the wounds between Black and LGBT communities.  Wow!

Since the historical 2008 election, we have seen variations on the debate that compares racism and homophobia, civil rights and LGBT rights, and people of color and LGBT people.  As recent as January, we still see the strange question, “is gay the new black?”  And, on a recent CNN panel, various commentators and political leaders were asked, “are gay rights the same thing as civil rights?”  Fortunately, the first two panelists to respond, LZ Granderson and Roland Martin, noted that, of course, the LGBT rights movement is not the same as the Civil Rights movement; but, “civil rights” refer to the equal rights and status of all people, not just people of color.

No One Wins The Oppression Olympics

Comparing these two communities and their past and contemporary movements for equal rights do many a disservice for a at least three reasons.  First, no one wins the “Oppression Olympics.”  Taking the time to decide whether people of color have it “worse” than LGBT people is futile.  With both groups facing prejudice, discrimination, and violence throughout history and today, what difference does it make whether one group faces “more,” or faced it for a longer period of time?  It would be impossible to measure oppression in the first place.

Second, participating in the “black vs. gay” and similar debates gives more weight to the efforts of groups that are both racist and homophobic (and sexist, and classist, and transphobic, etc.) who intentionally attempt to “divide and conquer” various marginalized groups.  The National Organization for Marriage (NOM), an organization at the forefront of efforts to prevent marriage equality, has actively fanned the flames of resentment within Black and Latina/o communities toward LGBT people.  Then, a double standard for homophobia, such that “black homophobia” is used as evidence that Black people are behind-the-times or even un-evolved, while persistent homophobia in white communities goes unnoticed.  In fact, conservatives have been (successfully) pitting minority communities against one another for decades.

Third, “black vs. gay” continues to mask that there are a significant number of people who are Black and gay, Latina and lesbian, Asian American and bisexual, and American Indiana and two-spirit.  Whereas some members of communities of color are LGBT, efforts to secure the civil rights of Blacks, Latina/os, Asians and Pacific Islanders, and American Indians necessarily implicate LGBT rights.  All people of color are not treated equally if our LGBT relatives and friends are prevented from marrying their same-gender partner, are vulnerable to discrimination in the workplace and housing, and so on.  Similarly, the efforts of LGBT activists cannot stop at legalizing same-gender marriage, for too many LGBT people of color are disproportionately affected by poverty, ongoing racial discrimination, and the resultant mental health problems.

And, a quick history lesson: the earliest efforts for LGBT rights in the US date back to the 1950s.  While Civil Rights activists were beginning their efforts that evolved into a national movement, so too were Homophile activists.  When the more radical efforts of the Black Panthers emerged in the late 1960s, so too did those of gay liberation activists leading up to and then taking off with the Stonewall Riots in 1969 (which were led by Black and Latina/o transpeople and drag queens).  Gay cannot be the “new Black” because LGBT activism is far from new; and, neither being Black nor the racist oppression that Black people still face has become old or a thing of the past.

But, the supposed black-versus-gay divide is old, and frankly a little tired.

A Gay Guy’s Guide To Feminism – A Brief Introduction

With the start of Women’s, Womyn‘s, and Womanist Herstory Month this past Friday, I have been wondering what more I can do to challenge sexism — including my own.  As I have noted in previous posts, I have an evolving awareness that my own disadvantaged social location as a brown queer man does not make me immune to sexism, nor any other system of oppression.

One important task of my anti-sexist advocacy is to become aware of the ways in which I am privileged as a man.  I know this to be a particular challenge for queer men because of our awareness that we are disadvantaged among men.  So, I was disappointed to find little beyond a few personal reflections from feminist-identified gay men to guide me and other queer men to understand and appropriately fight sexism.  The Guy’s Guide to Feminism seems like a good start, but I find it useful to engage gay men from their unique relationships with sexism, women, and male privilege.

Feminism For Gay Men 101

Though I am just at the beginning of a lifelong journey to understanding sexism and my own male privilege, here are a few lessons I would like to impart to my fellow gay men:

  1. We are men.  We hold male privilegePeriod.
  2. Yes, number 1 is true despite our sexual orientation and despite our gender expression (no matter how feminine, androgynous, or queer).  Though gay masculinity is devalued relative to hegemonic masculinity (i.e., white heterosexual middle-class able-bodied young/middle-age masculinity), it is still privileged over all femininities.
  3. Systems of oppression are linked including — particularly relevant to this discussion — sexism, heterosexism, and cissexism.  As such, our liberation is tied to the liberation of ciswomen and trans* people.
  4. While number 3 is true, we are not immune to sexist attitudes and behaviors.  And, most importantly, being gay does not make us anti-sexist.  Our marginalized status among men may make it easier to understand sexist oppression, but it does does not preclude us from it.  Just like heterosexual cisgender men who engage in anti-sexist activism, we must be active in challenging the prejudice, discrimination, and violence against women, and to keep our male privilege in check (i.e., give it up or use it for good).
  5. Though we generally are not sexually attracted to women, we are just as capable of sexually harassing or assaulting women.  The root of sexual violence is power, not sexual attraction.  I must point out here that too many of us have sexually harassed or assaulted women and naively excused the behavior as innocent because we are gay.  Sexual violence by any perpetrator is wrong.  But, that of gay men has the added element of placing our women friends and allies in the difficult position of questioning whether to feel violated or upset.
  6. Related to number 5, we must stop treating the women in our lives as objects or accessories.  Yes, many heterosexual women are guilty of doing this to us — the gay BFF, every girl’s must have! — which is also wrong.  Friendships that exist because of her gender or your sexual orientation are forms of exotification.
  7. Attraction to male-bodied individuals, men, and masculinity must be stripped of the presumed aversion to female-bodied individuals, women, and femininity.  We need not be repulsed by female bodies just because we are not sexually attracted to (cis)women.  Even when joking, this is no less problematic than (cisgender) heterosexuals who proclaim to be repulsed by people of their same sex.
  8. Certain aspects of gay men’s culture that promote pride and empowerment among us come at the expense of women’s empowerment.  To call a fellow gay man “bitch,” “cunt,” and, more commonly in the drag scene, “fish,” is to use a term that derogates women.  Though they may be positive in intent and meaning, these are not instances of reclaiming pejorative terms used against us: self-identifying as queer is; “servin’ up fish!” isn’t.  Just think how outraged we would be if women decided to adopt “faggot” as a term of endearment among themselves.
  9. Our queer, bisexual, and lesbian sisters are oppressed by heterosexism and sexism.  We, as LGBT and queer people, will not be fully liberated by addressing homophobia and heterosexism alone.
  10. Related to number 9, we must recognize that LBQ women are often subject to our sexist prejudice and behavior, ranging from anti-lesbian jokes to outright exclusion (often disguised as innocently bonding with other gay men or even the product of our exclusive attraction to men).
  11. The way that we devalue femininity among ourselves is another arm of sexism.  The “no femmes” sentiment, aptly called femmephobia, is nothing more than the hatred of femininity, which is associated with women.  Beyond eliminating this silly prejudice in our anti-sexist efforts, we do ourselves the favor of freeing the constraints on how we can behave and express our gender.
  12. We owe it — yes, we owe it — to the ciswomen and trans* people who have fought against the injustices we face to fight against those they face.  Even when kept at the periphery or outright excluded, transpeople have fought for equal rights and status for lesbian, gay, and bisexual people. Many lesbian and bisexual women served as caregivers to gay and bisexual men with HIV/AIDS during the 1980s and 1990s, while also fighting along side those who worked for better HIV/AIDS health care.  Feminists of all walks of life have advocated for our protection from prejudice, discrimination, and violence, seeing it as important in (and linked to) activism against sexist discrimination and violence against women.

We owe it to our ciswomen and trans* friends and allies — and ourselves — to be better feminists.

“Stop-And-Frisk”: Legalized Racist, Homophobic, And Transphobic Discrimination

New York City’s unpopular, but supposedly “effective” crime-reducing program, “Stop, Question, and Frisk” or (“Stop-and-Frisk” for short), was ruled unconstitutional on Tuesday.  The program entails the following: “a police officer who reasonably suspects a person has committed, is committing, or is about to commit a felony or a Penal Law misdemeanor, stops and questions that person, and, if the officer reasonably suspects he or she is in danger of physical injury, frisks the person stopped for weapons.”

The judge, Shira A. Scheindlin of Federal District Court in Manhattan, ruled that NYC police officers were systematically stopping people with little cause for suspicion.  (In this particular case, police officers were stopping individuals thought to be trespassing on a Bronx apartment complex property.)  In reviewing police training, she further noted that this evidence “strengthens the conclusion that the N.Y.P.D.’s inaccurate training has taught officers the following lesson: Stop and question first, develop reasonable suspicion later.”

“Because any member of the public could conceivably find herself outside a TAP building in the Bronx, the public at large has a liberty and dignity interest in bringing an end to the practice of unconstitutional stops at issue in this case,” the judge wrote.

In a way, this is exactly what NYC major Michael Bloomberg and other advocates of the “stop-and-frisk” program call for.  In exchange for the universal possibility of being stopped by a police officer, residents of NYC see a significant reduction in crime and gun possession.  While there have been notable declines in the crime rate (but few seizures of guns), many have argued that this purported exchange is not enjoyed universally.  Rather, an overwhelming majority of those stopped by police over the past two years were Black and Latino men.  Judge Scheindlin took note of one role of race (and racism) in her decision:

As a person exits a building, the ruling said, “the police suddenly materialize, stop the person, demand identification, and question the person about where he or she is coming from and what he or she is doing.”

The decision continued: “Attempts at explanation are met with hostility; especially if the person is a young black man, he is frisked, which often involves an invasive search of his pockets; in some cases the officers then detain the person in a police van.”

Legalized Racism

Many civil rights and anti-racist activists have criticized the “stop-and-frisk” program due to the overrepresentation of men of color in police stops.  Indeed, in practice, the program is a form of institutional discrimination — in this case, as disparate impact discrimination.  That is, while the program does not target a particular disadvantaged group — men of color — by design, it does, in practice, disproportionately burden them.

Typically, disparate impact discrimination is deemed otherwise innocent in terms of intention or bias; these are merely programs or policies that have been unfair in practice.  Yet “stop-and-frisk” actually operates as a legal door for racial profiling by both those unintentionally and those intentionally targeting Black and Latino men.  Some say the racial and ethnic imbalance is merely a product of geography: greater surveillance of predominantly black and brown areas of the city (this, of course, is problematic, too!).  In light of stories of being stopped many times in one’s life, others suggest the “stop-and-frisk” program legally allows police to use one’s blackness/brownness as suspect.  “You’re Black/Latino, so you must be up to no good!”

Even if police stops were equally burdensome for every racial group (and police were evenly hostile to “suspicious” people), the experience of being stopped, questioned, and searched by police is fundamentally racialized.  Given the history of racism, including racist violence and harassment by police or by others yet ignored by police, no white person can ever fully experience the feelings of anger, humiliation, and powerlessness that follow being targeted by police as a person of color.

Further, programs like this one, Arizona’s “show-me-your-papers” law that unfairly targets Latina/o people, among others are just the tip of the racist iceberg of the US criminal justice system.  From interaction with the police, to arrest, to court, to prison, racial inequality exists at every step and every facet of law enforcement and criminal justice.  Unfortunately, the narrow view of the law cannot handle the reality that racism shapes the core and operation of every social system and institution, including law enforcement.

Legalized Homophobia And Transphobia

It may have come as a surprise to some that lesbian, gay, bisexual, and transgender (LGBT) groups joined the chorus of anti-racist and civil rights organizations that rallied against the “stop-and-frisk” program.  Beyond advocating for racial equality, these groups took issue with the disproportionate number of LGBT people of color who have been stopped by police.  Often, young Black and Latino LGBT people are stopped as suspects for sexual crimes (e.g., public sex, sex work).  In these stops, many are sexually harassed or assaulted by police.

Parallel to blackness and brownness as suspect, LGBT people are legally targeted through the “stop-and-frisk” program often because of their gender expression.  LGBT people, especially transgender and gender non-conforming people, are deemed suspicious because their “appearance transgresses gender norms embraced by mainstream society.”  It turns out that stops based on suspicion of sexual crimes has already been deemed illegal, again by the same judge:

In 2010, in a decision dripping with outrage, US District Judge Shira Scheindlin held New York City in contempt for failing to end enforcement of loitering laws held unconstitutional decades before. One of the laws at issue was the “loitering for sex” statute that Lambda Legal had succeeded in getting struck down in 1983 by New York’s highest court, shortly after it threw out the state’s sodomy law.

“The human toll, of course, has been borne by the tens of thousands of individuals who have, at once, had their constitutional rights violated and been swept into the penal system,” Scheindlin wrote. “More disturbing still, it appears that the laws — which target panhandling, remaining in a bus or train station, and ‘cruising’ for sex — have been enforced particularly against the poor and gay men.”

Missing The Complex Reality Of Discrimination Today

The above discussion points to the inability for the law, in its present state, to fully appreciate the complex reality of discrimination today.  One challenge is to prove that a law or program — instances of institutional discrimination — disproportionately affect a particular group (without just cause).  This sidesteps the matter of proving biased or prejudiced intentions, a matter central to cases of unfair treatment; however, the narrow view of the law fails to account for the systemic, wide-reaching influence of systems of oppression such as racism, homophobia, and transphobia.  Indeed, it can be argued that discrimination within one institution (e.g., criminal justice) mutually reinforces discrimination in other systems (e.g., education).  The true challenge, then, is proving when discrimination is not at play, at least indirectly.

The other important matter that is systematically overlooked is the simultaneous, interconnected operation of multiple systems of oppression.  “Stop-and-frisk” reflects the practice of both racism and homophobia/transphobia by police and the criminal justice system.  What, on the surface, appears to be a matter of racial inequality has turned out to disproportionately affect Black and Latina/o queer people.  Another instance of legalized discrimination, the US military’s “Don’ Ask, Don’t Tell” policy, had its greatest effect on Black women.  And, given the greater number of Black same-gender couples who have children, Black LGBT people hold a greater share of the burden created by laws that prohibit or hinder same-gender marriage and adoption.

Of course, greater attention should be paid to the reality that some people are victimized by multiple forms of discrimination (e.g., racist and sexist discrimination).  Yet, discrimination cases that pursue such claims are ultimately less successful in court, probably because the court is unable to apprehend this level of complexity.

The days of explicit, unapologetic racist discrimination are (mostly) gone, and great progress has been made toward equality for LGBT people.  Yet, the task remains to better understand prejudice and discrimination in the new millennium.  There is a great deal of complexity to discrimination that we consistently miss when attending to the discriminatory actions of a few bigoted apples.  We will never achieve full equality, whether in opportunities or outcomes, without an appropriately comprehensive understanding of what discrimination is, how it operates, and how to prevent it.