LGBT Identity and Crime
LGBT Identity and Crime LGBT Identity and Crime* JORDAN BLAIR WOODS** Abstract Recent studies report that LGBT adults and youth dispropor- tionately face hardships that are risk factors for criminal offending and victimization. Some of these factors include higher rates of poverty, over- representation in the youth homeless population, and overrepresentation in the foster care system. Despite these risk factors, there is a lack of study and available data on LGBT people who come into contact with the crim- inal justice system as offenders or as victims. Through an original intellectual history of the treatment of LGBT identity and crime, this Article provides insight into how this problem in LGBT criminal justice developed and examines directions to move beyond it. The history shows that until the mid-1970s, the criminalization of homosexuality left little room to think of LGBT people in the criminal justice system as anything other than deviant sexual offenders. The trend to decriminalize sodomy in the mid-1970s opened a narrow space for schol- ars, advocates, and policymakers to use antidiscrimination principles to redefine LGBT people in the criminal justice system as innocent and non- deviant hate crime victims, as opposed to deviant sexual offenders. Although this paradigm shift has contributed to some important gains for LGBT people, this Article argues that it cannot be celebrated as * Originally published in the California Law Review. ** Assistant Professor of Law, University of Arkansas School of Law, Fayetteville. I am thankful for the helpful suggestions from Samuel Bray, Devon Carbado, Maureen Carroll, Steve Clowney, Beth Colgan, Sharon Dolovich, Will Foster, Brian R.
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