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Unjust: How the Broken Criminal Justice System Fails LGBT People

Unjust: How the Broken Criminal Justice System Fails LGBT People documents how pervasive stigma and discrimination, biased enforcement of laws, and discriminatory policing strategies mean that LGBT people are disproportionately likely to interact with law enforcement and to have their lives criminalized. LGBT people are also treated unfairly once they enter the system; the report shows how they are overrepresented in jails and prisons and face abuse while incarcerated. Finally, the report sheds light on the fact that LGBT people face unique and considerable challenges in the struggle to rebuild their lives after experiences with law enforcement—and particularly after time spent in a correctional facility.

To illustrate the real impact of these failures in the criminal justice system, the report highlights personal stories of LGBT people impacted by the criminal justice system and spotlights innovative programs, initiatives, and organizations from around the country.

Recommended citation:
Movement Advancement Project and Center for American Progress. February 2016. Unjust: How the Broken Criminal Justice System Fails LGBT People. https://www.lgbtmap.org/lgbt-criminal-justice (date of access).

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Sexual Orientation Policy Tally

The term “sexual orientation” is loosely defined as a person’s pattern of romantic or sexual attraction to people of the opposite sex or gender, the same sex or gender, or more than one sex or gender. Laws that explicitly mention sexual orientation primarily protect or harm lesbian, gay, and bisexual people. That said, transgender people who are lesbian, gay or bisexual can be affected by laws that explicitly mention sexual orientation.

Gender Identity Policy Tally

“Gender identity” is a person’s deeply-felt inner sense of being male, female, or something else or in-between. “Gender expression” refers to a person’s characteristics and behaviors such as appearance, dress, mannerisms and speech patterns that can be described as masculine, feminine, or something else. Gender identity and expression are independent of sexual orientation, and transgender people may identify as heterosexual, lesbian, gay or bisexual. Laws that explicitly mention “gender identity” or “gender identity and expression” primarily protect or harm transgender people. These laws also can apply to people who are not transgender, but whose sense of gender or manner of dress does not adhere to gender stereotypes.

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