LGBTQ POLICY JOURNAL AT THE HARVARD KENNEDY SCHOOL VOLUME 5, 2014–2015 FEATURE ARTICLES A Survey of the Living Conditions of Transgender Female Sex Workers in Beijing and Shanghai, China Emerging Needs for Research on Human Services for Low-Income and At-Risk LGBT Populations “I Decide Who I Am”: The Right to Self-Determination in Legal Gender Recognition Corrective Rape in South Africa: Cultural Issues and Policy Solutions School-Based Services for LGBTQ Youth OUR MISSION To inspire thoughtful debate, challenge commonly held beliefs, and move the conversation forward on LGBT rights and equality. A HARVARD KENNEDY SCHOOL STUDENT PUBLICATION WWW.HKSLGBTQ.COM Since 2002, more than 120 David Bohnett Leadership Fellows have completed the State and Local program at Harvard Kennedy School. We are honored to provide support for this, and other projects, which endeavor to expand and energize the discussions of equality, justice and fairness at the nation’s premier public policy school. Improving Society Through Social Activism BohnettFoundation.org LGBTQ POLICY JOURNAL AT THE HARVARD KENNEDY SCHOOL VOLUME 5, 2014–2015 WWW.HKSLGBTQ.COM STAFF Editor-in-Chief Crosby Burns Managing Editors Stephen Leonelli Alex Rothman Editors Katherine Blaisdell Wes Brown Charles Fletcher Christopher Healy Alice Heath Ted Sands Publisher Martha Foley Faculty Advisor Richard Parker ADVISORY BOARD Transgender Law Center Masen Davis Human Rights Campaign Jeff Krehely U.S. Office of Special Counsel Louis Lopez All views expressed in the LGBTQ Policy Journal at the Harvard Kennedy School are John F. Kennedy School of Government at those of the authors or interviewees only and do not represent the views of Harvard Harvard University University, the John F. Kennedy School of Government at Harvard University, the staff Timothy McCarthy of the LGBTQ Policy Journal at the Harvard Kennedy School, the advisory board, or any associates of the journal. AIDS Action Committee Carl Sciortino ©2015 by the President and Fellows of Harvard College. All rights reserved. Except as otherwise specified, no article or portion herein is to be reproduced or adapted to other The Center for American Progress works without the expressed written consent of the editors of the LGBTQ Policy Journal Winnie Stachelberg at the Harvard Kennedy School. ISSN# 2160-2980 TABLE OF LETTER FROM THE CONTENTS EDITOR-IN-CHIEF TKTK // Letter from the Editor-in-Chief TKTK // Claiming the Right to Health for Women Friends, Crosby Burns Who Have Sex with Women: Participation and Contestation in the South African National AIDS When this journal published its inaugural issue five share of our nation’s homeless. LGBTQ families continue Council years ago, the legal and cultural landscape for LGBTQ to report lower incomes and overall economic security ARTICLES Felicity Daly people stood vastly different than the one before us compared to non-LGBT families. And violent crimes today. The ill-conceived “Don’t Ask, Don’t Tell” policy against transgender people continue to threaten the forced thousands of gay, lesbian, and bisexual service physical safety of our friends and loved ones. TKTK // Emerging Needs for Research on Human TKTK // Removing Barriers to Legal Transition: An members out of the armed forces based solely on their Services for Low-Income and At-Risk LGBT Examination of Identification Documentation Policy sexual orientation. LGBTQ men and women around the In this context, our movement continues its myopic focus Populations and Transgender Individuals country lacked the hate crimes protections afforded to on the issue of marriage equality—a critical issue toward Tyler Hatch, Andrew Burwick, Gary Gates, Scott Jonah DeChants other groups regularly subjected to physical violence based full equality for LGBTQ people, no doubt, but one that Baumgartner, and Daniel Friend on animus. And only a handful of states recognized the masks the considerable gaps in equality that remain. Even freedom to marry for same-sex couples. with a favorable Supreme Court ruling, for example, TKTK // Corrective Rape in South Africa: Cultural LGBTQ people can get legally married on Sunday but TKTK // A Survey of the Living Conditions of Issues and Policy Solutions Over the course of the past half-decade, however, our be legally fired from their job on Monday, legally denied Transgender Female Sex Workers in Beijing and Charles Fletcher movement has made seemingly inexorable progress housing on Tuesday, and legally forced out of a restaurant Shanghai, China toward full legal equality. And that progress continues on Wednesday. Charmain Mohamed and Tingting Shen into 2015. Even a cursory reading of the tea leaves TKTK // School-Based Services for LGBTQ Youth reveals the Supreme Court is likely to finally affirm the It’s in this spirit—the spirit of celebrating the progress Jessie Kember Constitution’s promise of equal rights this June. we’ve made while recognizing the progress that remains— TKTK // The EU’s “Lack of Consensus”: Uneven that the LGBTQ Policy Journal presents its 2015 issue. Demands for LGBT Rights in Eastern Europe Our progress on these and other issues comes as the direct James A.G. Evans TKTK // Exploring the Contradiction of Cooperative result of challenging commonly held belief systems and In these pages, you will find articles that challenge, that Marriage Between Gay Men and Lalas as a Strategy of ideologies. It requires acknowledging that legal equality inspire, and that question the politics, ideologies, and Practicing Reproductive Rights in Mainland China does not always mitigate the economic injustices and laws that impact our community. From community TKTK // “I Decide Who I Am”: The Right to Self- Wang Yingyi structural violence that threaten our community. And policing here at home, to the plight of transgender sex Determination in Legal Gender Recognition progress requires exploring the complex interplay and workers in China, the articles in this year’s edition serve Peter Dunne intersectionalities between sexual orientation, gender as a call to action to move beyond our single-mindedness TKTK // Addressing Harassment and Discrimination identity, race, and socioeconomic status. on marriage equality and instead harness our collective by Law Enforcement Against LGBT Police Officers energy toward remedying the numerous challenges that TKTK // Police Violence and Social Bigotry Against and Community Members to Improve Effective Still, our work is informed not only by the progress we remain. Hijras in India Policing have made over the past decade, but more importantly, Sreya Banerjea Christy Mallory, Amira Hasenbush, and Brad Sears the challenges that remain. While our movement has Through solidarity, compassion, and above all, hard work, made significant progress domestically, the number of I’m confident that in the next five years we’ll have made countries passing barbaric “anti-homosexuality” laws similar leaps and bounds as we have in the previous five. continues to rise, even as the US, the UN, and other allies work to prevent these human rights abuses. Onward and upward, Here at home, social and structural inequities continue Crosby Burns to plague LGBT communities across the United States. editor-in-chief LGBTQ youth continue to comprise a disproportionate cambridge, ma volume v // 1 Emerging Needs for Research on Human Services for Low-Income and At-Risk LGBT Populations By Tyler Hatch, Andrew Burwick, Gary Gates, Scott Baumgartner, and Daniel Friend ABSTRACT Substantial research gaps impede the ability of policy makers and federal staff to identify human service policies and programs that may address the particular needs of low-income and at-risk LGBT populations. This article summarizes an assessment of the research base regarding human service needs of LGBT populations and presents recommendations for future research within three human service areas: low-income LGBT individuals and fam- ilies, LGBT individuals’ interaction with the child welfare system, and LGBT runaway and homeless youth populations. In order to further the mission and goals of the US Department of Health and Human Services (HHS), the Administration for Children and Families contracted with Mathematica Policy Research, and its subcontractor, the Williams Institute, to conduct an assessment of the knowledge base and research needs related to low-income LGBT populations and self-sufficiency programs, LGBT individuals’ interactions with the child welfare system, and services to support LGBT youth. Through the creation of an annotated bibliography, consultation with a thirteen member expert LGBTQ POLICY JOURNAL panel, consultations with multiple program offices within HHS, conduction of secondary analyses of three published data sets, and conduction of four case studies surrounding runaway and homeless youth and homeless youth programs, the project sought to provide a comprehensive appraisal of what is known and what needs to be learned next related to the human service needs of low-income and at-risk LGBT populations. The project team conducted the analysis of existing research and needs for additional research within these three areas because they correspond with services funded and overseen by the Administration for Children and Families within the US Department of Health and Human Services. The views expressed in this publication do not necessarily reflect the views or policies of the Office of Planning, Research and Evaluation, the Administration for Children and Families, or the US Department of Health and Human Services.