Unjust: LGBTQ Youth Incarcerated in the Juvenile Justice System

This report by the Center for American Progress, Movement Advancement Project, and Youth First offers an overview of youth incarceration in the United States and in particular, data on the experiences and challenges of LGBTQ youth incarcerated in the juvenile legal system. It concludes with several recommendations for reducing system involvement, ensuring fair treatment within the system, and improving reentry supports for LGBTQ youth.

From the report:

“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.”