Criminalization of the Trans* Community

Any type of deviance, or violation of social norms, are considered crimes, and the trans*community commonly interacts with the criminal justice system. A significant portion of the trans* community is currently living in poverty, experiencing homelessness, and facing discrimination in the work place which all increase interactions with the criminal justice system. These factors lead to finding other means to live, the trans* community has a large number of sex workers, one of the only available positions, a number of members of the trans* community are drug abusers or sellers attributed to the lack of societal acceptance and to supplement income. Since prostitution and drug use are in violation of our societies norms both are crimes, this demonstrates how crime linked other social problems.

Transgender offenders encounter significant problems in the criminal justice system including the classification of their gender for incarceration, access to health care and potential stereotyping by legal decision-makers. Courts have typically categorized and placed trans* inmates according to their biological genitalia, unless trans* inmates are post-op they will not be placed according to their gender identity. The U.S. Bureau of Prisons has developed guidelines for handling arrests and incarceration of trans* inmates that is consistent with these decisions. Therefore, biologically male trans* offenders with female gender identity are typically incarcerated in a male facility. Inmates who realize their trans* identity after they are incarcerated would have the same concerns. Trans* inmates may be at risk for abuse by correctional officers and other inmates this increased vulnerability to violence could result in constant fear for trans* inmates or other negative psychological effects. Physical and mental health care while incarcerated could also become serious concerns for trans* inmates. For trans* offenders who were undergoing hormonal therapy or sex reassignment at the time of arrest, the continuation of hormone treatment is important to their welfare and, access to hormonal therapy or surgery can be temporarily or permanently suspended while incarcerated. People working in the criminal justice system such as judges, juries, police and corrections officers may also have misconceptions and prejudice against trans* individuals, such as the false notion that all trans* inmates are homosexuals or malingerers.

To make changes critical research needs to be done, are transgender individuals treated differently than others for the same crime? Interviews within in the criminal justice system would be helpful in determining where misconceptions lie and what kinds of discrimination trans* people face. Do the verdicts and sentences given to trans* cases exceeding what is typical are the verdicts and sentences different? Do juries play a role and are verdicts and sentences different based upon whether to individual is out?

Transforming Justice, a group in New York City, aims to have a national conversation about issues facing trans* prisoners. A recent conference gathered former prisoners, activists, attorneys, and community members to develop national priorities towards ending the criminalization and imprisonment of trans* communities. Transforming justice is committed to ending the abuse and discrimination against trans* people in all aspects of society, with the long-term goal of ending the prison industrial complex. Now they are on the right track.

*denotes transgender, transsexual and gender non-conforming

Hate Crime

Hate crimes, crimes motivated by racial, sexual, or other prejudice, typically involving violence, have been increasing. There was a 13% increase from 2009 to 2010 in violent crimes committed against people because of their perceived or actual sexual orientation, gender identity or status as HIV positive, according to the National Coalition of Anti-Violence Programs. Of those killed, 70% were minorities and 44% were transgender women. Statistics for hate crimes against the trans*community nation wide are not available since the FBI records national hate crime statistics but just homosexual males and females are included. Hate crimes against the trans* community are becoming more public with news coverage, In 2009, was the first time in the nation that a state hate crime statute resulted in a conviction in a transgender person's murder, the advocacy group Gay & Lesbian Alliance Against Defamation reported. Hopefully with more advocacy and education around trans* issues more convictions like these will occur and a declining amount of hate crimes.

* denotes transgender, transsexual and gender non-conforming

In the Schools

       More than half of the trans*community experiences being bullied, harassed, and assaulted in public and private schools according to the National Transgender Discrimination Survey. Currently we hear a lot about bullying in schools with the recent high amount of news coverage on the subject. Suicides have been sweeping the nation, Among the trans* community, those who had been bullied, harassed or assaulted while they were in school half reported having attempted suicide. The national average of attempted suicide among the trans* community is forty one percent. These shocking numbers speak to the urgency of ending bullying in our schools. 

A concept that needs to be highlighted in this is heteronormativity, Heteronormativity is term used to describe a set of lifestyle norms that people fall into distinct and complementary genders (man and woman) with natural roles in life. It also holds that heterosexuality is the normal sexual orientation, and states that sexual and marital relations are most (or only) fitting between a man and a woman. A heteronormative view is one that involves alignment of biological sex, sexuality, gender identity, and gender roles. A project in the UK called The No Outsiders project, promoted teachers to teach lesbian, gay, bisexual, and transgender (LGBT) inequalities in their classroom, showing kids that people fall outside of the heteronormative. The No Outsiders project believes purposefully promoting the equality of LGBT community as part of a broader whole school ethos that celebrates diversity and challenges inequities of all kinds. The project provides books like The King and King, a fairytale where a king falls in love with another king instead of a queen; these books hopefully are showing children the acceptance of a diversity of sexualities and alternative family structures. The U.S. could really use similar programs if we taught our children to accept others who fall within or outside of heteronormative we could possibly reduce the high bullying rate within schools. We could reduce the discrimination against the LGBT community, gender, and gender expression. Our society needs to see outside of the heteronormative box to make some serious social changes.

* denotes transgender, transsexual and gender non-conforming

The Changing Family

        The definition of what it means to be American family has been changing for years now with traditionalists fighting to keep it the same, the reality is, not every household has female and male parental units with 2.5 kids, a white picket fence and pet. Redefining what it actually means to be a family would be so beneficial to bring what real families look like to life. Families outside of the traditionalist box will be able to rejoice their family unit structure. There are many ways families differ from the norm and having a trans* family member is just one area. Many families struggle themselves to except their trans* family member on top of receiving discrimination from the outside world that treats our families different making the transition isolating and challenging.

         Families in general, struggle with divorce, role overload, violence, abuse, and neglect and having trans* family member usually only makes matters worse. Sometimes parents disagree among themselves about whether to support their children in their decision to transition leading to separation or divorce. Some parents find it very hard to support their trans* children and turn to violence or neglect. Many trans* individuals end up on the streets because of this factor, and as mention in the previous post living on the streets while being trans* is twice as hard. With a hostile family situations trans* youth often do not get the support they need. Getting support from family and friends is one of the biggest concerns for a trans* person, coming out is very anxiety provoking and leading a so called secret life is just as hard.

         There are many resources for families with trans* members on how to provide support or help families through the time of transition, so families can stay whole and go avoid going down a road of violence, abuse, and neglect. After all most parents fear transition because they don’t want to loose their child, well pushing your child away because of who they are will not keep them in your family. Extended family is an area with a lot of tension, in most cases not everyone in the family will not accept your trans* family member and overcoming that hurdle together as a family is very testing.

Here’s a link to a nightline episode with a family going through a transition

http://abcnews.go.com/Nightline/video/jackie-transgender-kids-gender-identification-primetime-nightline-14425323

* denotes transgender, transsexual and gender nonconforming

Identities

Having transgender and intersex included in the LGBTQIA (lesbian, gay, bisexual, transgender, queer, questioning, intersex, asexual and ally) community is a positive. Most trans people spend some amount of time in their life finding their gender identity and end up in the LGB community, because they identify as one of the letters at some point. The LGBTQIA community is a great way to create a collective identity, to eliminate the isolation, alienation and inequality trans people and others in the LGBQIA community feel.

One problem I see is a constant intersection of gender and sexual orientation. To be fair there is an intersection of gender and sexual orientation but there never seems to a separation anymore and society (US society that is) is left in mass confusion.  Just because a woman has mannerisms or dresses in masculine clothing does not mean she is a lesbian. Same this same concept applies to feminine men. Gender expression, how someone expresses their gender through mannerisms, clothing, hair, and overall appearance does not dictate their sexual orientation. Stereotypes are perpetuated this way. When someone identifies as transgender that does not explain their sexual orientation, a trans person may identify as heterosexual, homosexual, bisexual, asexual or any other identity. Society has some progress to make when it comes to understanding gender and getting out of the mind set that there is only two genders and what it means to identify with those genders.

There are cultures that have no difficulty integrating people who change gender roles, these cultures often holding them with high regard, such as the traditional role for 'two-spirit' people found among certain native American tribes. Two spirit people mixed gender roles by wearing and performing the work associated by both men and women. Two spirit people are said to have bodies that simultaneously host a feminine spirit and a masculine spirit, this was considered a gift. The two spirit people were held with high regard because they had been touched by the spirits more so than others and were often shermans, respected artisans and healers.

 Society could learn a little something from the native American’s about embracing our different and unique identities. Education about the spectrum of gender and sexuality would create a whole new way of thinking. If everyone in the LGBTQIA community could be open and accepted about their identity, if everyone could be open about their identities think about all the issues we could eliminate creating a better society for all of us.  

Poverty and Unemployment

       The current job market, economic inequality, limited job opportunities, and discrimination create an environment where having a full time job is the minority in the trans* community.  One out of every four trans person has a full time job and sixteen percent work part time.  Of those who actually have jobs only four percent make above $61,200, which is the median income in the bay area. Twenty two to sixty four percent of transgender people reported high unemployment rates and low earnings, less than $25,000 per year. (Badgett et al. 2007)

       Not only is there trouble in or obtaining a job, keeping a job is a whole separate issue. Seventy percent of the transgender community reports experiencing workplace harassment or discrimination directly related to their gender identity (Transgender State of California, 2009). Numbers also show that trans* people are not unqualified or undereducated because in California, ninety five percent of trans* people over the age of 25 holds a high school diploma or equivalent. Transgender Californians who responded to the survey are almost twice as likely to hold a bachelor's degree as the general California State population. (Transgender state of California, 2009). Of those who are discriminated against in a job setting whether it be harassment, termination, promotion denial, or reorganized most did not report it. Most trans* people do not know there are protections set in place. Since 2004 trans people in California are protected from discrimination and harassment in the workplace.

       Fun fact Minneapolis was the first city in the US to not allow discrimination based on gender identity and gender expression in 1975. St. Paul followed in 1990. Currently 109 cities/counties have the same laws (http://www.transgenderlaw.org/ndlaws/index.htm)

       
       A huge problem the trans community faces is no match letters. A gender no match letter is suppose to be protect your identity, when an employer checks with social security that you are who you say you are the employer will usually receive a gender no match letter, or electronic notification, still called a letter. This unfortunately creates a lot uncomfortable situations depending on how open someone is with their employer. Depending on state laws a trans person may not be able to change the gender on their social security number.

Most trans* people who cannot find jobs result to prostitution to be able to earn money.

State of Transgender California: Economic Health of Transgendered Californians. 2009. Transgender Law Center. Retrieved from http://www.transgenderlawcenter.org/pdf/StateofTransCAFINAL.pdf

Badgett, M.V. et. al. 2007. Bias in the Workplace: Consistent Evidence of Sexual Orientation and Gender Identity Discrimination. The Williams Institute, UCLA School of Law, UC Los Angeles: 1-27


* denotes transsexual transgender and gender non conforming

Homelessness and Poverty

Youth experiencing homelessness is
             the largest growing population 

A trans* person is more often then not going to experience homelessness at some point in their life. A study done in California showed 1 in 5 respondents had been homeless since they started to identify as transgender (state of transgender California, 2009). Homelessness has two major causes poverty and lack of affordable housing. While this is true in trans* communities, there are other factors in how a trans* person becomes to experience homelessness, none of these factors are that the individual did not try to get off the streets or that the individual is to blame. Most trans* individuals are hard working, have been in higher education system and are responsible people. The reasons why trans* people experience a high rate of homelessness is because of the discrimination they face, in their home, from their families, while looking for housing, while try to find employment to pay for the housing, but employment will be another blog.

Trans* people end up on the streets because even shelters discriminate. Thirty one percent of trans* people have been denied access in the California area alone (state of transgender California, 2009). When trans* people are actually granted access to shelters they are fearful of being harassed by other residents and even staff. Ultimately most trans* people leave shelters due to poor treatment or unsafe conditions. Conditions that exclude privacy like shower curtains or stalls. The other problem with shelters are the issue of placement, most shelters are segregated by two genders, male and female. Some shelters will only admit a trans* person if they have completed surgery, other shelters will ask the person to conform to your sex and live in that part of the shelter. In some youth shelters where dress codes exist wearing gender non-conforming clothing will get you punished.

It is difficult in the trans* community to get out of poverty, in our socially stratified society the trans* community is at the bottom, lacking political power and social status. It is also very easy to fall into the culture of poverty because of the discrimination the trans* community faces, a subculture that includes a lack of faith or investment in public institutions.

These issues are becoming more visible, organizations like the national center for transgender equality, are putting in systems to educate shelters. Since 2004 trans* people in California are protected from discrimination and harassment in housing. Here in Minnesota we still have some work to do, MN state law says, “Housing discrimination is illegal in Minnesota if based on race, color, religion, national origin, disability, marital status, public assistance status, familial status (having kids), sexual orientation or creed.”

To hear a personal story about trans* homelessness: www.youtube.com/watch?v=ReIcQnId7Qw 

State of Transgender California: Economic Health of Transgendered Californians. 2009. Transgender Law Center. Retrieved from http://www.transgenderlawcenter.org/pdf/StateofTransCAFINAL.pdf

* denotes transgender, transsexual and gender non-conforming