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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.”
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.
On February 26th, 2012, around 7pm, Trayvon Martin, a 17-year-old Black man, was shot and killed by George Zimmerman, the white captain of the neighborhood watch where Martin’s father lived. Martin was unarmed, carrying only the bag of Skittles and an iced tea that he purchased when he briefly left his father’s house. Zimmerman, suspicious of Martin’s presence in the gated Sanford, Florida neighborhood, called 911 about Martin. He was told by the 911 operator not to interact with Martin in any way.
Zimmerman followed him anyway, getting into an altercation with Martin when he questioned why Zimmerman was following him in his SUV truck. By the end of the incident, Martin was face-down in the grass, dead, just 70 feet from his father’s house. Zimmerman currently walks a free man proclaiming the incident to be self-defense, thus justifying the murder — an excuse that, at least on the surface, is legal under Florida self-defense laws. However, many are calling for Zimmerman’s arrest for the murder, pointing to the role of racist stereotypes that can play out under these expansive self-defense laws.
Given Martin’s undeniable innocence in this tragic incident, the only thing he seemed guilty of was being a young black man. As Dr. Rashawn Ray, a University of Maryland sociology professor, has pointed out, this incident, and many others like it, are evidence that black men are too often, and almost automatically presumed to be criminals. He notes, drawing on sociological research on race, crime, and punishment:
[S]ociological research continues to show that blacks and Latinos are more likely to be disciplined in school and stopped by the police. While some may anecdotally argue that black kids are badder than white kids, studies show a more pressing problem — teachers and police officers monitor, profile and police black and Latino youth and neighborhoods more than white ones.
The arrest of Harvard University professor, Dr. Henry Louis Gates, in 2009 for trying to enter his own house gives us evidence that any Black man, no matter how wealthy, educated, or even respected in white America, may fall prey to being treated as a common thug or criminal. In 2010, I was witness to a similar incident, when a fellow member of the Diversity Fellows Program at the University of Wisconsin-Milwaukee, Dr. Calvin Warren, was hassled by UW-M campus police because he was thought to fit the description of a young black man who police were looking for. (It goes without surprise that the two look nothing alike, the police never apologized for harassing him, and an internal investigation of the incident dismissed Dr. Warren’s behavior as uncooperative and hostile while the police were just doing their job.)
Additional research by sociologists like Dr. Devah Pager points to other consequences, besides the potential for violence, unfair arrest, and harassment by police, of these racist stereotypes. In her work, she examines differential treatment in hiring practices by race and criminal record. In one study using audit methodology, “The Mark of a Criminal Record,” Dr. Pager found that men who were Black, and men with a criminal record, were less likely to receive callbacks for jobs than men who were white, and men without criminal records, respectively. However, the most shocking finding was that these race and criminal record differences interacted, wherein white men with criminal records were still more likely than Black men without criminal records to receive job call backs. Black men with criminal records were the least likely to be called back, and white men without criminal records were the most likely to be called back. You can see the graph below:
So, in the event that there is any question as to why it matters that racist stereotypes still exist, the unjustified murder of Trayvon Martin, the racial discrimination in hiring, among other outcomes that constrain the livelihood, success, health, and well-being of Black people is your answer. People’s beliefs, including prejudice, shape their behaviors. This might even explain the consistent hostility toward President Barack Obama — criticism that has, at times, seemed greater than is warranted for his (perceived) failings.
The Other Consequence For Blacks: Hypervigilance
How do Black people navigate the stereotypes in everyday life they face — those assumptions that may lead to limited opportunities for work, unfair arrest or hostile treatment by the police, violence, unfair treatment in public service, and so forth? These stereotypes range from the view of young Black men as criminals, young Black women as sexually promiscuous (“jezebels“), older Black women as comforting “mammies,” and so forth. Dr. Ray, likely expressing the concern of many Black people, spoke frankly about these concerns for his children on The Young Turks.
For some Black folks, hypervigilance is the product of living with such (racist) realities. One must constantly be alert and self-aware, ensuring that one is safe and avoiding fulfilling whites’ stereotypes about Black people. Watch how you speak, dress this way, avoid these areas at these times, sit like this, etc. Setting aside the debates between assimilating to white norms and challenging them momentarily, these are real matters to consider given the concerns for one’s safety and well-being.
In this era of modern racism, where racial prejudice is covert, even unconscious and implicit, it can feel like one is walking on a field covered with landmines of little (or big) racially-tinged events. Unfortunately, the hurt of these events, ranging from microaggressions (e.g., “you’re not like other Black people!”) to racist violence is compounded by the denial that racism continues to be a problem today. This makes for conditions similar to schizophrenia, I would argue; you do not know who might harm or offend you in terms of race and, once hurt, you might be told you are being hypersensitive or playing the “race card.”
How does one’s prejudice, even if implicit, translate into the death of an innocent, unarmed 17-year-old Black man? Without attempting to assess the racial attitudes of Zimmerman, especially given his history of criminal behavior, we can at least talk about how racist attitudes are allowed to become racist behaviors. Today, with civil rights and non-discrimination laws, discrimination in employment, housing, public accommodations, health care, and so forth, is illegal; hate crime laws sometimes tack on harsher sentences in the case of bias-motivated violence and property damage. Of course, more minor, everyday forms of discrimination are not illegal, for they are not seen as damaging to marginalized groups’ well-being, despite evidence that suggests otherwise when these events accumulate.
There are some laws and policies that are blatant in their intent to discriminate against people of color, for example, the new law in Arizona that allows the racial profiling of Latina/o people or those perceived to be Latina/o in an effort to crack down on illegal immigration. Other laws, like the self-defense law in Florida, may not explicitly implicate race, but can be exercised in ways that facilitates racial discrimination and racist violence. A post at Feministe does a great job of explicating this point:
A “reasonableness” standard is important in evaluating a self-defense argument. The key, though, is reasonable to whom? In many jurisdictions, deadly force is only justified if a reasonable person in the same circumstances would believe it was necessary to prevent death or great bodily harm. What’s interesting — and troubling — about the Florida statute is that it doesn’t include any duty to retreat (instead allowing force to be met with force), and it doesn’t require that a “reasonable person” would find the circumstances potentially life-threatening. It requires that the individual who used deadly forced “reasonably believed” that the use of force was necessary. It’s a small distinction, but an important one (and it’s Bernie Goetz all over again). A “reasonable person” would not think that a young black man walking down the street was a threat to his life. But an individual with a particular set of experiences and views might be able to convince a jury that he reasonably believed that. In a racist society, you can find a racist person who “reasonably believes” that the existence of a black kid is dangerous, and that a confrontation with a black kid — even if the white adult started it — is life-threatening.
One point that has come up time and again in my dissertation research (on the health consequences of discrimination) is that when laws and policies are less standardized and rigid, there is more room for people in power (e.g., managers, supervisors) to use their own discretion. This may mean that their biases may sneak in. For example, in an audit study comparing hiring practices of gay male compared to heterosexual male potential employees, sociologist Dr. Andras Tilcsik found preference given to heterosexual men because they are assumed to be more decisive, aggressive, and ambitious than gay men. However, when policies and laws are more standardized, leaving little room for personal discretion, there tend to be fewer reports and complaints of discrimination.
Things We Can Do
Unfortunately, Trayvon Martin is dead. So, what can we do now?
- You may consider signing the Change.org petition to arrest and try George Zimmerman for murdering Trayvon Martin.
- As Dr. Ray points out, we could work within ourselves to challenge our stereotypes and assumptions:
Socially, when individuals meet a “good” black man, they can be seen as the rule and not the exception. Most black men are not criminals or untrustworthy; they are law-abiding citizens. People need to start recognizing social class cues that signal professionalism and decency instead of ubiquitously categorizing black men as dangerous. It is high time that individuals see not just a black man, but a man who could be a doctor, lawyer, neighbor or even the president. These changes in individuals’ perceptions will a go long way to solve the criminalization of nonwhite bodies.
- Also, we can challenge others’ assumptions and stereotypes.
- We can assess whether the expansion of self-defense laws may lead to greater protection or greater harm. In particular, we should ask whether these laws open the door for greater violence against marginalized groups.
- We should ensure that the media paints a holistic picture of Black people in America, rather than promoting the usual stereotypes of Blacks as criminals, stupid, lazy, or, on the “positive” side, only good at entertaining.
- Rather than remaining complacent, we can continue to advance discrimination and hate crime laws to protect marginalized groups from differential treatment, especially in this era of covert prejudice.
- We must begin to talk more frankly about race, rather than skirting these conversations in this so-called post-racial era. President Barack Obama’s presidency should be seen as re-sparking the conversation on race and racism, rather than ending it.
When I was home in the DC area for winter break, I met up with a good friend who had recently moved there from Indiana. The first thing he told me was that a professor in his department had been murdered. “Whoa, that’s crazy!” I said, not sure what else to say, and then turning back to look at the books in the “lesbian interest” section of the queer bookstore we were browsing. I had no idea how tragic the story really was, nor that it would quickly become national (to some degree, even international) news. On December 28th, Indiana University Professor Don Belton was stabbed to death by Michael J. Griffin. Griffin used a 10-inch-long knife to stab Belton five to six times, later telling police that he had done so because Belton had sexually assaulted him twice and showed no remorse. Belton’s department, IU Department of English, has expressed their sadness about for the loss, and members of the community have also come together to express their sadness and demand for justice for his murder.
I am surprised to say the last thing I predicted I would hear about Belton’s death was reference to the “gay panic” defense for attacking a lesbian, gay, or bisexual person. But, because of Griffin’s claim that he was sexually assaulted, some, including CBS, have speculated whether this ugly defense will rear its head in this tragedy when it goes to court. Griffin has pleaded not guilty to the murder, and, it would seem pretty far-fetched for him to claim “gay panic”: that he momentarily went insane because of an exposure to homosexuality. Belton’s personal diary denotes excitement about a new relationship with “Michael”; further, Griffin went to Belton’s home with a 10-inch-knife and an extra set of clothes. (He fled the scene and disposed of his bloody clothes.) That sounds like a slam dunk for premeditated murder to me. Right?
A Hate Crime?
This weekend, back in Indiana, a good friend and I discussed the murder. He stated that this should be tried as a hate crime, as it could be argued that Griffin planned and carried out a murder of a gay man, with whom he had at least two romantic encounters, claiming that he had been sexually assaulted by the man. My quick rebuttal was that Griffin himself, by virtue of his sexual relationship with Belton, could not be accused of a hate crime. But, very quickly, my friend pointed out his own sexual orientation and/or behavior is irrelevant – if he killed Belton because of his hatred for lesbian, gay, and bisexual people, he has committed a hate crime. This point transcends this case, as there have been rumors that one of the men who killed the late Matthew Shepard, who was murdered in 1997 in Wyoming because of his gay sexual orientation, is bisexual. In both of these cases, a gay man has been murdered and blamed for his own murder because of his supposed sexual advances toward a heterosexual-identified man – a reality that can only be true in the eyes of someone who holds inaccurate stereotypes and hostile feelings toward gay people: a hate crime.
“Gay Panic” And Hate Crimes Are Two Sides Of The Same Coin
If you do the math, the end result is the same. With a “gay panic” defense, an attack has occurred against a lesbian, gay, or bisexual person because of their sexual orientation. With a hate crime conviction, an attack has occurred against a lesbian, gay, or bisexual person because of their sexual orientation. These two pseudo-legal conceptions are strangely two sides of the same coin; however, with the “gay panic” defense, the homophobic attacker is not faulted for their own actions – they were so overwhelmed with someone’s gay sexuality that they temporarily lost touch with reality and attacked the supposed source of this psychosis. For this defense to be successful, which I believe it has had some, society, culture, and the law must accept that lesbian, gay, and bisexual sexualities are bad and that it is reasonable to be afraid of them; thus, both the “gay panic” defense and anti-LGBT hate crimes stem from homophobia.
Remembering Don Belton
A memorial service is scheduled for Belton tomorrow, January 15that 5pm at the Unitarian Universalist Church at 2120 North Fee Lane in Bloomington, Indiana. There was a large vigil held in town on January 1st, as well. And, Inside Higher Ed reports “And Josh Lukin tells me that he is proposing a session called ‘Remembering Don Belton’ for the next MLA — a panel ‘engaging his scholarship, art, journalism, and pedagogy.’ Possible topics might include ‘his writing and teaching on black masculinity, Baldwin, Brecht, Mapplethorpe, Morrison, Motown, jazz, cinema, abjection,’ to make the list no longer than that.“ It is my hope that Belton’s murder will spark a more in-depth and complex understanding of the way prejudice operates, and that society, culture, and the law will progress to reflect it.
Update (03-10-2013): In revisiting this post after the recent murder of Marco McMillian, a gay Mississippi politician, this discussion remains relevant. Again, a murder has been justified as the result of being sexual assaulted by a gay person, or panicking after consensual same-gender sex.
Also, I wish to make explicit my intentional skirting of violence against trans* people. Though I referenced “anti-LGBT” violence, this post mostly reflected homophobic violence against lesbian, gay, and bisexual people. This was not the negligence of referring to all LGBT people when really meaning gays and lesbians only. While homophobia affects the lives of trans* people, the reality of transphobia and cissexism cannot and should not be subsumed into discussions of homophobia and heterosexism.
Thus, I did my best in this post not to conflate ‘LGB’ with ‘T’ and homophobia with transphobia. It is important to acknowledge prejudice, discrimination, and violence against all sexual and gender minorities, while also being certain to acknowledge and address the unique complexities of homophobia (anti-gay and anti-lesbian), biphobia, and transphobia. (Thanks to my friend, Aubrey, for asking for clarification on this!)