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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

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!

The Unjust Murder Of Trayvon Martin Is A LGBT/Feminist/Human Rights Issue

When news first broke about the murder of Trayvon Martin by George Zimmerman, some lesbian, gay, bisexual, and transgender (LGBT) organizations spoke out about the injustice.  Some even signed onto calls demanding that Zimmerman be tried for the murder.  Now, after the not-guilty verdict, which has freed Zimmerman of any responsibility and thus punishment for taking Martin’s life, even more LGBT organizations have voiced their outrage.  Indeed, advocating for justice is the right thing to do.

Trayvon’s Murder As An LGBT Issue

But, is this really something that we should expect of organizations that advocate for equality on the basis of sexual orientation and gender identity and expression?  Or, as the Queerty article asked of its readers, “Should the LGBT community care about the George Zimmerman trial verdict?

When I first saw the headline, I thought the answer was obvious — yes!  And, other LGBT media were focusing on the organizations that were demanding justice; so, it seemed the question did not even need to be posed.  I skimmed the article and then the comments to see if the obvious “yes” and the reasons for it were articulated by others.  Fortunately, most of the readers at least said yes, though largely because they could empathize with the injustice in this case as LGBT people.

Admittedly, I was underwhelmed by this response.  It felt as though LGBT people — at least the few people answering Queerty’s inquiry — cared about the unjust murder of Trayvon Martin to the extent that they were able to envision fearing such violence because of their sexual orientation or gender identity/expression.  I had hoped to see some recognition that this racial injustice affects the lives of LGBT people of color — that that was enough for the entire LGBT community to be concerned that some of its members’ rights have been threatened.

However, I read an op-ed in The Advocate this morning, which help me understand this sort of empathy (which I would better understand outside of this very divisive case).  Michelle Garcia, the magazine’s commentary editor, wrote a piece that connects the so-called gay panic defense to the not-guilty verdict Zimmerman received.  In the former, there have been cases of anti-LGBT murders wherein the heterosexual murderer argues that he (typically) was momentarily insane because of a sexual advance made by the gay or transgender victim.  In a way, they feared for their safety (in line with the stereotype of gay rapists), and thus defended themselves.  Zimmerman’s defense for pursuing and killing Martin was that he feared for his and others’ safety.  Because the stereotype of young Black men as violent criminals exists, eliciting real fear in whites, it seemed to be enough to justify taking Martin’s life, and letting Zimmerman (and his racial biases) walk free.

I find this take (and this one) convincing.  The very laws (i.e., Stand Your Ground) that let white murderers of innocent Black people walk free could let heterosexual or cisgender murderers of innocent lesbian, gay, bisexual, or transgender walk free.  In fact, prior to such broad self-defense laws, and without drawing directly upon them now that they exist, there are several of such murderers who do walk free because of the “gay panic” or “trans panic” defense.  Courts and juries have sympathized with privileged people who momentarily felt unsafe (often because they stereotyped an LGBT person as a sexual predator), while offering no justice for their victims — people who live in daily fear of anti-LGBT discrimination and violence their entire lives.

A(nother) Call For Coalition-Building

As such, the unjust murder of Trayvon Martin is an LGBT issue… is a feminist issue… is a human rights issue.  In the past few weeks, LGBT people have celebrated major advancements toward sexual and gender equality.  In that same time frame, the hard-fought rights of people of color and women have been attacked and, in some cases, successfully eliminated.  These setbacks hurt lesbian, bisexual, and transwomen, and LGBT people of color.  Thus, they are setbacks for all LGBT people, and all people of color, and all women.  And, pessimistically speaking, they are a signal to the LGBT movement that bigots never retire, even as discrimination and violence are outlawed.  The very rights we finally secure today may be undermined in a few decades.

This is yet another reminder that single-issue politics are less effective, at least in the long-run.  We cannot afford to have white feminists focusing exclusively on the slow reversal of Roe v. Wade, while white gay men continue to blindly celebrate marriage equality, while heterosexual, cisgender people of color exclusively mourn the recent string of racial injustices (Voting Rights Act, Affirmative Action, Baby Veronica, Zimmerman’s acquittal, etc.).  That is, while women of color, LBT and queer women, and LGBT people of color are exhausted by trying to keep up with all of these issues, and trying to explain to others how they are fundamentally linked.  Simply put, we are overdue for successful coalition-building.  For, “injustice anywhere is a threat to justice everywhere” (Dr. King).

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.

In Defense Of Femininities — All Of Them

Happy Women’s, Womyn’s, Womanist Herstory Month!  Yep, it is March already.  A time the US has set aside for obligatory celebration of girls and women and their contributions to the world.  Sadly, there is a sense of obligation, with the whisperings of “do we still need this?”

Comprehensive Gender Equality

Yes, we do still need these 31 days — barely 10 percent of the entire year — to reflect on girls, women, feminism, sexism and patriarchy, and gender.  By no means have we achieved gender equality.  And, we are overdue for broadening our vision of gender and equality.

Some time ago, I blogged about the narrow definition of “gender equality.”  In this limited, traditional sense, we are referring to the the equal status and treatment of women and men, still recognized by their gender and presumed sex.  This is certainly the dominant vision of mainstream feminism, or was at least in the days of second wave feminism.

There are at least three aspects of gender inequality that remain in this limited view of gender and gender equality.  First, this vision reinforces the treatment of “woman” as a singular status and “women” as a monolithic group.  The unique experiences and needs of women who are also of color, poor, disabled, lesbian, bisexual, queer, older, immigrant, and so on are overlooked.  Second, this focus fails to address the marginalization of transwomen, and transgender and gender non-conforming people in general.  Finally, while aiming to free women from oppression, certain gender identities and expressions — namely femininities — remain stigmatized and invisible.

Gender Diversity

There is a great deal of gender diversity that is too often overlooked within our society that continues to treat sex and gender as binaries: females and males, women and men.

Women, as a group, come from diverse backgrounds: race, ethnicity, social class, sexual identity, nativity, body size and shape, religion, region, and ability.  It is unsurprising, then, that various branches of feminism — or, more accurately, various feminisms — emerged to counter the exclusive focus of mainstream (second wave) feminism to the lives of US-born white middle-class heterosexual cisgender women.  Some of the prominent feminisms in both activism and academia include Black feminism, Womanism, Chicana feminism, multiracial feminism, Third World feminism, lesbian feminism, and working-class feminism.  Today, feminist advocacy and organizations are now more inclusive, but there is still a strong tendency to slip into “single issue” politics.

Related to this diversity among women is the variation within the category of “woman.”  Just as thinking of gender in binary terms, women and men, a singular view of women misses the existence of trans* and gender non-conforming people, particularly transwomen.  Unfortunately, feminist advocacy and organizations have even excluded transwomen in the past, and many wrestle today with deciding how far their inclusivity should extend (e.g., should women’s organizations serve transmen?).

Beyond diversity in terms of gender identity is the recognition of diverse gender expressions.  In reality, there is no universal femininity.  Rather, there are multiple femininities.  Because of the conflation of sex and gender, we tend to assume that femininity = woman; so the reality that femininity can be expressed through any body, regardless of sex and gender identity, is actively resisted and suppressed.  This means we also overlook the hierarchy of femininities, wherein hyperfemininity in female-bodied individuals is rewarded and valued over other expressions of femininity and its expression in other bodies.

Just to make sure the above discussion is clear, I stress that there is a great deal of gender diversity that is too often ignored or erased.  “Woman” does not imply white, US-born, able-bodied, heterosexual (or even sexual), cisgender, feminine, middle-class, Christian, and thin.  There is no singular status or identity of woman.  As a consequence of overlooking this gender diversity, we also miss the inequality that persists among women and among femininities.

In Defense Of Femininities

Despite the many gains that (cis)women have made, and increasing attention to the lives of transwomen, femininity itself remains stigmatized and devalued.  In fact, I would argue that some of the gains made toward gender equality have come at the expense of femininity.  Indeed, early on, some feminists expressed concern that the elevation of women’s status to that of men’s would largely men that women become men.  You can join the old boys club on the condition that you become a boy.

My discipline (sociology) recently tipped over the threshold of gender parity to become a predominantly-female field.  Though the “glass ceiling” has been cracked, if not completely shattered, in some of the field’s top-departments and leadership positions, feminist sociologists continue to struggle to gain legitimacy in mainstream sociology.

Further, we continue to prioritize and reward masculine (or even masculinist) presentations of self.  On two occasions, I witnessed a woman professor scold women students (in front of a mixed-audience) for appearing to lack confidence and aggressiveness: “don’t do that, that’s girly!”  I, too, was discouraged by a (man) professor from being a “shy guy” during an upcoming talk, which, upon comparing notes with another student, realized was the softened version of “man up!”  (I suppose I was assumed too sensitive or critical for the more direct assault on my gendered presentation of self.)

These interpersonal constraints are compounded by those at the institutional level.  In particular, academic institutions continue to evaluate scholars, particularly for tenure, using standards of the days where (white) male scholars had stay-at-home wives to take care of house and home.  Women who become parents face great professional costs, while women who forgo parenthood are rewarded.  Of course, an ironic twist to this aspect of sexism is that fathers receive a slight boost.

Liberating Femininities

As an optimist, I see liberating girls, women, as well as femininity as beneficial to all members of society, no matter their sex, gender identity, and gender expression.  As a critical scholar, I see this liberation as inherently tied to the liberation of all oppressed groups. Sexism is linked to transphobia is linked to heterosexism is linked to classism is linked to racism is linked to xenophobia is linked to ableism is linked to ageism and so on.

For example, two groups of oppressed men — Black men and trans, bisexual, and gay men — stand to benefit from the liberation of femininity.  Just as a hierarchy exists for femininities, one exists for the diverse expressions of masculinity, with that of US-born white middle-class able-bodied heterosexual men as the most valued.  Thus, Black masculinity and queer masculinity are devalued, stereotyped, and simultaneously threatened and treated as a threat.  As a result, many queer and Black men devalue femininity in society and particularly among themselves.  (Some rationalize this by asking, “why would you want to be further stigmatized?”)  True racial and sexual equality cannot exist if these men’s gender expressions remain constrained and policed.

It is time, then, to update our feminist vision of the future.  Feminism cannot be limited to the goal of liberating (a “narrow” category of) women.  We must liberate all women, regardless of their sex assigned at birth, race, age, ethnicity, ability, nativity, religion, body size and shape, and social class.  And, we must liberate all expressions of gender, particularly femininities.  For women will never be truly free in a society that oppresses femininity.

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.