Unjust: LGBTQ Youth Incarcerated in the Juvenile Justice System

A growing body of research lays bare the overrepresentation of lesbian, gay, bisexual, transgender, and queer (LGBTQ) youth in the juvenile justice system in the United States. As shown in the infographic on the next page, LGBTQ and gender non-conforming youth are overrepresented in juvenile detention and correctional facilities in the juvenile system: the percentage of incarcerated LGBT youth is double that of LGBTQ youth in the general population. LGBTQ youth, particularly LGBTQ youth of color, face discrimination and stigma that lead to criminalization and increased interactions with law enforcement and the criminal justice system. Family rejection, family instability, and poverty may result in homelessness or time spent in the child welfare system, where LGBTQ youth frequently face stigma and discrimination. Additionally, LGBTQ students often lack support or are over-policed at school, pushing them out of school and onto the streets.

Once on the streets, status offenses, drug laws, and laws criminalizing sex work—as well as policing strategies and discrimination by law enforcement—often target LGBTQ youth. A longitudinal study published in Pediatrics found that youth who reported identifying as LGB or having same-sex attractions were more likely to be stopped by police, to be expelled from school, or to be arrested and convicted as juveniles and adults.

For some LGBTQ youth, especially LGBTQ youth of color and transgender and non-conforming youth, these factors play a large role in increasing their interactions with law enforcement and ultimately their overrepresentation in the juvenile and criminal justice systems. Despite these forces and disproportionate contact with the juvenile and criminal justice systems, LGBTQ youth demonstrate remarkable resiliency, creating families of choice, networks for support, and often not only surviving, but thriving. In the juvenile and criminal justice systems, LGBTQ youth face bias in adjudication and mistreatment and abuse in confinement facilities. LGBTQ youth also lack supportive services when leaving the criminal and juvenile justice systems, often forcing them back into negative interactions with law enforcement.

Given that nearly 40% of incarcerated girls in identify as LGB and 85-90% of incarcerated LGBTQ youth are youth of color, it is crucial that any effort to change the way youth in the United States engage with the juvenile justice system must consider the unique experiences of LGBTQ youth. This spotlight report highlights the experiences of LGBTQ youth incarcerated in the juvenile justice system. For more about the drivers of youth incarceration for LGBTQ youth and the experiences of LGBTQ following engagement with the juvenile justice system, please visit: http://lgbtmap.org/criminal-justice-youth.

Publication Date: 
2017