Intimate partner violence and HIV/STD risk among lesbian, gay, bisexual, and transgender individuals

To date, there has been little research examining HIV/STD risk among lesbian, gay, bisexual, and transgender (LGBT) individuals who are in abusive relationships. This article uses data collected from a community-based organization that provides counseling for LGBT victims of intimate partner violence (IPV). A total of 58 clients completed the survey, which inquired as to sexual violence and difficulties negotiating safer sex with their abusive partners. A large percentage of participants reported being forced by their partners to have sex (41%). Many stated that they felt unsafe to ask their abusive partners to use safer sex protection or that they feared their partners' response to safer sex (28%). In addition, many participants experienced sexual (19%), physical (21%), and/or verbal abuse (32%) as a direct consequence of asking their partner to use safer sex protection. Training counselors on issues of sexuality and safer sex will benefit victims of IPV.     

WHAT'S GOOD FOR THE GAYS IS GOOD FOR THE GANDER: MAKING HOMELESS YOUTH HOUSING SAFER FOR LESBIAN,GAY, BISEXUAL,AND TRANSGENDER YOUTH

Across the United States, lesbian, gay, bisexual, and transgender (LGBT) youth are grossly overrepresented in the homeless youth population. These youth are at an increased risk of being victims of violence in homeless youth housing facilities. This Note examines the causes of the overrepresentation of LGBT youth in the homeless youth population. Additionally, this Note suggests the following changes to the regulation of homeless youth housing programs to make them safer for these youth: (1) placing low maximum limits on the occupancy capacity at which these programs may operate, (2) requiring that all showering facilities provide individual privacy, (3) prohibiting anti‐LGBT discrimination in the provision of services, (4) requiring nondiscrimination and sensitivity training, and (5) promoting the creation of LGBT‐specific homeless youth housing programs.     

Sexual Orientation,Gender Identity,and Adoption Law

The legal landscape surrounding adoption by lesbian, gay, bisexual, transgender, or questioning/queer (LGBTQ) parents continues to be dynamic and variable across the United States, yet the topic is generally viewed favorably by Americans and increasing numbers of LGBTQ adults are becoming adoptive parents. In this essay, we explore intersections of sexual orientation, gender identity, and adoption law. We discuss connections between parenting (including adoption) and marriage rights, highlight the influence of varying legal contexts and discrimination for LGBTQ adults who pursue adoption (including case examples from Florida after the gay adoption ban was lifted), and incorporating the perspectives of adoption‐agency personnel working with LGBTQ clients.     

“We’re Not Like These Weird Feather Boa-Covered AIDS-Spreading Monsters”: How LGBT Young People and Service Providers Think Riskiness Informs LGBT Youth–Police Interactions

Research has suggested that lesbian, gay, bisexual and transgender (LGBT) young people are “at-risk” of victimization and/or legally “risky.” Relatively few studies have examined the social construction of risk in “risk factor” research and whether risk as a concept influences the everyday lives of LGBT young people. This article reports how 35 LGBT young people and seven service provider staff in Brisbane, Queensland, Australia perceived LGBT youth–police interactions as reflecting discourses about LGBT riskiness and danger. The participants specifically note how they thought looking at-risk and/or looking risky informed their policing experiences. The article concludes with recommendations for improving future policing practice.     

(When) Are Rights Wrong? Rights Discourses and Indeterminacy in Gay and Lesbian Parents’Custody Cases

This paper examines the paradoxical and problematic position of rights discourses in lesbian, gay, bisexual, and transgender (LGBT) parents'custody and adoption cases. In it, I analyze the ways in which different types of rights are framed by the litigants and, alternatively, by the judges, as well as how the same constitutional rights (e.g., the right to privacy) are often deployed both in defense of and in opposition to gay /lesbian parents. An in-depth analysis of judicial decisions over a 50-year period and interviews with key family law players reveal the indeterminacy and therefore complexity of rights as a strategy and a discourse in the family law context. Consistent throughout this analysis are the problematic intersection of the collective and the individual in rights-based claims, and evidence of the distinct nature of LGBT rights claims as revolutionary in both their bases and their implications. The analysis confirms in some ways, but also contradicts and complicates many assertions of the "rights critique" of the past two decades. It also suggests a more complex and less dichotomous relationship between rights, status, and contract.     

Law and Family Formation Among LGBQ‐Parent Families

This article addresses how the law affects family formation among families with lesbian, gay, bisexual, and queer (LGBQ) parents in the United States. Our discussion draws on a socio‐legal approach to law that focuses not only on the law on the books (what we refer to as “legal barriers”) but also on issues like how the law is practiced, how people experience the law in everyday life, and how the law serves as an interpretive framework through which people understand themselves and their families (what we refer to as “social barriers”). In our review, we highlight how attorneys can play a role in valuing and advancing rights for LGBQ‐parent families and LGBTQ prospective parents.     

State-Level Determinants of Hate Crime Reporting: Examining the Impact of Structural and Social Movement Influences

In this article, we investigate factors affecting hate crime policies by examining anti-LGBT (lesbian, gay, bisexual, transgender) hate crime reports as a type of policy implementation. Analyzing state-level data drawn primarily from the US Census between 1995 and 2008, we examine how structural and social movement mobilization factors explain hate crime reporting. We find that anti-LGBT hate crimes are more likely to be reported in more urbanized states and in states with both split political elites and a greater number of LGBT social movement organizations. We discuss the implications of our findings for separating the drivers of policy passage from policy implementation and for complementary criminological and social movement explanations for hate crime reporting.     

Perceptions of the Police by LGBT Communities

The purpose of this study is to explore how lesbian, gay, bisexual, and transgender (LGBT) communities perceive the police. Historically, relationships between LGBT communities and the police have been strained due to a legacy of discriminatory actions, although some police agencies have more recently taken steps to build relationships with LGBT communities. A survey was administered to a sample of LGBT and heterosexual respondents (n = 787) to measure perceptions regarding police fairness, policing qualities, policing outcomes, and police interactions with LGBT communities. Across a number of measures and scales, the perceptions of LGBT participants were significantly more negative than those of other participants, including when the variables of race, income, location type (e.g., rural, small town, suburban, urban), prior service as a police officer, and quality of prior interactions with the police, are controlled in multivariate modeling. Implications for police training and policy are discussed, as well as theoretical contexts that frame the results.     

The Practice of Law With LGBT‐Parent Families

In this article, I examine how a history of legal conflict has produced a constantly evolving professional identity for lawyers representing lesbian/gay/bisexual/transgender (LGBT) clients on family matters. Drawing on in‐depth interviews with 21 lawyers, I describe variation across areas of specialization, advertising, clientele, and access to professional networks. In addition, I focus on how sociopolitical and legal context shapes professional identity and practice for these lawyers, demonstrating the importance of practice location for this group of lawyers. Although interviews were conducted prior to national marriage recognition, these findings provide insight into the future development of the LGBT family law profession post‐Obergefell.     

Resisting Hate Crime Discourse: Queer and Intersectional Challenges to Neoliberal Hate Crime Laws

Hate crime laws have reinforced neoliberalism by expanding police and prosecutorial power, adding to the rapid expansion of incarcerated populations. Further, hate crime discourse associates anti-queer violence with notions of “stranger danger,” and thereby reproduces problematic race and social class politics in which an innocent, implicitly middle-class, person is suddenly and randomly attacked by a hateful, implicitly low-income, person. Thus, the author argues that queer and intersectional resistance should reject hate crime discourse and, instead, focus on the experiences of marginalized lesbian, gay, bisexual, and transgender (LGBT) people. By doing so, scholarship and activism concerned with reducing anti-queer violence can benefit a wide range of LGBT people without reinforcing inequalities based on race and social class.     

Policing Race,Gender, and Sex: A Review of Law Enforcement Policies

Growing attention to the unique ways in which women of color’s bodies are racially profiled and policed has prompted questions concerning gender-specific impacts of law enforcement practices. Arrest statistics, patterns of enforcement, and high-profile cases of police violence against Black women and other women of color suggest that gaps in policy and implementation will disproportionately affect women of color. In the current research, the policies of 36 police departments across the country were examined to ascertain the degree to which they address profiling, police sexual misconduct, and other gendered experiences of policing. The findings reveal considerable divergence in attention to regulating police behavior in the context of interactions with women and lesbian, gay, bisexual, and transgender (LGBT) people, exposing important gaps in police policies, and highlight a need for further research and action specifically focused on intersectional factors at play in the context of policing women’s bodies.     

Legal Consciousness in Marginalized Groups: The Case of LGBT People

Studies of legal consciousness have flourished over the last few decades, but these studies and the very concept of legal consciousness have recently come under critique. This article uses the case of studies of the legal consciousness of lesbian, gay, bisexual, and transgender (LGBT) people to demonstrate that legal consciousness has been a valuable conceptual tool for exploring experiences of sociolegal marginalization. Research on LGBT people advances the study of legal consciousness without sacrificing a critical stance or reading lack of overt resistance as evidence of law's hegemonic power. Consideration of this research highlights that focusing on marginalized populations is a way to retain a critical edge in legal consciousness research. Future research should include more exploration of the relationship between marginalization and legal consciousness, further theoretical elaboration of the forms and conditions of resistance to law, and greater attention to how social interactions and institutions produce legal consciousness.     

Intimate violence among underrepresented groups on a college campus

Rape, sexual violence, psychological violence, and physical violence, among college students have been a concern. Lifetime events are often studied but not violence that specifically transpires while one is in college. Underrepresented groups such as Deaf and Hard of Hearing students, students who are gay, lesbian, and bisexual, and students who are members of racial and ethnic minorities have not been studied as extensively as White, heterosexual females. The authors used several measures to investigate the incidence of sexual violence, physical and psychological abuse among underrepresented groups in a random sample of 1,028 college students at a private, northeastern, technological campus in upstate New York, United States and analyzed victimization rates by gender, race/ethnicity, auditory status, and sexual orientation. Binary logistic regression analyses found that statistically significant differences are likely to exist between members of underrepresented groups and groups in the majority. The study found statistically significant associations between Deaf and Hard of Hearing students and students who were gay, lesbian, bisexual, or other sexual orientation with psychological abuse and physical abuse. Racial and ethnic minorities and gay, lesbian, bisexual, and other sexual orientation students were significantly more at risk for sexual abuse. Gay, lesbian, bisexual, and other sexual orientation students, students who were members of a racial or ethnic minority, and female students were significantly more likely to be raped. Female heterosexual students were more likely to be the victim of an attempted rape. Suggestions for further research and policy implications are provided.     

Revisiting gender issues: continuing police reform

This paper will discuss continuing police reform and gender issues and how the organizational culture can be moved from misogynist to inclusive. In addition, it will discuss how the community policing philosophy has caused special populations, (gay, lesbian, bisexual, and transgender), who under the professional model were often marginalized, can be dealt with in a manner devoid of bias or prejudice. The role of police women in the twenty-first century will also be discussed in relation to the feminist writers’ perspective as the police accept that their role has a duty of care and is not solely about crime fighting.     

Mental health in violent crime victims: Does sexual orientation matter?

The present study investigates victim sexual orientation in a sample of 641 violent crime victims seeking emergency medical treatment at a public-sector hospital. Victim sexual orientation was examined as it: (a) varies by type of violent crime and demographic characteristics, (b) directly relates to psychological symptoms, and (c) moderates the relationship between victim and crime characteristics (i.e., victim gender, victim trauma history, and type of crime) and psychological symptoms (i.e., symptoms of acute stress, depression, panic, and general anxiety). Results showed that lesbian, gay, bisexual, and transgender (LGBT) victims were more likely to be victims of sexual assault. Heterosexual victims were more likely to be victims of general assault and shootings. LGBT victims demonstrated significantly higher levels of acute stress and general anxiety. Moreover, victim sexual orientation moderated the association of type of crime with experience of panic symptoms. Also, victim sexual orientation moderated the relation of victim trauma history and general anxiety symptoms. Results are discussed in relation to victimization prevalence rates, sexual prejudice theory, and assessment and treatment of violent crime victims.     

Uncovering: The Economic Benefits of LGBT Workplace Inclusion

Lesbian, gay, bisexual, and transgender (LGBT) people constitute approximately five percent of the population, but workplace discrimination based on sexual orientation and gender identity remains troublingly commonplace. This article summarizes a large and growing body of social science research demonstrating the economic benefits of LGBT inclusion (and the costs of LGBT exclusion) in the workplace. It concludes with recommendations for (1) future research, stressing the need for more China-specific studies, which would inform policymaking and theoretical understanding of diversity and inclusion practices on business performance, (2) improving employer LGBT-inclusion policies, and (3) strengthening state protection of the equal employment rights of LGBT people.     

Redressing supremacy: challenging traditional notions of standing in the Commonwealth Caribbean Bills of Rights

The standing requirements under the Constitutions of the Commonwealth Caribbean require an applicant to allege a contravention of the Bills of Rights ‘in relation to him’, so he must be personally affected. This would exclude lesbian, gay, bisexual, transgender and intersex organisations from initiating constitutional challenges for which legal challenge by personally affected individuals are unlikely. This article will explore the scope of the supreme law clause in these constitutions, which provide that the constitution is the supreme law and any law inconsistent with it is void to the extent of its inconsistency, as an interpretative tool for the standing requirement and as a standalone redress clause.     

The last acceptable prejudice: an overview of LGBT social and criminal injustice issues within the USA

The intolerance of, and discrimination against, gays and lesbians is not a new concept. Yet, as many parts of the world have begun to socially and legally recognize gay rights, in many ways, the USA has lagged behind. An overview of past and present lesbian, gay, bisexual, and transgender social and criminal justice within the USA are presented. Also, specific recommendations are made for the future in an effort to put an end to this last acceptable prejudice.     

WHAT MAKES A FAMILY?

This note analyzes the issue of gay and lesbian adoption. Although such adoptions are becoming more accepted in the United States, there remain a few states—Florida, Mississippi, and Utah—that have banned gay and lesbian adoptions. This note will propose new legislative language for adoption laws in conservative states.