Berkeley Law Berkeley Law Scholarship Repository Faculty Scholarship 1-1-2011 Masculinity as Prison: Sexual Identity, Race, and Incarceration Russell K. Robinson Berkeley Law Follow this and additional works at: http://scholarship.law.berkeley.edu/facpubs Part of the Law Commons Recommended Citation Russell K. Robinson, Masculinity as Prison: Sexual Identity, Race, and Incarceration, 99 Cal. L. Rev. 1309 (2011) This Article is brought to you for free and open access by Berkeley Law Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact
[email protected]. Masculinity as Prison: Sexual Identity, Race, and Incarceration Russell K. Robinson* The Los Angeles County Men's Jail segregatesgay and transgender inmates and says that it does so to protect them from sexual assault. But not all gay and transgenderinmates qualify for admission to the K6G unit. Transgender inmates must appear transgender to staff that inspect them. Gay men must identify as gay in a public space and then satisfactorily answer a series of cultural questions designed to determine whether they really are gay. This policy creates harms for those who are excluded, including vulnerable heterosexual and bisexual men, men who have sex with men but do not embrace gay identity, and gay-identified men who do not mimic white, affluent gay culture. Further,the policy harms those who are included in that it stereotypes them as inherent victims, exposes them to a heightened risk of HIV transmission, and disrupts relationships that cut across gender identity and sexual orientation.