Rights for LGBTQ Prisoners, by Maddy Tyma

It is clear that the LGBTQ community faces some of the most severe violence and prejudice, especially LGBTQ people of color. This has been outlined in works like “Two Spirit” or shown through stories like Mathew Sheppard’s. The queer rights movement is a long and hard process (that is not yet over) to fight for gender equality, sexual equality and more. I would argue this movement is of utmost importance because it has to do with people’s acceptance and everyday well-being. It is true that LGBTQ youth seriously contemplate suicide at three times the rate of heterosexual youth (The Trevor Project). This is significant. It is true that we have legalized gay marriage and won a few battles along the way. It is not a mystery why this movement is essential if you believe in human rights or equality at all. There are some facets that have not been addressed enough by the movement yet. When we talk about LGBTQ rights we don’t often think of LGBTQ prisoners. I would argue that it is essential to furthering the movement and it is something we cannot afford to ignore.

            LGBTQ people are incarcerated at higher rates than heterosexual and cisgender folks (The Williams Institute). If we don’t talk about incarcerated LGBTQ folk then we might miss a large number of people who need that representation. Not only are they incarcerated at higher rates but they also face more violence and discrimination within the prison system. Interestingly enough, female LGBTQ individuals are even more affected. Over 40% of female incarcerated women identify as LGBTQ (Advocate). What is interesting about this is that usually when we talk about LGBTQ prisoners we are talking about men or sex between two males. It is necessary to open up a dialogue about LGBTQ prisoners because they are often forgotten when it comes to this movement.

            Some would consider prisons as “queer spaces.” Some of those people include the authors of “Queer (In)Justice.” One reason they give that prisons are queer spaces is the separation of genders which eliminates any opportunity for heterosexual sexual activity. Because there is no opportunity for heterosexual sex some turn to what is sometimes called “situational homosexuality” which is queer in and of itself because people allows themselves to be fluid. Another reason prisons are queer spaces is that every prisoner is prohibited from having sexual activity. Now this is not always what happens in actuality but in principle it can still take a toll on a person. The denial of sexual freedom is a queer thing because often LGBTQ people are discouraged from their sexual desire and have been persecuted for it through history.

            If prisons are inherently queer spaces then rights for prisoners are an LGBTQ issue. It goes beyond the fact that prisons are queer spaces because despite this, LGBTQ people face violence and discrimination inside the prison system. In “Queer (In)Justice” the authors outline quite a few challenges that are unique to LGBTQ prisoners. First, they can face higher rates of violence. They can face both sexual and other kinds of violence. One problem with this is that if LGBTQ prisoners were to ask for help, they may not get what they need. This is because the guards or those in charge can also be culprits of this violence (transequality.org). So if LGBTQ prisoners were to ask for help they could face even more violence. They are also more likely to be impacted by policies that stigmatize or isolate inmates than other prisoners (NBC news). This includes things like solitary confinement (NBC news). Another issues is issues that Transgender prisoners face. In “Queer (In)justice they outline the fact that often Transgender prisoners are denied their meds, are forced to be put with those who fit with their sex assigned at birth and not their gender identity. About 16% of  Transgender adults have been in jail for some reason within their lifetime. That is not a small number. All of this points to the fact that if the LGBTQ movement does not address the rights of LGBTQ prisoners it is missing quite a bit.

            Because so many LGBTQ prisoners face these kinds of difficulties it is clear that we are missing something. It is true that mass incarceration is a nationwide issue that needs to be addressed. Still, some of the hardest parts of being incarcerated hit LGBTQ folk the hardest. So whether you are committed to LGBTQ rights, Rights for Prisoners or Transgender rights, it is clear that one cannot ignore LGBTQ folks in the prison system.