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Transgender People And The Criminal Justice System

Source: GayRVA.com

Source: GayRVA.com

Last week, I participated on a panel, Transgender People in Criminal Justice and Law Enforcement Settings: Recent Research, hosted by the Virginia Anti-Violence Project (VAVP) at University of Richmond’s downtown campus.  Dr. Eugene F. Simopoulos, a forensic psychiatrist, presented a thorough review of gender identity and expression, and the treatment of trans people in the criminal justice system and medical institution.  Responses were offered by Edward Strickler (secretary of the Board of Directors of VAVP), Rebecca Glenberg (Legal Director, ACLU of VA), and me (in my capacity as a sociologist).  Our collective goal was to educate local law enforcement about trans people, particularly their treatment within the criminal justice system, and hopefully offer recommendations for improvements.  Below, I offer the notes from my response to Dr. Simopoulos.  You can see media coverage of the event at GayRVA.

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As a sociologist, I study discrimination, and its consequences for marginalized groups’ health and well-being. There are two features of my scholarship that I believe will be useful for today’s conversation about trans people generally and in the criminal justice system specifically.  The first is to offer a critical sociological perspective for understanding discrimination.  The way that most people understand discrimination in an everyday sense is fairly narrow.  In particular, discrimination is thought to include specific, rare, and identifiable events of unfair treatment that are committed by specific, identifiable perpetrators who harbor prejudice toward a particular disadvantaged social group.  Thus, the intent of one’s actions are crucial here, regardless of the impact on the victim.

However, as a sociologist, I recognize that discriminatory treatment is much more complex than this, and often occurs in the absence of explicit, conscious bias.  The discriminatory acts perpetrated by a member of a dominant group against a member of a stigmatized group are merely the behavioral component of a system of oppression.  And, these acts are justified by the ideological component of this system of oppression, or what we typically call prejudice.  I suggest, then, that we think about transphobia as a system of oppression.  The discrimination and harassment that transgender people face is neither rare nor random; rather, trans people repeatedly face discrimination, harassment, and violence across multiple contexts, and throughout their lives.

Transphobia Is A System Of Oppression

Transphobia, as a social system, includes the discriminatory acts perpetrated by cisgender (i.e., non-transgender) people against transgender people.  It also operates through important institutions in society – the medical institution, the criminal justice system, education, the military, and so forth.  It shapes the policies and practices of these institutions in ways that disadvantage, harm, and/or exclude transgender people.  Finally, transphobia manifests as laws and policies, particularly at the federal and state levels, that disadvantage, harm, and/or exclude transgender people.  This includes seemingly-neutral laws and policies that are harmful, nonetheless.  One example would be the push for voter identification laws, which places additional burdens on trans people, particularly those whose legal documents do not reflect their current gender identity.

I offer this perspective of transphobia as a system for two reasons.  First, I wish to highlight that the challenges to improve the treatment of transgender people are by no means unique to the criminal justice system.  Second, I want to push our conversation about trans people’s interaction with and experiences in the criminal justice system into the broader context of transphobia.  The challenges that transgender people face in the criminal justice system are both cause and consequence of the challenges they face in other domains of society.  The National Transgender Discrimination Survey notes that trans people are more likely to interact with law enforcement and/or enter the criminal justice system because: 1) they are more likely than cisgender people to be a victim of a crime, particularly anti-trans hate crimes; 2) they are more likely to be homeless, kicked out of their homes by family or due to extreme poverty; and, 3) because of employment discrimination, many transgender people turn to sex work, selling as well as using drugs, or other parts of the underground economy.

Intersections With Racism And Classism

The second feature of my scholarship that I wish to share today is a framework that considers how other systems of oppression intersect with transphobia. Black feminist scholars have developed a concept called intersectionality to understand the interlocking and mutually reinforcing relationships among racism, sexism, classism, and heterosexism. We can add to this list transphobia. Relatedly, they argue that you cannot attend to one of an individual’s multiple social identities to fully capture that individual’s experiences, well-being, and status in society.

In today’s conversation, by thinking of trans people solely in terms of their gender identity and expression, we miss important ways in which transgender people’s experiences are shaped by their race and ethnicity, immigrant status, social class, and other identities. More specifically, we miss that certain segments of transgender communities – namely poor trans people, trans women, trans people of color, and especially trans women of color – are particularly vulnerable to violence, discrimination, harassment, sexual violence, poverty, homelessness, and poor health.

Findings from a few recent reports, including the NTDS Survey, and the National Coalition of Anti-Violence Programs report for 2013, suggest that these groups bear the greatest burden of the challenges that trans people face in the criminal justice system. And, these disparities exist in every context in the system, from interactions with police, to arrest, to treatment in prisons.

  • While 60% of the transgender people in the NTDS survey report any interaction with law enforcement, the number jumps to 80% for Black and Latina trans women.
  • Trans women of color are more likely to report being targeted, disrespected, and harassed, and assaulted by police than other trans people, and LGBT people in general. For example, under New York City’s practice of “stop-and-frisk,” wherein 90% of individuals who were stopped were Black or Latina/o, LGBT people, especially trans women, were disproportionately represented.
  • Trans women, particularly trans women of color, are often stopped by police because they are assumed to be sex workers – a pattern that the ACLU and other groups has now referred to as “walking while trans,” akin to racial profiling or “driving while Black.”
  • While only 3% of the general population has ever been incarcerated, 16% of trans people have ever been sent to jail or prison. And, that figure is 41% for Black and Latina trans women; almost all report that they were incarcerated due to transphobic bias.
  • Among trans people who have been incarcerated, trans women of color serve longer sentences, and are more likely to be harassed, and physically and sexually assaulted by both fellow inmates and prison staff than other trans people.
  • And, a greater percentage of trans women of color report that either other inmates or prison staff block their access to hormones or regular medical care.

To conclude, I want to reiterate the importance of recognizing the roles that race, ethnicity, immigrant status, and social class play – or, more specifically, how racism and classism intersect with transphobia. We must avoid thinking of and treating trans communities as a monolithic group, as there is a great deal of diversity within these communities.

References And Additional Information

  • Simopoulos, Eugene F. and Khin Khin.  2014.  “Fundamental principles inherent in the comprehensive care of transgender inmates.”  Journal of the American Academy of Psychiatry and the Law 42: 26-36.
  • Summary of findings [pdf] and full report [pdf] of National Transgender Discrimination Survey.  (And, see my summary here.)
  • Supplementary report [pdf] of Black respondents in the NTDS survey.  (And, see my summary here.)
  • Supplementary report Hispanic and Latina/o respondents [pdf] and Asian and Asian American respondents [pdf] in the NTDS survey.
  • Summary of findings [pdf] and full report [pdf] of the 2013 National Coalition of Anti-Violence Programs report.
  • It’s A War In Here: A Report on Transgender People in Men’s Prisons [pdf] by Sylvia Rivera Law Project.
  • The Williams Institute report on Latina trans women’s experiences with law enforcement [pdf].
  • The Unfair Criminalization of Gay and Transgender Youth,” Center for American Progress, June 29, 2012.
  • A Roadmap for Change: Federal Policy Recommendations for Addressing the Criminalization of LGBT People and People with HIV [pdf].
  • Queer (In)Justice book
  • Dealing with Transgender Subjects,Police Magazine, January 4, 2013.
  • Resources from the Transgender Law Center

The Concept of Double Jeopardy: A Look At The Lives Of Multiply Disadvantaged Individuals

Black Feminism Symbol

To my surprise, I came across an article posted on Huffington Post yesterday that mentions “double jeopardy” — here, in the academic sense.  The article reviews a study published recently in the Journal of Experimental Social Psychology that found that leaders of unsuccessful companies in a fictitious news story were more harshly criticized when they were Black women.  That is, Black women faced more penalties (in this case, criticism) than Black men, white women, and white men:

In a study conducted by Rosette and Livingston, 228 participants read fictitious news articles about a company’s performance, including permutations in which the leader was black or white, male or female and successful or unsuccessful. What they found was that black women who failed were viewed more critically than their underperforming white or male counterparts — even those of the same race.

What Is “Double Jeopardy”?

I say, “to my surprise,” because a quick search for “double jeopardy” on Google yields site after site about the movie, Double Jeopardy, featuring Tommy Lee Jones and Ashley Judd; a search on Wikipedia also yields a page about the film, as well as a few pages about the legal concept of double jeopardy.  Ironically, the legal meaning of double jeopardy, in which a person cannot be tried twice for the same crime, somewhat counters the academic meaning of the term.  In this sense, double jeopardy refers to the additional barriers and burdens faced by individuals who hold multiple disadvantaged statuses (e.g., Black women) compared to their singly disadvantaged (e.g., white women and Black men) and privileged counterparts (e.g., white men).

As early as the late 1960s, the term double jeopardy came into use to highlight the unique experiences of Black women, particularly their simultaneous exposure to racism and sexism (and classism). As the second wave feminist movement made progress through the 1960s and 1970s for women’s rights, calls from Black, Chicana, and multicultural feminists, lesbian feminists, and other women who faced other forms of oppression other than sexism to attend to the diverse needs and experiences among women grew louder.  Various feminist activists and scholars worked intensely to draw attention to the fact that the category of “woman” and all of its associated experiences and obstacles is not universal; many advocated for a perspective that considers the intersections among sexism, racism, and classism.

Double Jeopardy Versus Intersectionality

Over time, awareness of the full array of systems of oppression that operate simultaneously has evolved to include heterosexism, ableism, ageism, fatphobia, xenophobia, and so forth.  Obviously, one can be disadvantaged in multiple ways or face “multiple jeopardy,” for example, as a lesbian, woman, Latina, and working-class person.   In fact, in my own research, I have found just that: among 15-25 year olds, the more disadvantaged statuses an adolescent or young adult holds (among race and ethnicity, gender, sexual orientation, and social class), the more forms of discrimination one faces (e.g., race and gender and sexual orientation discrimination).  And, as a result, these multiply disadvantaged individuals face double or multiple jeopardy in mental and physical health; that is, partially because of their disproportionate exposure to discrimination, they face even more depressive symptoms and worse physical health than more privileged youth.

While the notion of multiple jeopardies — almost easily counted based on the number of disadvantaged statuses one holds — is still used in some research, especially in sociological work on health, it has fallen out of favor among scholars who study the intersections among race, gender, and class.  This is, in part, because the idea of adding up one’s statuses, essentially adding one’s exposure to sexism to one’s exposure to racism and so on, misses the ways in which these identities and systems of oppression intersect.  Or, said another way, racism + sexism + classism misses how one experiences the world as a working-class Black woman, an experience that is not merely the sum of working-class experiences + Black experiences + woman experiences.  These systems of oppression intersect and mutually reinforce one another in such a way, for example, that homophobic policies like the US military’s Don’t Ask Don’t Tell policy harm Black women more than any other group.

Should We Do Away With Double Jeopardy?

Well, if we meant the literal experience of multiple systems of oppression — yes, we should do away with it.  But, what I mean here is, if it seems the notion of “double jeopardy” misses the ways in which systems of oppression intersect, should we stop using it in the way that we understand the lives of multiply disadvantaged individuals?  Having used the concept in past and current research, it might seem I have a vested interest in calling for the continued use of the concept.

Like any good researcher, I would say the appropriateness, relevance, and usefulness of the concept depends on your research question.  In health research, documenting whether multiply disadvantaged groups are at elevated risk for illness and disease necessarily calls for a comparison with singly disadvantaged and privileged groups.  For example, lesbian and bisexual women’s elevated risk for obesity is identified by comparing them to heterosexual women, gay and bisexual men, and heterosexual men.  But, what causes that elevated risk — factors brought on or exacerbated by sexism and heterosexism — can be said to be evidence of double jeopardy (sexism + heterosexism) and intersectionality (the intersection of sexism and heterosexism).

As such, in general, I would recommend that we need both perspectives — multiple jeopardy and intersectionality — to fully understand the lives of multiply disadvantaged individuals and their more privileged counterparts.  Even if you use only one of these two perspectives, you are contributing to what little we know about the lives and experiences of, and challenges faced by individuals who hold multiple disadvantaged statuses.

On The Importance Of Intersectionality: Multiple Forms Of Discrimination And Health

Black Gays for Justice and Respect

Over thirty years ago, Black feminist scholars and activists began emphasizing the importance of recognizing every identity and status of which each individual is comprised.  We are not merely a particular gender, nor race, nor class.  In fact, the crux of the perspective known as intersectionality is that we must account for the intersecting nature of our identities and statuses.  For example, a full understanding of the lives of Black women cannot come from considering their lives as Black people only, as women only, nor as the sum of these two sets of experiences.

Fortunately, sociologists like myself are beginning to recognize that it is crucial to examine intersectionality in our research.  But, it seems one key component of the theoretical framework of intersectionality is often overlooked.  Black feminist scholars, like Patricia Hill Collins and Kimberlé Crenshaw, called not only to examine the intersections among race, gender, class, and sexual identity, but, more importantly, to focus on the intersecting and mutually reinforcing relationships among systems of oppression: racism, sexism, classism, and heteronormativity.

In my own research on the health consequences of discrimination, I have noticed that almost every one of the hundreds of studies on discrimination and health focus exclusively on one form of discrimination – especially racial discrimination.  There is solid evidence demonstrating that one’s experiences with discrimination are consequential for one’s mental and physical health; however, these studies have not examined whether the relationship between discrimination and health depends upon the number of forms of discrimination individuals experience.  Could it be the case that individuals who face sexist and racist discrimination fare worse in terms of health than those who experience sexist discrimination or racist discrimination only?

In a study I published in the June 2012 issue of the Journal of Health and Social Behavior, I find that the answer is yes, at least among youth.   Using a sample of 1,052 Black, Latina/o, and white youth aged 15-25 from the Black Youth Culture Survey of the Black Youth Project, I found five important patterns.

  1. First, disadvantaged youth report more frequent exposure to their status-specific form of discrimination.  Black and Latina/o youth report more frequent race discrimination than white youth.  Girls and young women report more frequent gender discrimination than boys and young men.  Lesbian, gay, and bisexual youth report more frequent sexual orientation discrimination than heterosexual youth.  And, youth whose families have been on welfare or state assistance report more class discrimination than youth from wealthier families.

    Reports of Each Form of Discrimination

  2. Generally, more frequent exposure to each form of discrimination is associated with worse self-rated physical health and more depressive symptoms in the past month.
  3. Multiply disadvantaged youth (e.g., Black working-class boys, Latina lesbian and bisexual girls) report facing more forms of discrimination and more frequent discrimination overall (i.e., the sum of the frequency of exposure to the four forms of discrimination).

    Number of Forms of Discrimination Reported by Number of Disadvantaged Statuses

    Overall Frequency of Discrimination by Number of Disadvantaged Statuses

  4. Youth who face multiple forms of discrimination and more frequent discrimination report worse self-rated physical health and more depressive symptoms than youth who face fewer forms and less frequent discrimination.

    Self-Rated Health by Number of Disadvantaged Statuses

    Depressive Symptoms by Number of Disadvantaged Statuses

  5. Multiply disadvantaged youth experience worse self-rated physical health and more depressive symptoms compared to their more privileged counterparts.  This is due, in part, to their disproportionate exposure to multiple forms of and chronic discrimination.  That is, exposure to multiple forms of discrimination contributes to these documented health disparities.

These findings reiterate the importance of examining the intersections among systems of oppression.  In the case of this article, only examining racial discrimination or gender discrimination, for example, would miss that youth who are disadvantaged in more than one way face the greatest amount of discrimination.  Unfortunately, scholarship and popular discussions of racism, or sexism, or homophobia in isolation from other forms of oppression continue to gloss over the experiences of individuals whose lives are constrained by multiple systems of oppression.