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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

A Call For Bystander Intervention To End Racism

In the recent sociological blog debate on racism versus the supposed dawn of “post-racism” in America, we often touched on problems that make talking about racism difficult, if not entirely impossible.  In addition to institutional constraints, there are interpersonal factors that can derail meaningful conversations about race and racism.  In addition to calling attention to these barriers, it is important to make explicit that too few people take on this difficult task.

Responsibility For (Anti-)Racism

In general, too few people consistently assume responsibility for talking about race and racism, and fighting racism more broadly.  That kind of work is presumed to be taken on by activists and leaders of social movements.  But, in particular, the responsibility generally falls in the laps of those victimized by it — in this case, people of color.  As Jason noted in his contribution to the “post-racism” blog debate, racial and ethnic minorities generally face this burden alone.

But, people of color are neither alone in this racist society nor the creators of this system of oppression.  Whites are implicated by virtue of the benefits they receive (i.e., white privilege) from the historical legacy of racism, as well as today.  Eliminating racism, then, is just as much their responsibility, if not more, as it is for people of color.

As I re-watched a few of ABC’s “What Would You Do” social experiments regarding race and racism, I was reminded just how problematic America’s sense of responsibility for racism and anti-racism are.  While too few whites intervene when they witness racist discrimination in stores against (innocent) people of color, many seem quick to intervene to sanction Black people’s criminal behavior but not that of whites (see part 1 and part 2).  (Three young Black men sleeping in their own car got more calls to 911 than did three young white men vandalizing and breaking into someone else’s car.)

A Personal Anecdote

Racist events are plentiful, from small slights to extreme forms of violence.  So, there are too many missed opportunities to confront racism, or at least learn from these events to do things differently in the future.  One such event stands out in my own life.

At the start of my second semester of graduate school, my cohort and I sat through the beginning of our training and preparation to carry out a telephone survey on social attitudes that summer.  In talking through concerns for the project, whether we as  interviewers “talk black” was posed as a potential bias in our interviews.  It felt as though as though a grenade had gone off right in the middle of class, but we continued on ignoring it.  I thought, “was I the only one who heard that?”

This event only became an issue when my colleagues of color and I were overheard joking about the racist comment the following week.  That was brought to the attention of the professor who, out of concern, asked us whether and how to “handle” this.  Three weeks later, we finally devoted an entire two-hour class to discussing the comment about “talking black” — a phrase the professor wrote explicitly on the board to facilitate our conversation.

Of course, five minutes that felt like an eternity passed before anyone broke the thick silence that suffocated the room — it was me, naturally, in which I called attention to that deafening silence.  As the tense conversation carried on, my cohort was divided, with the students of color and anti-racist white students taking issue with the concern about “talking black,” and the rest remaining silent, or speaking up to say they did not see a problem or even recast the comment in their head so that it was not problematic.

The conversation boiled down to whether the commenter said “talking black” or talking black, where the quotation marks became the symbolic boundary between belief that there is a(n inferior) style of English unique to Black Americans and the knowledge that others believe that (but not believing it oneself).  Only a racist person would forgo the quotation marks, for this would reflect their own beliefs.

With the conversation ending with a half-ass apology from the commenter, that one’s upbringing in the Midwest should suffice as an excuse for one’s racist prejudice, we left the room more divided than ever before.  The rest of our department remained curious bystanders, but nothing more came of these events outside of the efforts of students of color to challenge racism in the department and university.

To add insult to injury, later in the semester, my colleagues of color and I overheard some of our classmates complain about the ongoing divisiveness, placing blame on us for not having gotten “over it” yet.  Their simultaneous lack of understanding and lack of sympathy only further fueled the division.  I am happy to say that a great deal has been forgiven, but one can never forget such events.  But, sadly, because little came of it, we saw yet another racist event occur years later.

A Call For Bystander Intervention

I, as others before me, call for a bystander intervention approach to ending racism.  Too often, individuals not directly involved in a dangerous or difficult scenario — or bystanders — simply stand-by and watch without intervening to provide help.  As such, in the case of the prevention of sexual violence (since this “bystander effect” was coined after no one intervened in the brutal rape and murder of Kitty Genovese), advocates have strongly emphasized the need to turn bystanders into potential interveners – “bystander intervention.”  Applied to racism, this means that individuals are called to action to intervene if they witness racist discrimination, bullying, or violence.

However, I push this anti-racist bystander intervention one step further beyond intervening in difficult situations.  Similar to my calls for bystander intervention to prevent sexual violence (i.e., rape, sexual assault, sexual harassment), I stress that our anti-racist work must include a sense that racism is a community issue and, as such, anti-racism is a community responsibility.

Ways To Intervene

A related aspect is noting that racism exists at multiple levels and, as such, there are an infinite number of ways in which we can fight it:

  1. One can intervene when they witness racist discrimination or harassment.  Of course, this depends upon a number of factors that make this easier said than done.  And, no one should intervene in ways that place them at risk for getting hurt.  If it is a scenario of extreme violence, like a racially-motivated hate crime, a safe means of intervening may be to call the police.  If it is an instance of the unfair firing of a Latina coworker, you could approach your supervisor to note that you feel your coworker deserves a second chance.
  2. Challenge racist prejudice.  This can entail calling people out who appear to harbor prejudice toward people of color, or hold misguided stereotypes.  It also means calling out offensive comments that others’ may make about racial and ethnic minorities.
  3. Challenge yourself.  No matter one’s racial or ethnic background, and one’s racial ideology, no one is immune to the pervasive poison of racism.  It is important to also check your own biases and actions.  Do you seek out friends of the same race?  Do you avoid “that part of town”?  Do you do certain things, at least in part, to avoid appearing racist?
  4. Educate yourself.  Unfortunately, most Americans leave formal education knowing little about racism and the history and experiences of people of color beyond obligatory coverage during Black History Month.  To push beyond this, one can take the time to learn more (even from March to January).  Read books about and by people of color.  Go see films on historical and contemporary accounts of the lives of racial and ethnic minorities.  Visit museums that feature exhibits on race and ethnicity.  Become comfortable talking about race and racism with the people around you, no matter their race and ethnicity.
  5. Support victims of racist prejudice, discrimination, and violence.  As I wrote the first suggestion, I realized that there are so many concerns that one may have in directly challenging racist actions.  But, there are fewer concerns regarding harm in supporting victims of these actions.  Though your supervisor who unfairly fired your Latina coworker very well could threaten you, as well, you are freer to reach out to your coworker.  See if she wants to talk, needs help finding a new job, or even filing a discrimination or EEO complaint.  Even outside of severe instances of racist acts, you can be a supportive ally by really hearing people out when they reveal their experiences to you (rather than blaming them or encouraging them to think of alternative reasons for those acts).
  6. Challenge racist practices of organizations and institutions.  Though the days of overt racist laws and policies are mostly gone, there are still many — albeit neutral in intention and language — that disproportionately harm people of color.  It is important to challenge these, just as it is to challenge racism at the individual-level.  Maybe you can speak up if your workplace implements a dress-code policy that unfairly targets racial and ethnic minorities.  Take action to prevent the efforts to repeal Affirmative Action and other policies that aim to redress racial inequality.  Educate yourself and others about how new policies or policy change can contribute to racial equality, even if they are not targeted solely toward people of color (e.g., Affordable Care Act).

Concluding Thoughts

Obviously, everyone cannot become leaders of social movements like Rev. Dr. Martin Luther King, Jr. or lead deadly anti-racist efforts like abolitionist John Brown or the slain Mississippi civil rights workers.  Most of us are not lifelong activists.

But, there are many opportunities throughout a given day to make a difference, no matter how small.  For, even small acts add up to a big contribution to challenge prejudice and stereotypes, educate oneself and others, end racist discrimination and violence, and promote racial diversity and equality.  Just as we are all implicated in racism, it will take all of us to end it.