The Unfair Criminalization of Gay and Transgender Youth

An Overview of the Experiences of LGBT Youth in the Juvenile Justice System of the USA

SOURCE: AP/Paul Sancya

Two boys hold hands at the Ruth Ellis Center, a drop-in shelter for LGBT – lesbian, gay, bisexual or transgender youth in Detroit, Michigan.

By Jerome Hunt and Aisha C. Moodie-Mills | June 29, 2012

Download this brief (pdf)

Gay, transgender, and gender nonconforming youth are significantly over-represented in the juvenile justice system—approximately 300,000 gay and transgender youth are arrested and/or detained each year, of which more than 60 percent are black or Latino. Though gay and transgender youth represent just 5 percent to 7 percent of the nation’s overall youth population, they compose 13 percent to 15 percent of those currently in the juvenile justice system.

These high rates of involvement in the juvenile justice system are a result of gay and transgender youth abandonment by their families and communities, and victimization in their schools—sad realities that place this group of young people at a heightened risk of entering the school-to-prison pipeline.

Despite the disproportionately high rates of gay and transgender youth entering the juvenile justice system, our nation’s schools, law enforcement officers, district attorneys, judges, and juvenile defenders are not equipped to manage the unique experiences and challenges that these young people face. As a consequence, the system often does more harm by unfairly criminalizing these youth—imposing harsh school sanctions, labeling them as sex offenders, or detaining them for minor offenses—in addition to subjecting them to discriminatory and harmful treatment that deprives them of their basic civil rights.

Angela Irvine of the National Council on Crime and Delinquency in conjunction with the Equity Project, which works to ensure gay and transgender youth in the juvenile justice system are treated with fairness and respect, have both generated groundbreaking research on the experiences of these youth in the system over the past few years. This issue brief offers a high-level summary of some of their findings, as well as others, to explain the disproportionate pipelining of gay and transgender youth into the juvenile justice system, the bias and discrimination they face once within the system, and the steps that the federal government and state and local juvenile courts can take to ensure that gay and transgender youth are treated with dignity and respect.

Why gay and transgender youth end up in the juvenile justice system

Family rejection, homelessness, and failed safety nets

Research shows that gay and transgender youth entering into the juvenile justice system are twice as likely to have experienced family conflict, child abuse, and homelessness as other youth. This trend is partly due to the fact that youth today “come out” at younger ages, often to families that may not accept gay and transgender people. Since these youth still depend on their families to meet their material needs, family rejection can leave them emotionally and physically vulnerable, particularly if they find themselves cast onto the streets with nowhere to turn for support.

Many gay and transgender youth leave their homes of their own accord to escape the conflict and emotional or physical abuse that can ensue—26 percent report leaving their homes at some point—but more often, they are pushed out and into the juvenile justice system by their own families.

Interfamily conflicts stemming from parents’ refusal to accept a child’s sexual orientation or gender identity often result in the first contact these young people have with the justice system. According to the Equity Project, prosecutors frequently file charges against these youth for being “incorrigible” or beyond the control of their parents or guardians, based largely on the parent’s objections to their sexual orientation. This practice unfairly criminalizes gay and transgender youth because of their identity rather than because of their behavior.

Further, family discord that casts these youth from their homes can send them cascading through social safety nets not adequately equipped to support them. Programs designed to keep children and youth off the streets, such as foster care, health centers, and other youth-serving institutions, are often ill-prepared or unsafe for gay and transgender youth due to institutional prejudice, lack of provider and foster-parent training, and discrimination against gay and transgender youth by adults and peers.As a result, many youth run away from these placements, actions that could also land them in the custody of the juvenile justice system.

Gay and transgender youth who flee hostility and abuse at home and in temporary placements are most likely to end up homeless, which is the greatest predictor of involvement with the juvenile justice system. Gay and transgender youth represent up to 40 percent of the homeless youth population even though they only compose 5 percent to 7 percent of the youth population overall, and 39 percent of homeless gay and transgender youth report being involved in the juvenile justice system at some level.

Out of despair and a need for survival, homeless gay and transgender youth are more likely to resort to criminal behaviors, such as drug sales, theft, or “survival sex,” which put them at risk of arrest and detainment. These youth are also at an increased risk of detainment for committing crimes related to homelessness, such as violating youth curfew laws and sleeping in public spaces.

Family rejection, which sets off a tragic chain of events for many gay and transgender youth, is at the core of these issues. Caitlin Ryan of the Family Acceptance Project at San Francisco State University, whose research has brought to light the negative impacts that family rejection can have on gay and transgender youth, emphasizes the need to provide opportunities to help support and strengthen families in order to promote nurturing environments for gay and transgender children. Early intervention can help families and caregivers reduce the risk of these youth entering the juvenile justice system. It is important that law enforcement officials, district attorneys, judges, and juvenile defenders seek ways to keep gay and transgender youth and their families together, rather than pushing for incarceration.

Biased school discipline policies

Unfortunately, schools do not always provide a reprieve for youth experiencing family rejection. According to the Gay Lesbian and Straight Education Network’s School Climate Survey, 84 percent of gay and transgender students report being verbally harassed, 40 percent physically harassed, and 19 percent physically assaulted.

What’s more, gay and transgender students report astonishingly low levels of confidence in their school administrators and often do not report incidents because they expect the situation will not improve or fear it might even become worse. This is not surprising considering that one-third of bullied gay and transgender students who reported bullying to school officials said the administrators did nothing to address the issue.

In fact, school officials in many ways exacerbate these problems and place further stress and burden on gay and transgender youth by disproportionately doling out harsh school sanctions against them for minor disciplinary infractions. The school and juvenile justice systems have become inextricably linked in recent years with schools relying heavily on law enforcement to manage what in the past were school discipline issues. The consequence of this conflated discipline system is that it unduly criminalizes youth of color and gay and transgender youth.

School discipline policies across the United States are under heightened scrutiny because of the disparate impact they have on youth of color, particularly black boys. Data released this spring from the U.S. Department of Education’s Office of Civil Rights show that harsh school sanctions—such as zero-tolerance policies, which lead to suspensions and expulsions of students for even the most minor offenses—perpetuate a school-to-prison pipeline that disproportionately criminalizes youth of color.

Hidden among these school discipline data are thousands of gay and transgender youth who bear a double burden of disparate impact. A groundbreaking study published in 2010 in the medical journal Pediatrics revealed that gay and transgender youth, particularly gender nonconforming girls, are up to three times more likely to experience harsh disciplinary treatment by school administrators than their heterosexual counterparts.

As with the racial disparities in school suspensions and expulsions, these higher rates of punishment do not correlate to higher rates of misbehavior among gay and transgender youth. What the research suggests is that gay and transgender youth actually face harsher sanctions by school administrators even when committing similar offenses.

Surely bias and discrimination among teachers, staff, and administrators contributes to the unfair treatment of gay and transgender youth in schools. Adults in schools often draw assumptions of guilt based on a student’s physical characteristics, demeanor, dress, or mannerisms, deeming those deviating from an accepted gender norm to be agitators. Such assumptions are not only misguided, but biased against gay and transgender students who do not fall within rigid stereotypes of expression.

Moreover, studies reveal that gay and transgender youth are often the victims, rather than the aggressors in school conflicts, which stem from bullying and harassment. Consider, for example, a gender nonconforming girl exhibiting masculine traits, who is disciplined for fighting but may be defending herself from peers’ taunts. Yet more often than not, school administrators will consider her the aggressor based solely on her physical demeanor and will suspend or expel her despite the defensive nature of her actions.

For many students, suspension and expulsion are the first steps toward time behind bars. This is equally true for gay and transgender youth. Black boys and gender nonconforming girls similarly experience disproportionately harsh punishments and juvenile justice system referrals in schools, but the latter are rendered all but invisible because sexual orientation and gender identity are not included in the federal school discipline data cited earlier in this report. A first step in addressing the unfair punishment of gay and transgender youth in schools is to expand the research and collection of school discipline data to include gay and transgender youth, which will help policymakers and practitioners alike better understand the problem and formulate more supportive school discipline policies.

Unfair criminalization by the system

Once in the juvenile justice system, gay and transgender youth are too often denied basic civil rights, wrongly categorized as sexually deviant simply because of their sexual orientation, gender identity, or gender nonconformity, and even labeled as sex offenders. They are also subjected to the biases and discrimination of law enforcement agents, judges, and other justice system officials that leave them vulnerable to abuse and neglect.

Classification as sex offenders

Gay and transgender youth who end up in the justice system are at-risk of being labeled as sex offenders, regardless of whether they have actually committed a sexual crime. Gay and transgender youth “are more likely to be prosecuted for age-appropriate consensual sexual activity” than their heterosexual counterparts—a lopsided application of the law, which has devastating consequences for gay and transgender youth who would be required to register as a sex offenders in 29 states if convicted. The stigma of being a registered sex offender could haunt them for the rest of their lives, negatively impacting their future employment and life opportunities and causing significant psychological distress.

Many gay and transgender youth charged with nonsexual offenses are also unfairly treated as sex offenders and ordered by the court to undergo sex offender treatment programs or sex offense risk assessments simply because of their sexual orientation or gender identity. This misguided categorization by the courts has led gay and transgender youth, innocent of violent crimes or sex offenses, to be placed in restrictive punitive settings for high-risk youth and to be given longer stays in out-of-home placements.

These restrictive settings not only hinder rehabilitation efforts, they perpetuate the stigma that being gay or transgender is wrong. Additionally, extended stays in out-of-home placements prevent gay and transgender youth from reconnecting with their families, a critical step proven to stabilize their lives and reduce their risk of returning to the system. These unfair practices make gay and transgender youth susceptible to discrimination and harmful treatment while in the system.

Detention as a default

In most incidences juveniles who have been arrested or detained will only be released from custody under the supervision of a parent or guardian. Without someone to claim them, youth can be left to languish in detention centers with youth convicted of crimes, even if they have not been. Gay and transgender youth are most at-risk of detainment by default by the juvenile justice system as they are more likely to be estranged from their families and lack parental support, which leaves them to fend for themselves. As a consequence, these youth are subjected to criminal incarceration while they await foster or group home placements.

Discriminatory and harmful treatment

Segregation and isolation of gay and transgender youth

From the moment gay and transgender youth enter a detention facility they are at risk of being inappropriately classified and housed. Transgender youth, for example, are often placed according to their birth sex rather than by their gender identity in an effort to force transgender youth to conform to societal norms. Doing so can be psychologically devastating and leave them vulnerable to physical and sexual abuse. Additionally, youth facility staff often view them as threatening or sexually predatory, harmful stereotypes that taint placement decisions and influence the treatment of transgender youth.

Some facilities will automatically segregate gay and transgender youth or place them in solitary confinement for their “own safety,” but this isolation perpetuates the stigmatization of gay and transgender youth, casts them as sexually deviant, and signals that they might be of threat to other youth.

According to the American Psychiatric Association, isolation “is a form of punishment and is likely to produce lasting psychiatric symptoms.” Unwarranted segregation deprives gay and transgender youth of educational, recreational, and programming opportunities that they are otherwise entitled to receive, punishing them unfairly and at a particularly vulnerable time in their adolescent development.

Physical, sexual, and emotional abuse

A 2007 study funded by the California Department of Corrections and Rehabilitation found an astounding 67 percent of gay or transgender men have been sexually assaulted by another inmate—a rate 15 times higher than the overall inmate population. Another study found that sexual assaults that occur are not just isolated events, but that 30 percent of all inmates have endured six or more sexual assaults.

Gay and transgender youth are particularly at risk for physical, sexual, and emotional abuse while in detention, by both staff and other youth. Eighty percent of those surveyed by the Equity Project believed a lack of safety in dentition was a serious problem. Some reports suggest that staff have turned a blind eye to incidents of rape and abuse against gay and transgender youth, confusing gay and transgender identity as an invitation for sex. Gay and transgender youth are not only subjected to abuse by their peers but by staff as well, particularly in the facilities that lack training and policies that promote inclusiveness and rely on biases rather than on best practices in treatment and placement decisions. This type of environment allows physical, sexual, and emotional abuse toward gay and transgender youth to happen without so much as a second thought and leaves them with nowhere to turn for help.

Unsafe reparative or conversion therapy

Gay and transgender youth have been subjected to reparative or conversion therapy to change their sexual orientation by both social workers and the courts, even though so-called reparative or conversion therapy has been condemned by every major health organization, including the American Medical Association, American Psychological Association, and the American Academy of Child and Adolescent Psychiatry.

Sadly, the juvenile justice system is rife with examples of misguided interventions. One judge hospitalized a gay youth to stop his same-sex attraction, while another judge with the parent’s approval, had a young lesbian who was caught in a sexual act with another girl placed in a private hospital to be “treated and diagnosed for this behavior.” These examples may be the extreme, but instances such as a 15-year-old boy being given a women’s lingerie catalogue with the purpose of teaching him “appropriate” sexual desires and a male-to-female transgender youth, who was detained in a boy’s facility, being placed on “treatment plan” to “help with gender confusion and appropriate gender identity,” are more common examples of unsafe reparative therapy.

The inclination to change a youth’s sexual orientation or gender identity or force him or her to conform to “social norms” hinders general mental health and causes severe psychological distress. This type of “counseling and other services are virtually worthless [for gay and transgender youth] because they either ignore or criminalize the youth’s sexuality.”

Conclusion and recommendations

Gay and transgender youth are pipelined into the juvenile justice system at disproportionate rates, often stripped of their basic dignity and civil rights, and treated in a harmful and discriminatory manner once in the system. The current policies and practices of schools and the juvenile justice system overlook gay and transgender youth and perpetuate stigma and bias that can lead to their unwarranted criminalization and unfair treatment.

Some of the issues discussed in this report stem from the lack of cultural competency on the part of school officials, law enforcement officers, district attorneys, judges, and juvenile defenders. The individuals who interface directly with these youth must be better equipped to provide respectful, culturally appropriate interventions in order to reduce the number of gay and transgender youth unfairly and unnecessarily pipelined into the juvenile justice system and to improve conditions for them once in the system. A first step toward improving the system will be to institute training standards across the board for all agents of the court.

Moreover, institutional bias is at the heart of the mistreatment of gay and transgender youth by schools and the juvenile justice system, and we recommend broad policy suggestions to address them. The following recommendations are adopted in part from the National Juvenile Justice and Delinquency Prevention Council and the Equity Project. These recommendations are by no means the only recommendations for improvement, but instead offer a start to address the serious issue of the criminalization of gay and transgender youth.

Practical recommendations

  • Promotion of family center interventions

Family rejection drives many gay and transgender youth from their homes and perpetuates negative coping behaviors and unlawful activities, heightening risk of entering the juvenile justice system. Gay and transgender youth who feel a sense of family acceptance report better physical, mental, and educational outcomes all around. Yet families have largely been left out of the equation on reform. Interventions that reconnect youth with their families will reduce their susceptibility to involvement with the juvenile justice system. Moreover, schools and juvenile detention systems should engage in more supportive behaviors that reduce risk and promote the positive development of gay and transgender youth in custodial care.

  • Gay and transgender inclusive training for all juvenile justice professionals

“Juvenile justice professionals must receive training and resources regarding the unique societal, familial, and developmental challenges confronting [gay and transgender] youth … [T]rainings must be designed to address the specific professional responsibilities of the audience (i.e., judges, defense attorneys, prosecutors, probation officers, and detention staff).” Furthermore, these professionals must ensure that they and others treat gay and transgender youth with dignity, respect, and fairness and avoid ridiculing or attempting to change their sexual orientation or gender identity.

  • Development of gay and transgender inclusive policies, procedures, and programs

All agencies involved with juvenile justice and all officers of the juvenile court should develop, adopt, and enforce polices that prohibit discrimination and mistreatment of any youth on the basis of their actual or perceived sexual orientation or gender identity at all stages of the process. Juvenile justice professionals should develop appropriate responses to the behavior of each gay and transgender youth that are tailored to address specific needs and to promote individual well-being by allowing gay and transgender youth to express themselves freely. This would include giving them the choice of name, clothing, hairstyle, or any other means by which they feel comfortable expressing themselves.

  • Gay and transgender inclusive data collection by the Office of Juvenile Justice and Delinquency Prevention

Many states and localities are unable to achieve meaningful changes to their juvenile justice systems because the lack adequate data. Therefore, the U.S. Department of Justice’s Office of Juvenile Justice and Delinquency Prevention should prioritize data collection that is disaggregated not only by race, ethnicity, and gender, but also by sexual orientation and gender identity. Through this type of robust data collection, communities will be better able to develop services that are culturally and linguistically appropriate for youth and their families, especially for gay and transgender youth.

Policy recommendations

  • Dismantle the school-to-prison pipeline for all youth and for gay and transgender youth in particular

As previously noted, gay and transgender youth are disproportionately pipelined into the juvenile justice system by their schools. Yet little data are available to quantify the problem and address it effectively. We can address this by including sexual orientation and gender identity questions in the Department of Education’s school discipline data collection efforts. In addition, it is important that the Supportive School Discipline Initiative, a joint effort between the Department of Education and the Department of Justice aiming to dismantle the school-to-prison pipeline and currently focusing on race, provide guidance to school systems that bridges the gap for all youth, including those who are gay or transgender.

  • Pass the Safe Schools Improvement Act and the Student Nondiscrimination Act

The federal Student Nondiscrimination Act would prohibit discrimination on the basis of gender identity and sexual orientation against any student in a public school that receives federal funding and would allow individuals to take legal action and be awarded compensatory damages and reimbursement of court costs if judgment is found in their favor under the bill’s provisions. The Safe Schools Improvement Act would require kindergarten-through-12th-grade public schools that receive federal funding to implement policies prohibiting harassment and bullying based on gender identity and sexual orientation. The bill would also require states to report harassment and bullying data to the U.S. Department of Education. Passage of these two pieces of legislation by Congress would help ensure that gay and transgender students do not end up in the juvenile justice system for protecting themselves against discrimination they face on a daily basis at school.

  • Gay and transgender cultural competence in Safe Schools/Healthy Students

The Department of Education’s Safe Schools/Healthy Students program is widely recognized as a model of “effective collaboration across public education, local mental health, and juvenile justice.” Therefore the evaluations of the Safe Schools/Healthy Students program should be inclusive of gay and transgender students needs, including cultural competency training for those who work in the juvenile justice system. Increased training focused on the needs of gay and transgender youth will help decrease arrest rates and referrals of these youth to the juvenile justice system. Currently, law enforcement is 50 percent more likely to stop gay youth than other youth, according to a recent study in the medical journal Pediatrics. Additionally, “girls who identified themselves as lesbians or bisexual reported twice as many arrests and convictions as other girls who had engaged in similar behavior.” Gay and transgender youth in general experience high rates of school violence, which not only interferes with their ability to learn but also can affect their involvement with the juvenile justice system.

  • Amend the Sex Offender Registration and Notification Act

Congress should amend the Sex Offender Registration and Notification Act, or SORNA, to exclude youth who are convicted of certain sex-based offenses from mandatory sex offender registration. The way the U.S. Department of Justice’s SORNA program is currently set up can disrupt families because both the youth who has to register is stigmatized and the entire family. More importantly, SORNA can have lasting effects on a youth’s identification and treatment. A parent, for example, may delay getting his or her child needed treatment and even go as far as hiding the child’s problem after discovering that the child may have to register as a sex offender for life. Thus, amending this law can help to alleviate the criminalization that is part and parcel of a gay or transgender youth being labeled as a sex offender.

  • Reauthorization of the Juvenile Justice and Delinquency Prevention Act

The Juvenile Justice and Delinquency Prevention Act has not been reauthorized since 2002 and is in need of substantive changes to ensure that youth are put on a better path and that our communities are kept safe. In particular, the act should be reauthorized to include three key items that will help gay and transgender youth in the system. The first is to strengthen the Disproportionate Minority Contact core protections “by requiring states to take concrete steps to reduce racial and ethnic disparities in the juvenile justice system,” rather than just issuing vague requirements with no clear guidance on how to reduce these disparities.

Second, the partnership between states and the Office of Juvenile Justice and Delinquency Prevention should expand training, technical assistance, and research and evaluation to include of gay and transgender needs and issues.

Third, incentives for the juvenile justice system to ensure that all policies, practices, and programs recognize the unique needs of gay and transgender youth, including accountability measures, expertise on the Juvenile Justice and Delinquency Prevention Act advisory groups, and increased research and information dissemination should be created.

  • Passage of federal legislation prohibiting gay and transgender discrimination in the juvenile justice system

As this brief has shown, the juvenile justice system holds a disproportionally large number of gay and transgender youth, who experience high rates of discrimination and violence. Passage of federal protections that would ensure equality and the end of discrimination against gay and transgender youth is universal and should not be legislated on a state-by-state basis. Therefore, “Congress should pass federal protections against discrimination in all settings based on actual or perceived sexual orientation or gender identity and create incentives for States to appropriately and effectively respond to [gay and transgender] youth involved in the justice system.”

Jerome Hunt is a Research Associate for LGBT Progress at American Progress and Aisha C. Moodie-Mills is the Advisor for LGBT Policy & Racial Justice at American Progress.

Letters to My Brother

Letters to My Brother

When 18-year-old Tyler Clementi jumped to his death from the George Washington Bridge in September 2010, he became an overnight symbol of the fight against cyber-bullying and homophobia. Here, his older brother reclaims his memory from the headlines and pays tribute to his abbreviated life.

Tyler (left) and James Clementi / Photo courtesy James Clementi

I ’m not sure when I first realized my younger brother was gay. I think I knew he was for as long as I knew I was. I had no idea how to bring it up; it was just something we left dangling in the air, unsaid. I was open about my sexuality with friends, but around my family there was this barrier that felt unbreakable. It slowly dawned on me that I wasn’t the only one, that I had a brother who was also gay — my baby brother, whom I had always felt protective and paternal toward. I knew I was in a position to be a confidant, a role model. But I wasn’t ready to do any of that. It would have made it much less lonely for me to grow up with an older brother who had gone through and understood everything I was dealing with — and I wanted to be that for Tyler. I didn’t start to come out to the people in my life until I was in my early twenties, so I always thought Tyler would follow the same timeline and we wouldn’t need to address the rainbow-colored elephant for a few more years. I was terrified to talk to him, accustomed to secrecy and scared I would make everything worse somehow.

The summer after Tyler graduated from high school we made plans to see Toy Story 3 together, and I looked up the schedule online. I walked into his room without knocking to ask what times would work for him, and there was that awkward moment where he realized that I was standing behind him. I realized my little brother was looking at gay porn. Caught off guard, I acted like I hadn’t seen it, and I think he was initially relieved. But from this moment, there was a growing anxiety, an urgent pull from inside myself that was compelling me to talk to him, and I knew it was time — probably way past time. I gave myself a day to stress out over the right words, the best place, the perfect time. And then I just did it.

SLIDESHOW: FAMILY SNAPSHOTS OF THE BROTHERS TOGETHER

It was the Fourth of July. We had spent the day at the movies, the diner, the fireworks. So many opportunities, and I kept chickening out. That night, I found him in the house listening to Katy Perry, and I saw that, if I couldn’t do this now, something was really wrong with me. I overthought it — because it ended up being this simple.

Me: “I’m gay.” Tyler: “Oh. Me too.”

 

It was great because we had always known, but now we could talk about it. I saw so much relief and genuine happiness in his face. It felt like the beginning. We talked for hours about sex, relationships, bars, fake IDs, homophobia, everything that had been off-limits before. I was really taken aback by how assured and poised he was, how much better he understood himself and his desires than I did at 18. It was startling, but it also fit with my sense of him as a young man, still figuring it out but grounded in his own worth and value.

Two months later, he left to start his first semester at Rutgers. I think he left excited to grow up, to live life. I was looking forward to the days ahead and the years of brotherhood still to come.

Pipsqueak,
You were one noisy kid. I remember walking inside and the most beautiful sounds of Tchaikovsky and Mozart would waft through every room. And I hated it.

Remember how I used to bang on your door and scream at you to stop being so loud? It was so unfair that I had to listen to your noise all the time — why couldn’t you just pick up a quieter hobby!? I would refuse to attend your recitals and concerts because I had to listen to you play all the damn time at home. Wow, do I regret that.

It is so quiet now. You were really talented; it was a gift. I’m not sure I ever told you that… maybe you didn’t care. It’s not like you needed my validation; I know nothing about classical music and you knew you were the shit when it came to that damn violin. I just feel really bad for not telling you how awesome you are, how much I respect your skills and dedication. I regret not listening to every note with open ears, not going to more concerts. Fuck you for making me feel bad; it’s not fair that you did that to me. But I would tell you now if I could, I really miss the noise!

Hey Ty,
So the other day I was at Barnes & Noble, trying to find a book to read since I have a lot of free time now that I can’t sleep, can’t hold a job, don’t want to be around friends or family, and pretty much need to escape my life. Anyway, I was browsing at the newsstand and I saw you. I always do. This time you were staring back at me from the cover of People. I keep thinking that I’ll look up and see you for real, the way you should be, but it’s always more reminders of the way you are. I’m sure the other customers found my anxiety attack entertaining. How am I supposed to respond to seeing you on People, though? It’s a lot to digest, you being a celebrity and all. I always knew you would make it big; I just thought you’d be around to enjoy it.

I wonder what you would think, seeing all the commotion you’ve caused. It is surreal and meaningless to see you as a mere story on The New York Times, a brief glimpse at a life with none of the detail. You were a typical college freshman, trying to adjust to a dorm room, make some friends, meet a cute guy, and enjoy your independence, and no one noticed. The headlines tell of how you were violated and ridiculed; your last moments are a cautionary tale, a scandal, something to sell and entertain.

You are on every talk show, newspaper, and blog, being held up as the issue du jour for the masses to “care about,” like they ever read you a story or wiped away your tears or spun you around in the air until you were dizzy. I wish it didn’t take you dying for your soul to know peace. I wish you could read the hundreds of letters we got, hear the thousands who rallied and marched for you, know the millions who followed your story on the 6 o’clock news. You were never alone; it just felt like it.

When you were here with me, you had no idea how important you were, and it took your death to make that point. Now you are gone. How will you know how much I love you, how much we all do? It’s not like you can read your big cover story. It’s not as though you can hear me crying.

 

SLIDESHOW: FAMILY SNAPSHOTS OF THE BROTHERS TOGETHER

Little Peanut,
I always thought that, between you and I, you were the stronger one. That’s why, as protective as I felt toward you, I never worried that much. I saw the best parts of myself in you. Of course, we looked like twins, albeit six years and a foot and a half apart. But — let’s face it — you were better. Where I dabbled (pretty pitifully) in painting, you devoted hours of every day to the violin since you were eight, then picked up the piano, and even taught yourself the freaking harmonica. Never one to be outdone, when I was biking a mile, you were unicycling two. Where I was shy, you were fearless. When I tiptoed out of the closet at 22, you were out and proud at 18.

I remember asking if you had a boyfriend, or if you wanted one, and you scoffed at me. “I just want to hook up.” That’s what you said — and that’s fine — but I think maybe you didn’t see how much more you deserved.

Sometimes I wonder who that guy was, the one in your dorm room. He doesn’t matter. You were so young, and there were going to be others. But in that moment, what did it mean for you? Were you bored, scared, over it, into it, what? Everyone knows their first, but who ever thinks of their last? I’m sure you didn’t even realize that it was the final time you’d be close to someone. He shouldn’t matter, but being the last gives him a strange importance. Did he make you happy?

You had a lot of growing up to do and a lot of baggage to work through before you could really feel comfortable with who you were. You’d roll your eyes at me and dismiss it with one of your “whatevers,” but it’s true. Libidos aside, when you told me you were only looking for hook-ups, I totally didn’t believe you. Sure, sex is amazing, but love is the best part. It was there within your grasp.

Dear Tyler,
I guess I never really told you how much I admire you, how much I wish I was more like you. We came from the same gene pool, the same family, the same town, the same schools, the same church, everything the same. But I always saw a confidence and strength in you that I didn’t
recognize in myself. Where did you get that? When I thought about where I was going to be in five or 10 years, I could never picture it — my mind would be blank. But when I imagined your future, I saw the world at your feet. You were supposed to show me up, do it better than I could. I wanted that for you. I saw amazing professional accomplishments for you, but also personal ones. I know now that you felt so alone, but Jesus Christ — you are so, so easy to love, with your kind eyes and gentle heart. I know so many people you had yet to meet that would one day love you almost as much as I do. Even after what you did, I cannot see you as a sad or depressed or lonely kid. To me, you will always be my sweet, tender little brother.

I’ve heard the story so many times: how you did it, the night you jumped. The first time, and every time I’ve been told about it, read it in a paper, heard it on TV, or dreamt about it at night, it still confuses me. I know you and I know that is not who you are. And that is never how I will think of you, alone and cold and at the end.

You are youth, potential just beginning to unfold. You are blood, my connection to the past, and my hope for the future. You are beauty, fleeting and marvelous. I know there was pain, and I’m sorry for that, but you were joy, too. Your voice, your smile, tiny hands clinging to mine. I will never let go.

A Mom Almost Talks to Her Gay Son

By: Gay.com
5.10.2012

The Non-Normative Conversation:
A Mom Almost Talks to Her Queer Son

Words by The Mothership

I was looking for a parking space in West Hollywood the week before Gay Pride.

“Mom, what’s Gay Pride?” said my eight-year-old daughter, Shannon. I guess she’d read the signs while I was trying to park.

“It’s a big party for gay people,” I said.

“What’s gay people?” asked her brother, Danny, who was five.

Whoa, I thought. This is a Formative Moment.  This is One of Those Discussions They Remember Forever and I am without a thought in my head. How strange.  I have plenty of long-time gay friends, I’ve lived in West Hollywood—I’ve even done summer stock!  I should know what to say.

“Well,” I tried. “Boys who are gay like boys better than girls, and girls who are gay like girls better than boys.”

There was a long silence from the back seat.

“Mom, are we gay?”

Truth is always good, right?

“Well,” I said. “I’m not. But you might be.”

You can cringe if you want. I completely understand. To this day, I’m not sure if I gave the World’s Best Answer or the World’s Worst Answer, or if I just said something stupid. But then that describes all of parenting—you’re never really sure if what you say or do is good, bad, harmful, lame, ridiculous, or might actually make an impact and turn these moldable little creatures into magnificent human beings.

The parental paradigm, in other words, is always shifting.

So when I got the email from Danny, now in college, that started, “Well here’s an email for you, potentially surprising (probably surprising), maybe totally predictable, but read all of it, and understand that things will be different once you read it!” was I surprised? Yes. No. Maybe a little.

Dan apologized for coming out via email. His father had been visiting him at school and he told him the night before. Now Dan wanted me to know. He wrote, “Something about the ‘coming out’ proclamation

seemed totally unsuitable for me, so I never wanted a grand statement. But I think the reality is, this kind of relationship is effectively non-normative, and there is no social apparatus for talking about it (at the beginning) normatively.”

Uh…

Normative (Adjective)
1: of, relating to, or determining norms or standards <normative tests>
2: conforming to or based on norms <normative behavior> <normative judgments>
3: prescribing norms <normative rules of ethics> <normative grammar>

The boy always did love his vocabulary. But I saw he was right. I wanted to find a common language with my son. I wanted to talk about it, normative or not, but somehow like that day in the car, the words just didn’t come as easily as I thought they should.

So Danny and I took refuge in the language of academia. And Google chat. And text messages. Sometimes I think that Danny is impatient with what must feel like my slow grappling with this information. When I asked him if he told his sister, he wrote, “Yeah, yeah. I will. The whole point is to not make it a big production.”

“It’s kind of a big production,” I wrote back.

“I mean,” he responded, “it’s just like there’s not a societal apparatus for having non-normative sexualities. Your difference has to be announced, which is problematic, and useful, to be sure, in a political way.”

And then the killer: “There’s something symbolically violent about the identity game. IS THIS PERSON SO-AND-SO, I TOTALLY KNEW IT.” And then, even more damningly, “Which, for the most part, is done by traditionally straight people, done from a position of stable gender identity.”

That’s me. Stable gender identity. I suppose I have something that Danny, at this point, does not. And even pre-“announcement,” I totally knew he was gay. And I felt so very traditional, almost embarrassed, when I read those words.

A few months ago, I asked Danny if he wanted to come home for spring break, maybe even bring his boyfriend, Scott. (“I prefer partner,” Danny responded, which was refreshingly earnest non-gender-based early-twenties enthusiasm for the current relationship, which will undoubtedly go on forever.) During his previous two years of college, Danny had always politely refused. But this year, he emailed, “You know, I think I would.”

I told Danny I would like to give a party.

“That might freak Scott out,” Danny wrote.

“He’ll deal, “ I wrote back.

“Who would you invite?” Danny asked suspiciously.

“People,” I responded.

“I might not book something yet,” Danny said. “Scott might be totally embarrassed.”

Some general talk about plane fares followed, then “Scott is voicing his anxiety about being thrown a party” and then a plea for money to buy “suit things” for an upcoming interview.

Another message appeared on the screen: “Scott is attacking me for mincing his words. He, in fact, WANTS a dinner party, thus…throw a party!”

I hesitated before sending the invitations. By calling Scott “Danny’s boyfriend” am I making an “announcement”? Turning the event into a “production”? Where are the rules? Where’s the handbook?

I finally settled on “special guest, Scott,” figuring it was about as neutral as I could get.

Immediately, Danny emailed back, “Why is Scott a special guest?”

“Why not?” I answered.

“It’s a little weirdly ambiguous is all, I mean,” he wrote. “I guess our relationship will be news that night!”

The party was a huge success. People either figured it out, or didn’t, or were just glad to see the young man who was once the chubby-cheeked little boy that they knew and loved. But when one friend offered to take Danny and Scott out clubbing in West Hollywood, Danny told me, “I don’t know about that!” Danny was only willing to take his new self so far. The living room was fine—more or less—but Santa Monica Boulevard? Not so much.

And here’s the odd thing, or maybe it’s not: Danny and I have never once spoken in person about his new—ah, what? Identity? Orientation? Newest personality that Danny’s trying on for size? In all honestly, I’m a little worried to talk about it. Gay or straight, it’s not easy to negotiate the ground rules with a newly formed adult. As much as I’m not sure what my role is, I’m not sure he knows what his role is, either.

A few days ago, while I was at work, Danny sent me a message with a link to his newest college project website. I clicked on the link and QUEER CULTURE: ART, STABILITY AND CHANGE in very large letters popped up on the screen.

“Look, everyone!” I said with pride. “It’s my kid’s newest work!”

I told him it looked fantastic.

And he told me that meant a lot.

We stumble on.

Images: Photos.com, for illustrative purposes only.

 

When I read this article it reminded me of this book published in 1975 by Laura Z Hobson “Consentint Adult” – a series of letters from other and son on him coming out, and how impacts on the family.  There are 37 years of history between the book and the article, but in some ways I must ask has society really moved on?

Why should society be inclusive?

As you may know Lesbian, Gay, Bisexual and Trans History Month is celebrated every year in February. During 2011 and 2012, the focus of the Month has been sport.  But inclusivity is not just restricted to sport and the month of February.

A report from Canada has shown that workplace barriers persist for LGBT employees. Respondents cited three factors that affected their career advancement and the formation of critical relationships in the workplace: a lack of awareness regarding LGBT issues, discriminatory behaviours, and exclusion from important connections with others. LGBT women reported less positive relationships with their managers than LGBT men and non-LGBT women and men did. LGBT employees at organizations with diversity and inclusion programs, policies, and practices, as well as those with broader talent management programs, were more satisfied and committed, described their workplace as more fair, and had more positive relationships with their managers and colleagues.   (Building LGBT-Inclusive Workplace)

In Equality Britain they site the following:

Equality Britain believes that individuals have the right to be free from prejudice and discrimination.

Fairness and equality is not just a “good thing” but imperative in a changing and complex world.

It has been proved that by valuing diversity, organisations bring benefits to the people they work with and their local communities, as well as to themselves.

A diverse organisation draws upon the widest possible range of views and experiences, so it can listen to, and meet, the changing needs of its staff, volunteers and partners.

So where is this article leading?  Well on the 20th June the marriage of X-Men hero Northstar and his boyfriend Kyle is set to take place the the publication Astonishing X-Men #50, published by Marvel Comics. (Polari Magazine)

 

Why is this an important landmark; well inclusivity is about recognising differences and including them within all areas of society – and this is just as important for all areas of writing – if the LGBT community is seen to be visible and incorporated within natural things and traditions of society then we are included and accepted and homophobia and bullying will cease!