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Volume VI, 2015–2016 Trans* Rights: The Time Is Now

Featured Articles Trans* Rights: The Time Is Now U.S. Department of Justice Agency Facilitates Improved Transgender Community-Police Relations

Reclaiming the Gender Framework: Contextualizing Jurisprudence on Gender Identity in UN Human Rights Mechanisms

The Forced Sterilization of Transgender and Gender Non-Conforming People in Singapore

A Paradigm Shift for Trans Funding: Reducing Disparities and Centering Human Rights Principles VOLUME VI, 2015–2016 VI, VOLUME

Our Mission To inspire thoughtful debate, challenge commonly held beliefs, and move the conversation forward on LGBTQ rights and equality.

A Harvard Kennedy School Student Publication | www.hkslgbtq.com LGBTQ POLICY JOURNAL

AT THE HARVARD KENNEDY SCHOOL VOLUME VI Trans* Rights: The Time Is Now 2015 - 2016 WWW.HKSLGBTQ.COM

All views expressed in the LGBTQ Policy Journal at the Harvard Kennedy School are those of the authors or interviewees only and do not represent the views of Harvard University, the John F. Kennedy School of Government at Harvard University, the staff of the LGBTQ Policy Journal at the Harvard Kennedy School, the advisory board, or any associates of the journal. © 2016 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 works without the expressed written consent of the editors of the LGBTQ Policy Journal at the Harvard Kennedy School. ISSN# 2160-2980 STAFF Editors-in-Chief Stephen Leonelli Alex Rothman Managing Editors Charles Fletcher Jonathan Lane Editors Danny Ballon Katie Blaisdell Wes Brown Alice Heath Shane Hebel Chaz Kelsh Priscilla Lee Scott Valentine Jenny Weissbourd ADVISORY BOARD Masen Davis Global Action for Trans* Equality Jeff Krehely Louis Lopez US Office of Special Counsel Timothy McCarthy John F. Kennedy School of Government at Harvard University Carl Sciortino AIDS Action Committee Winnie Stachelberg The Center for American Progress SPECIAL THANKS Richard Parker Faculty Advisor Martha Foley Publisher Kennedy School Student Government TABLE OF CONTENTS 2016 Special Edition – Trans* Rights: The Time Is Now 4 // Letter from the Editors-in-Chief

ARTICLES 7 // Department of Justice Agency Facilitates Improved Transgender Community-Police Relations Christopher “Kit” Chalberg and Kelly Collins-McMurry 22 // Reclaiming the Gender Framework: Contextualizing Jurispru- dence on Gender Identity in UN Human Rights Mechanisms Sheherezade Kara 33 // Human Rights Appropriation in the Development of Trans* Organizations’ Membership: The Case of Honduras Enrique Restoy, PhD 45 // Sex Reassignment Therapy and the Right to Health Ignatius Yordan Nugraha 53 // The Forced Sterilization of Transgender and Gender Non-Conforming People in Singapore Vanessa Ho, Sherry Sherqueshaa, and Darius Zheng 6 // “Like a Stray Dog on the Street”: Trans* Refugees Encounter Further Violence in the Cities Where They Flee Jennifer S. Rosenberg 89 // The Other Side of the Mirror: Eating Disorder Treatment and Gender Identity Evelyn Deshane 102 // A Paradigm Shift for Trans Funding: Reducing Disparities and Centering Human Rights Principles Masen Davis, Sarah Gunther, Dave Scamell, and Mauro Cabral

A NOTE ON TERMINOLOGY The LGBTQ Policy Journal at the Harvard Kennedy School intentionally chose to use “trans*” in our messaging and language for this edition, in order to emphasize the diversity of gender identities and expressions we hoped would be represented in submissions. The use of an asterisk began in recent years to convey that “trans” was not limited to a binary of transwomen and transmen, but additionally inclusive of gender-non-conforming, gender fluid, genderqueer, bigender, transsexual, transves- tite, and other non-cisgenders. We felt this was the best way to articulate rejection of a binary, even within the context of “trans” issues. At the same time, we recognize language diversity throughout the world, and we were not prescriptive with authors to use language they were uncomfortable with. We recognize that language is power, and also a site for contention. As language continues to evolve, so will the LGBTQ Policy Journal. Department of Justice Agency Facilitates Improved Transgender Community-Police Relations

Christopher “Kit” Chalberg and Kelly Collins-McMurry

ABSTRACT

This article explores the nexus of social problems and interactions between LGBTQ populations, particularly members of the transgender community, and law enforcement. It highlights the proactive work of several US law enforcement agencies and their attempts to work with transgender communities. This article specifically explores the unique work of the Community Relations Service, a branch of the US Department of Justice (DOJ), and the development and delivery of the agency’s groundbreaking “Law Enforcement and the Transgender Community” training program. This training has been instrumental in facilitating improved relations between the transgender community and police force, and is an important tool for building trust.

BRIEF HISTORY a local favorite. It was centrally located— adjacent to the hair salon, the corner The mistrust of law enforcement among bar and the bathhouse—and provided a lesbian, gay, bisexual, transgender, and well-lit and comfortable haven for trans queer (LGBTQ) communities is rooted women performing in clubs or walking in laws that have oppressed diverse com- the streets in San Francisco’s Tenderloin munities, questionable—if not brutal— neighborhood.”2 Fed up with “unruly” police tactics used to enforce these laws, transgender customers, cafeteria staff and violent clashes between police and began calling police. Police “arrested these communities. The 1966 Comp- drag queens, trans women and gay hus- ton’s Cafeteria Riot in the Tenderloin tlers who had been sitting for hours, District of San Francisco is remembered eating and gossiping and coming down as one of the first recorded transgender from their highs with the help of 60- riots in US history.1 Compton’s Cafete- cent cups of coffee.”3 Reportedly, an at- ria was a twenty-four-hour chain of eat- tempted arrest of a transgender woman eries, and one of the few places where resulted in hot coffee being thrown in transgender people could publicly con- an officer’s face, smashed windows, and gregate during evening hours, as they the burning of a nearby newsstand.4 were unwelcome in gay bars. As Nicole In response to this incident, the Pasulka writes, “The 24-hour eatery was transgender community began to picket

VOLUME VI 2015–2016 7 the cafeteria. When police harassment duct similar purges in their countries.”9 continued, a riot ensued, resulting in These historical accounts and pub- serious damage to the cafeteria and lic policies, as well as anti-LGBTQ at- surrounding neighborhood. The next titudes, have helped to create a deep night, demonstrators, including trans- mistrust among LGBTQ communities gender people, members of the lesbian, of law enforcement. This article will ex- gay, and, bisexual communities, and plore contemporary issues and how they others gathered to picket the cafeteria fuel mistrust between transgender com- again. When transgender people at- munities and law enforcement. I will tempted to enter the cafeteria they were also discuss the approaches of several refused, which resulted in more violence law enforcement agencies to work with and further damage to the cafeteria.5 transgender communities. Finally, this A second and more familiar inci- article will highlight the unique work of dent occurred in the summer of 1969. the DOJ’s community relations service Local police raided the Stonewall Inn, a in LGBTQ communities, including the well-known gay bar in New York City’s groundbreaking “Law Enforcement and west Greenwich Village neighborhood. the Transgender Community” training. Employees were arrested for selling li- quor without a license, patrons were CURRENT ISSUES searched, and a large crowd gathered during the raid. According to author Bias, Harassment, Suicide, Sarah Schulman in 1984, “drag queens Homelessness, and the and black drag queens fought the police Sex Trade and the raid resulted in arrests, prop- erty damage, and, ultimately, violence.” It’s been over fifty years since the Stone- Over the next several days, protests and wall Riots. Despite changes in socie- clashes with police ensued.6 tal perceptions, penal codes, and local The Stonewall Riots have long been laws, as well as increased visibility of touted as the beginning of the gay transgender people and a transgender rights movement in America, and they social justice movement, transgender generated increased activism across individuals continue to face pervasive the country.7 The mistrust between discrimination. A 2011 National Center LGBTQ communities and law enforce- for Transgender Equality (NCTE) survey ment isn’t, however, isolated to locali- found that 26 percent of transgender ties. On 27 April 1953, President Dwight individuals reportedly lost a job due to D. Eisenhower issued Executive Order bias.10 The same survey found that “in- 10450, authorizing the Federal Bureau dividuals who expressed a transgender of Investigation (FBI) Director J. Edgar identity or gender non-conformity while Hoover to conduct personal investiga- in grades K-12 reported alarming rates tions of federal government employees of harassment (78 percent), physical as- for “sexual perversion.”8 The President sault (35 percent), and sexual violence (12 also “ordered all private contractors percent).”11 Unfortunately, these factors doing business with the government to have led to increased marginalization fire their gay employees. And urged our and alarmingly high rates of suicide and (United States) allies overseas to con- suicide attempts. The survey also found

8 LGBTQ POLICY JOURNAL that 41 percent of transgender individu- symptoms of complex social problems. als questioned have attempted suicide.12 For example, an unfortunate result of In comparison, a study conducted by both homelessness and sex work is in- the Centers for Disease Control and creased contact with police. One obvi- Prevention study found that 0.6 percent ous solution to the issue of increased of adults attempted suicide in 2015.13 police-transgender contact is to ad- Transgender populations are also at dress bias, employment, discrimination, increased risk of homelessness. Accord- and other deep-seated social problems. ing to the NCTE in 2015, However, law enforcement’s role is con- strained to enforcing laws and maintain- Homelessness is also a critical ing community safety. Faced with these issue for transgender people; one stark realities, law enforcement is often in five transgender individuals placed in adversarial positions and forced have experienced homelessness to make difficult choices—much to the at some point in their lives. Fam- frustration, anger, and disappointment ily rejection and discrimination of alleged law-breakers. Further, these and violence have contributed contacts with police may be perceived as to a large number of transgen- harassing, unjust, and even violent. der and other LGBQ-identified Negative perceptions of law enforce- youth who are homeless in the ment can be especially strong within United States—an estimated 20 transgender communities. The 2015 to 40 percent of the more than National Transgender Discrimination 1.6 million homeless youth.14 Survey (NTDS) found that 79.1 percent of transgender sex workers reported in- The combination of unemployment teractions with the police.17 In addition and homelessness (among other factors) to high rates of reported contact, the force some transgender individuals into interactions with police are often nega- the sex trade for survival. A recent re- tively perceived. The same survey found port found that nearly 11 percent of that 22 percent of transgender individ- transgender individuals surveyed had uals who had interacted with police re- participated in sex work.15 This number ported harassment.18 was significantly higher among trans- Transgender individuals also report gender persons of color, where nearly police violence. A 2012 survey by the Na- 40 percent of black and black multira- tional Coalition of Anti-Violence Pro- cial and 33.2 percent of Latino or His- grams (NCAVP) found that transgender panic individuals reported sex trade individuals are 3.32 times more likely to participation.16 experience police violence, as compared with non-transgender people.19 Addi- Police Contacts Related to Per- tionally, transgender women are almost vasive Issues Affecting Trans- three times more likely to experience gender Communities police violence, as compared with over- all reports of police violence.20 Reports The nature of police work is difficult of harassment and violence are further with officers often placed in lose-lose compounded by perceptions of police situations, where they must react to profiling or “walking while trans.”21

VOLUME VI 2015–2016 9 The facts or truths and right versus cally targeted under unconstitu- wrong in these reports are not known. tional sodomy or “crimes against Assigning who is right and who is wrong, nature” laws that can lead to along with the facts, doesn’t ultimately harsher penalties and sex of- matter. A police officer could have fol- fender registration.22 lowed protocol during an arrest, but if the individual perceived bias or unjust The social problems impacting trans- treatment this interaction further rein- gender communities and the resulting forces longstanding community narra- police contacts are a complex issue. At tives about bias, profiling, and mistrust. the community level, police depart- It is apparent that these perceptions of ments are often a bandage for a much harassment and alleged incidents of vi- deeper social wound, and because of olence and profiling negatively impact the nature of their work, they walk a relations between transgender com- fine line between perception and real- munities and law enforcement. The ity. At the national level, the DOJ works lack of trust can lead to decreased vic- to increase safety for LGBTQ communi- tim reports and reluctance to seek help ties through the Matthew Shepard and from police. For example, in 2015 Erin James Byrd, Jr. Hate Crimes Prevention Fitzgerald and others found that trans- Act. In particular, the Department’s gender individuals reported they were Community Relations Service (CRS), a somewhat uncomfortable (26.3 percent) little-known but historic and dynamic or very uncomfortable (31.8 percent) component, works to prevent hate seeking help from the police. crimes against LGBTQ communities Mistrust is reinforced when police through conflict resolution and train- departments are found to have engaged ing that aims for improved relations be- in biased practices that target trans- tween local law enforcement and these gender communities. According to the communities. NTDS: COMMUNITY RELATIONS SER- Investigations by the US Depart- VICE AND THE MATTHEW SHEP- ment of Justice of the New Or- ARD AND JAMES BYRD, JR. leans Police Department and the HATE CRIMES PREVENTION ACT Puerto Rico Police Department both found biased policing of On October 28, 2009, President Barack transgender communities—spe- Obama signed the Matthew Shepard cifically targeting transgender and James Byrd, Jr. Hate Crimes Preven- women of color as suspected tion Act (HCPA) into law. The law en- sex workers, as well as hostility ables the Justice Department to to transgender victims of violence. Consent decrees in these prosecute crimes motivated by jurisdictions required changes race, color, religion, and national in policies toward transgender origin without having to show people. In some jurisdictions that the defendant was engaged such as Louisiana, transgender in a federally protected activity. sex workers have been specifi- The Shepard-Byrd Act also em-

10 LGBTQ POLICY JOURNAL powers the department to pros- Created by Title X of the 1964 Civil ecute crimes committed because Rights Act, the CRS was originally of a person’s sexual orientation, mandated to address community ten- gender identity, gender, or dis- sion associated with allegations of disability as hate crimes. The law crimination on the basis of race, color, also marked the first time that and national origin. Under Title X, the the words, “lesbian, gay, bisexual CRS is required to conduct its activi- and transgender” appeared in ties without publicity and is prohibited the U.S. Code.23 from disclosing confidential information.26 The CRS does not investigate, In addition to expanding the depart- litigate, enforce, fact-find, assign blame, ment’s ability to prosecute hate crimes, or conduct its work through any coer- this historic act also expanded the man- cive methods. Rather, the CRS provides date of the Justice Department’s CRS. impartial, confidential, and voluntary The HCPA allows the CRS, also known conflict resolution services without cost as “America’s Peacemakers,” to help to communities in all 50 states and the communities “prevent and respond to US territories. The CRS does impose alleged violent hate crimes on the basis solutions to conflicts; instead, it helps of actual or perceived race, color, na- people identify mutually agreeable res- tional origin, gender, gender identity, olutions. sexual orientation, religion, and dis- The CRS is called upon as the third ability.”24 party to facilitate problem solving among stakeholders. The mediator as- How the CRS Works sists in the exploration of issues and The CRS employs conflict resolution concerns, as well as develops agree- specialists who are trained to provide ments that promote communication assistance in four areas: mediation, fa- and assist with conflict resolution in the cilitation, consultation, and training. community. Stakeholders engage vol- Specialists apply these principles as they untarily, and any information disclosed work with leaders to resolve conflicts is held confidential by the CRS, unless stemming from issues covered under there is a threat of violence or a poten- HCPA, and in the prevention of and re- tially criminal act. sponse to hate crimes. Although much In 2009, the CRS’s jurisdiction was of the CRS’s work involves collaborating expanded to include the HCPA. The with law enforcement and community HCPA allows the CRS to offer services leaders following divisive incidents, to communities experiencing tension such as allegations of biased policing and violence related to actual or per- or in response to alleged hate crimes, ceived race, color, national origin, gen- the department also works with many der, gender identity, sexual orientation, other stakeholders.25 These may include religion, and disability. school district leaders, civil rights orga- Mediation nizations, nonprofits, American Indian tribes, community-based organizations, The CRS provides mediation services advocates, community organizers, and to help the parties achieve sustainable city, county, state, and federal officials. agreements to resolve conflicts. The

VOLUME VI 2015–2016 11 CRS conciliators do so by helping par- ment, advocacy groups, and businesses ties uncover underlying interests and in order to develop common under- develop options that resolve differences. standings and collaborative approaches Mediation is not used to determine who for reducing conflicts.30 is right or who is wrong; its goal is to The previous section provides an provide a framework that helps com- overview of the jurisdictional mandates, munities clarify misunderstandings, es- role, and services of the CRS in com- tablish mutual trust, and independently munity-based conflict. The subsequent prevent and resolve future conflicts.27 sections will focus on proactive law enforcement practices and, most notably, Facilitation the CRS’s work to facilitate improved Facilitation services help communities relations between the transgender com- open lines of communication by iden- munity and police. tifying issues facing each community, learning from each group about each EFFORTS TO IMPROVE TRANS- problem, and identifying potential solu- GENDER COMMUNITY AND tions to the conflict. Dialogue promotes POLICE RELATIONS communication, which is a fundamental building block for developing com- As previously discussed, the social prob- munity trust, reducing tension, and lems impacting transgender commu- establishing collaborative relationships. nities are complex and dynamic. Issues These conversations often include var- like bias, discrimination, homelessness, ious local agencies, institutions, and and suicide are not easily solved. How- community residents. Topics may in- ever, one part of this equation can be clude police and community relations, influenced by training, collaborative perceived hate crimes, protests, demon- relationships, and best practices—rela- strations, and other issues important to tions between police and the transgen- a community.28 der community. How can relationships between transgender communities Consultation and law enforcement be strengthened? The CRS conciliators also provide con- What are the best practices and poli- sulting services that include best prac- cies that law enforcement agencies can tices, referrals, model policies, and adopt to improve relations? There have community conflict resolution promis- been attempts to improve transgender ing approaches. For example, the CRS community-police relations in many might provide technical insight on the local jurisdictions. The following are structure and function needed in order promising examples of such attempts. to establish a human relations commis- Efforts at the Local Level sion or police liaison.29 Denver Sheriff Department Training Finally, the CRS provides a wide variety In 2012, the Denver Sheriff Department of trainings that bring represenatives to- collaborated with the GLBT Commu- gether from local government agencies, nity Center of Colorado and transgen- faith-based organizations, law enforce- der community leaders to develop one

12 LGBTQ POLICY JOURNAL of the nation’s most comprehensive jail officers for all members of the LGBT policies.31 This collaboration included community.”35 a complete review of policies and prac- The SFPD has also made significant tices related to transgender inmates. Of efforts to go beyond these policies. The particular importance was policy guid- department has attempted to make it- ance governing interaction with trans- self reflective of the community. There gender and gender-variant inmates, are a number of transgender police of- including definitions; implementation ficers in the department. Most notably, and procedural guidelines for intake, Officer Mikayla Connell became the initial classification, searches, and strip first transgender person to enter and searches; temporary and long-term graduate from the San Francisco Police housing and classification; transgender Academy in August 2014. review board purpose and policies; med- Los Angeles County Sheriff’s ical assessment and treatment; and the issuance of “blue cards.”32 Department During the classification process, In addition to adopting policies re- the intake officer will complete a blue garding strip searches of transgender card for the transgender/gender-variant individuals in custody and transgender inmate. A blue card contains the fol- contacts in reports and booking, the Los lowing information: search preference, Angeles County Sheriff’s Department preferred name and pronoun, criminal also authored an in-house guide titled descriptor number, booking number, “An LASD Guide: Transgender and Gen- booked name, inmate signature, and der Non-Conforming Employees.” This supervisor signature and date. The in- guide is believed to be the first compre- take search officer is also responsible for hensive policy in the United States by a notifying the medical staff that a trans- police department or law enforcement gender/gender-variant inmate has been agency that supports and protects trans- identified.33 gender police officers and employees.36 The manual “sets forth guidelines to San Francisco Police address the needs of transgender and Department gender non-conforming employees and The San Francisco Police Department clarifies how the law should be imple- (SFPD) has also created transgender mented in situations where questions policy guidelines, including prisoner may arise about how to protect the legal handling and transportation; arrest and rights or safety of all employees.” Ac- booking; name usage and forms of ad- cording to the publication, “in all cases, dress; prohibitions on discrimination, the goal is to ensure the safety and com- harassment, retaliation, and biased po- fort of transgender or gender non-con- licing; stops and searches; and an in- forming employees, while maximizing clusive LGBT Safe Zone Project.34 The the employee’s workplace integration safe zone project features laminated and minimizing stigmatization of the signage displayed at every police station employee.”37 in the City and County of San Francisco The publication also addresses defi- “to affirm the department’s position of nitions, privacy, official records, names providing equal and quality access to and pronouns, restroom accessibility,

VOLUME VI 2015–2016 13 locker room accessibility, dress codes, ising approaches at the local level. These transitioning on the job, sex-segregated law enforcement agencies have created job assignments, discrimination and policies and practices that seek to en- harassment, and additional resources. gage transgender communities and There are additional sections on the treat transgender people respectfully. unit of assignment (UOA) transition Efforts at the Federal Level plan guide. This includes planning for the UOA transition to begin, the day The CRS has positively impacted rela- the transition will be made known to tions between the LGBTQ community coworkers, and the first day of the em- and police by facilitating conflict reso- ployee’s official workplace transition. lution processes between the two. The CRS has also engaged with LGBTQ Washington, DC Metropolitan communities in the following ways: Police Department • Working with transgender com- The Washington, DC Metropolitan Po- munities in the aftermath of hate lice Department (MPD) has made ef- crimes; forts to engage transgender, lesbian, gay, • Visiting schools to address lin- and bisexual communities. The MPD gering issues in the aftermath of launched the Lesbian, Gay, Bisexual, and LGBTQ suicides; Transgender Liaison Unit (LGBTLU) in • Facilitating community dialogues 2000. The unit was the “first in the na- to explore issues impacting trans- tion to redefine community policing by gender communities; coupling community outreach with tra- • Leading hate crimes prevention ditional crime fighting in the often in- forums; and visible gay and lesbian communities.”38 • Providing self-marshaling train- The current commanding officer of the ing for demonstrations and unit, Sergeant Jessica Hawkins, is trans- marches. gender.39 The MPD also created a hate In many cases, building bridges be- crimes assessment task force to address tween transgender communities and hate crimes in the city.40 local law enforcement is essential to In 2015, the MPD issued updated improve community safety and reduce policy guidelines governing interac- the potential for future conflict and hate tions with transgender individuals, crimes. The following cases illustrate including definitions and regulations, the CRS’s work to build these bridges and a procedure for handling calls for in transgender communities impacted service and citizen complaints involving under the HCPA. transgender individuals. The guidelines Case Examples also addressed stop-and-frisk situations with transgender individuals, handling Jacksonville, Florida juvenile transgender arrestees, medical treatment of transgender arrestees, traf- In February 2014, a biased assault fic stops, and requests to update names against a transgender student at a local or sexes associated with a person’s iden- university was reported. Community tification number.41 tension increased when LGBTQ stu- The above examples illustrate prom- dents alleged that the school’s admin-

14 LGBTQ POLICY JOURNAL istration and the local sheriff’s office the resulting brawl, and the transgen- failed to promptly investigate the inci- der woman was arrested.45 Due to the dent. In response, a local LGBTQ youth development of the LGBTQ outreach organization hosted a CRS-facilitated and liaison program, the CRS was able dialogue with representatives from the to quickly arrange and facilitate a series US Attorney’s Office for the Middle Dis- of dialogues in Minneapolis with local trict of Florida, the FBI, the Northeast police and transgender advocates. The Florida Hate Crimes Working Group, dialogues highlighted issues surround- the university’s LGBTQ resource cen- ing relations between the transgender ter, and campus police. These facilitated community and police. Additionally, the dialogues resulted in several targeted best practices for interacting with trans- outcomes, including training and guide- gender individuals and a comprehensive lines for campus police interactions list of transgender support agencies with LGBTQ community members.42 were provided to law enforcement.46

Minneapolis, Minnesota Detroit, Michigan

In January 2011, the CRS conducted In November 2013, the CRS was notified outreach to a Minnesota LGBTQ ad- by a transgender advocacy organization vocacy organization following the mur- of the murder of a transgender woman der of a transgender woman. The CRS whose body was found discarded in convened a series of dialogues with a trash receptacle. LGBTQ commu- LGBTQ advocates, police leaders, and nity members believed the victim was transgender community members. The murdered because of her gender iden- conversations resulted in an LGBTQ tity. They also expressed fear for their advocate-led police roll call and other personal safeties and of further hate LGBTQ cultural awareness training for crimes against community members. local police and sheriffs, corrections offi- In response to the community tension, cers, and county workers. The CRS also the CRS convened a series of meetings led the creation of an LGBTQ outreach and trainings with LGBTQ commu- and liaison program, and the campaign nity members, law enforcement, and for LGBTQ representation—specifically advocacy organizations. The meetings the transgender community—on the focused on hate crimes that targeted Chief’s Monthly Roundtable Advisory LGBTQ communities and improving Council.43 police relations with the community. In Several months later in Minneapolis, addition, the CRS assisted the parties in a transgender woman and her friends drafting a proclamation that established were walking by a bar when they were areas of consensus in order to strengthen allegedly harassed by patrons, who trust and understanding between law used transphobic, racist, and sexist enforcement and LGBTQ communi- slurs.44 When the transgender woman ties.47 The CRS’s services resulted in the was struck in the face with a bottle, a creation of a LGBTQ community liaison brawl ensued between the patrons and who serves as the department’s point of the group of friends. The alleged at- contact with LGBTQ communities and tacker sustained fatal injuries during acts as a communication conduit.48

VOLUME VI 2015–2016 15 San Juan, Puerto Rico dred transgender community leaders. Panelists provided information related In 2011 and 2012, following more than to federal and state hate and bias crimes eighteen LGBTQ murders, the CRS and best practices for prevention and worked in San Juan, Puerto Rico to ad- response. They also addressed audience dress rising tensions and support the questions. The panel afforded a unique building of local collaboration between opportunity for federal, state, and local criminal justice officials and LGBTQ government leaders to engage in an communities. More specifically, the active dialogue with transgender com- CRS worked closely with prosecutors, munity members and advocates from law enforcement officials, and mem- across the country.50 bers of the LGBTQ community to re- The CRS Develops National Law duce tensions and provide hate crimes prevention training. The CRS collabo- Enforcement and Transgender rated with the New York Police Depart- Community Training ment (NYPD) Hate Crimes Task Force and the Puerto Rico Police Department In addition to the cases highlighted (PRPD) to facilitate the NYPD-PRPD above, the CRS has positively impacted Hate Crimes Train-the-Trainer pro- LGBTQ and police relations by develop- gram for state-level hate crimes in San ing a groundbreaking national training Juan. In addition, the CRS convened di- program for law enforcement. alogues between community members and officials resulting in a structured Training Development Process and ongoing working partnership between LGBTQ community leaders and As a result of the CRS’s aggressive out- law enforcement, and contributed to a reach and service to transgender com- DOJ-wide initiative to provide compre- munities, the agency received requests hensive support to Puerto Rico crimi- from LGBTQ advocacy groups to de- nal justice officials regarding LGBTQ velop cultural professionalism training victimization.49 for law enforcement. In response to these requests, the CRS led over sixty Denver, Colorado national transgender organizations and law enforcement leaders in a series of In May 2012, the CRS facilitated an meetings in the summer of 2013. Leaders HCPA panel discussion at the annual included law enforcement executives, Colorado Gold Rush—one of the na- transgender community policy experts, tion’s largest transgender conferences. advocates, LGBTQ police liaisons, an- The CRS invited officials from the Col- ti-violence program members, and orado US Attorney’s Office, the FBI, the transgender police officers, members of Denver Police Department, the Denver the Transgender Community of Police County District Attorney’s Office, the and Sheriffs International (TCOPS), and GLBT Community Center of Colorado, other nationally recognized experts. and the Colorado Gender Identity Cen- The goal of these meetings was to ter to participate in a panel discussion identify “cutting edge” content for what before an audience of nearly one hun- would develop into the Law Enforce-

16 LGBTQ POLICY JOURNAL ment and the Transgender Community low citizens, who share a com- cultural professionalism training. The mitment to public safety.51 CRS relied upon the expertise and experiences of the meeting attendees. The Since March 2014, the CRS has part- CRS’s role during these sessions was to nered with transgender community work with law enforcement and trans- organizations and law enforcement gender community experts to identify agencies across the nation and co-fa- critical training content. After months cilitated numerous training sessions of meetings, the CRS, law enforce- for law enforcement. More specifically, ment experts, and transgender experts the CRS has facilitated thirty-seven in- reached agreements on the training dividual trainings across the country, content. It included three topics for dis- including sessions in Michigan, Mon- cussion: relevant terminology, miscon- tana, Ohio, Mississippi, Texas, Utah, ceptions that impact the prevention of California, and Arkansas, among others. and response to hate crimes, and strat- The trainings have been conducted in egies and resources for effective collab- jurisdictions large and small, rural and oration. With this content, the CRS, urban. In total, nearly 1,400 law enforce- with the help of law enforcement and ment officers, including patrol officers, transgender community experts, was training officers, supervisors, and exec- able to develop the training package and utives have been trained. curriculum. The training was vetted, ap- proved, and authorized by the highest TRAINING MODEL levels of the DOJ. The groundbreaking training pro- The CRS does not act as an expert in gram was launched nationally in March areas like cultural awareness or cul- 2014, during a formal ceremony, to an tural professionalism. Rather, the agen- audience of more than 200 people, in- cy’s training model utilizes vetted and cluding top DOJ officials, transgender trained experts to deliver training con- community leaders, law enforcement tent. The CRS relies on experts to aid in officials, and media. Deputy Attorney the development of cutting-edge train- General James M. Cole (2014) said, ing materials. This is a model the CRS has successfully used since the early . . . [the] CRS’s new training helps 2000s following the development of ensure that we in law enforce- Arab, Muslim, and Sikh (AMS) cultural ment proactively protect the professionalism training content. For civil rights of all persons, includ- the transgender community training, ing those who suffer from acts of experts include recognized transgender hate violence or discrimination community leaders, as well as law en- on the basis of his or her actual forcement officers with a record of suc- or perceived gender identity. . . cessful engagement with transgender At its most basic level, the new communities. training will provide tools to en- During the development process, hance an officer’s ability to build the CRS recognized the need to develop partnerships with community a “co-trainer model.” This unique train- members and to work with fel- ing model brings together transgender

VOLUME VI 2015–2016 17 experts and law enforcement officers percent of hate crimes against as co-trainers. The approach allows LGBTQ people were against trainees to hear from local experts, and trans women, 90 percent of visually demonstrates that proactive whom were transgender women partnerships between the transgender of color.53 community and law enforcement are both possible and mutually beneficial. Likewise, there is little doubt that train- The training package includes Pow- ing alone will address these complex erPoint presentations utilizing role-play issues. However, the CRS’s approach scenarios. These scenarios allow train- to training development, the agency’s ees to model skills in front of their peers, unique training model, and ongoing which replicates how officers learn situ- work to increase trust between law ational responses in the police academy. enforcement and transgender com- The package also includes handouts and munities are successful examples of col- a scenario-based training DVD. These laboration. tools represent various approaches for The CRS will continue to facilitate delivering the training to multiple au- cultural professionalism training for diences and allow law enforcement, law enforcement and community lead- transgender community advocates, city ers, and will also continue to work with leaders, and others to effectively use the transgender community members, law materials. enforcement, schools, and other stakeholders to help prevent and respond LOOKING FORWARD to violent hate crimes and build and strengthen local partnerships. Equally, There is little doubt that more needs to the CRS will work with federal, state, be done to improve relations between and local officials, and others to improve the transgender community and police, hate crimes reporting and to reduce and in the prevention of and response abuse, discrimination, intolerance, and to hate crimes. Trust between transgen- injustice. In 2016, the CRS will launch der communities and law enforcement two other training products related to remains low.52 Murders of transgender the transgender community: a scenar- and gender-nonconforming people in- io-based, roll call training video that creased in 2015. According to the Na- illustrates some of the most common tional LGBTQ Taskforce: ways law enforcement encounters members of the transgender community, and . . . twenty-three trans women a laminated pocket card for law enforce- and gender nonconforming ment with tips for successful interaction people [were] murdered in 2015. with the transgender community. Twelve other trans women of Communities need to be heard. color were reported murdered in This is especially true for communi- 2014. In 2013, where there were ties whose voices have been silenced or also twelve reported murders marginalized, communities subjected to of trans women of color, the violence or bias, and communities that National Coalition of Anti-Vio- live in fear of police. The CRS gives voice lence programs reported that 72 to communities large and small, which

18 LGBTQ POLICY JOURNAL is fundamental in addressing many of Kelly Collins-McMurry works for the these issues, and is the pathway toward Department of Justice’s Community Rela- community empowerment and trust. tions Service (CRS) in Washington, DC as Over the last fifty years, the CRS has a program analyst, focusing on the CRS’s done this through mediation, facilita- work under the Matthew Shepard and tion, and training. Most notably, the de- James Byrd, Jr. Hate Crimes Prevention velopment and delivery of the national Act. Collins-McMurry is a community re- Law Enforcement and the Transgender lations and communications professional Community training program filled a with dual backgrounds in law enforcement critical need and was an important step and journalism. She served as an openly toward healing transgender community lesbian police officer for the Metropolitan and police relations. The CRS’s work, Police Department in Washington, DC, along with the efforts of local police de- where she specialized in community re- partments and advocates, offers hope lations; gay, lesbian, bisexual, and trans- there will never be another Compton’s gender liaising; emergency and disaster Cafeteria Riot, and that transgender response assistance; media relations; and people will be better positioned to ful- civil disturbance and crowd control. fill their individual and collective prom- More recently, Collins-McMurry, along ise in a nation built on the premise of with her wife, Marcia, served as an inter- equality and justice for all. national civilian police officer with the UN’s peacekeeping missions in Haiti and Christopher “Kit” Chalberg works for Kosovo, where she was awarded medals for the Community Relations Service (CRS) of her service. Before becoming a police offi- the US Department of Justice. He is cur- cer, Collins-McMurry was a professional rently detailed as the agency’s program writer and editor for a number of special- development and training coordinator, ized publications, including Trial maga- where he leads the development of na- zine, Regardie’s magazine, and The Legal tional programs and training initiatives. Times newspaper. Prior to this assignment, Chalberg worked Collins-McMurry was awarded her as a conciliation specialist, providing bachelor of science degree in journalism, conflict resolution services to communi- summa cum laude, from Ohio University. ties experiencing conflict due to issues of She has received numerous letters of appre- race, color, and national origin, and in ciation for community policing, gay and response to bias and hate crimes based on lesbian liaising, and crime reduction. race, color, national origin, sexual orien- Collins-McMurry enjoys the beach and tation, gender identity, religion, disability, tropical travel, running, and walking her and gender. Prior to employment with the beloved Boston terrier and pug. A native CRS, he worked as a mental health coun- Midwesterner by way of Ohio and Illinois, selor and earned a graduate degree in con- she is now a diehard Baltimore Orioles fa- flict resolution and an advanced certificate natic, although she also quietly cheers for in alternative dispute resolution from the the Chicago Cubs. University of Denver. Chalberg lives in Denver, Colorado, with his wife Amberly.

VOLUME VI 2015–2016 19 DISCLAIMER 16. Ibid. 17. Ibid. 18. Grant, Jaime, et al., “Injustice at Every The views expressed in this article are Turn.” those of the individual authors. These 19. Chestnut, Shelby, Ejeris Dixon, and views do not necessarily represent the Chai Jindasurat, “Lesbian, Gay, Bisexual views of the Community Relations Ser- Transgender, Queer and HIV-Affected Hate vice, the United States Department of Violence in 2012,” National Coalition of Justice, or the US government. Anti-Violence Programs, 3 June 2013. 20. Ibid. ENDNOTES 21. Grant, Jaime, et al., “Injustice at Every Turn.” 1. Autumn Sandeen, “The Compton’s Cafe- 22. Fitzgerald, Erin, et al., “Meaningful teria Riot,” Gay and Lesbian Times, October Work.” 2010. 23. Jocelyn Samuels, “Commemorating the 2. Nicole Pasulka, “Ladies in The Streets: Fourth Anniversary of the Shepard-Byrd Before Stonewall, Transgender Uprising Hate Crime Prevention Act,” White House, Changed Lives,” NPR, 5 May 2015. 28 October 2013. 3. Ibid. 24. The Matthew Shepard and James Byrd, 4. Daniel Villarreal, “Before Stonewall, Jr. Hate Crimes Prevention Act of 2009, 18 There Was The Cooper’s Donuts and U.S.C. § 249 (2009). Compton’s Cafeteria Riots,” Queerty, 7 25. Lum, Grande, Francis Amoroso, and October 2011. Rosa Melende, “The U.S. Department of 5. Sandeen, “The Compton’s Cafeteria Justice Community Relations Service: As- Riot.” sisting Communities in Resolving Conflicts 6. Ken Harlin, “The Stonewall Riot and Its and Restoring Peace,” The Police Chief Vol. Aftermath.” Columbia University Starr East 80 (2013): 48–51. Asian Library, 1994. 26. Civil Rights Act of 1964, 42 U.S.C 2000g 7. Martin Duberman, Stonewall (New York: (1964). Penguin Books, 1993). 27. Lum, Amoroso, and Melende, “The U.S. 8. Charles Francis, “Perved: Eisenhower Department of Justice Community Rela- Anti-Gay Executive Order Turns 60,” The tions Service.” Huffington Post, 2 May 2013. 28. Ibid. 9. Josh Howard, “April 27, 1953: For LGBT 29. Ibid. Americans, a Day That Lives in Infamy,” 30. Ibid. The Huffington Post,27 April 2012. 31. Jennifer Brown, “Denver Jail Transgen- 10. Grant, Jaime, et al., “Injustice at Every der Policy a National Model,” The Denver Turn: A Report of the National Transgen- Post, 28 June 2015. der Discrimination Survey,” National Center 32. Denver Sheriff Department, Order for Transgender Equality and National Gay 4005.1, 6 June 2012. and Lesbian Task Force, 2011. 33. Ibid. 11. Ibid. 34. San Francisco Police Department 12. Ibid. (SFPD), General Order 5.18, 2008; SFPD, 13. “Suicide: Facts at a Glance,” Centers for Bulletin A-09-195 “Standards for Interac- Disease Control, 2015. tion with the Transgender Communities: 14. Fitzgerald, Erin, et al., “Meaningful Stops and Searches,” 2009; SFPD, Bulletin, Work: Transgender Experiences in the Sex A-09-218. “Standards for Interactions with Trade,” National Center for Transgender Transgender Communities: Arrest and Equality and Red Umbrella Project, Decem- Booking,” 2009; SFPD, General Order 5.17, ber 2015. 2011; SFPD, Bulletin A-09-195; SFPD, Bul- 15. Ibid.

20 LGBTQ POLICY JOURNAL letin C-13-021, “LGBT Safety Zone Project,” 2013. 35. SFPD, Bulletin C-13-021. 36. Los Angeles County Sheriff’s Office, Custody Division Manual 5-08/10.00, “Searches,” 2014. 37. Ibid. 38. “D.C.’s Gay and Lesbian Liaison Unit: In- novator’s Focus,” Harvard University, 2006. 39. Lou Chibbaro, “Trans Woman Named Head of D.C. Gay Police Unit.,” The Wash- ington Blade, 10 March 2015. 40. “Report of the Hate Crimes Prevention Task Force,” Hate Crimes Assessment Task Force, 2014. 41. Washington, DC Metropolitan Po- lice Department, General Order 501.02, “Handling Interactions with Transgender Individuals,” 2015. 42. Community Relations Service, “Fiscal Year 2014 Annual Report,” DOJ, 2015. 43. Community Relations Service, “Fiscal Year 2011 Annual Report,” DOJ, 2012. 44. Pasulka, “Ladies in The Streets.” 45. Ibid. 46. Community Relations Service, “Fiscal Year 2011 Annual Report.” 47. Community Relations Service, “Fiscal Year 2014 Annual Report.” 48. Crystal, Proxmire, “Detroit Police Announce LGBT Liaison.” Pride Source, 6 March 2014. 49. Community Relations Service, “Fiscal Year 2013 Annual Report,” DOJ, 2014. 50. Community Relations Service, “Fiscal Year 2012 Annual Report,” DOJ, 2013. 51. James M. Cole, “Deputy Attorney Gen- eral James M. Cole Delivers Remarks at the Community Relations Service Transgender Law Enforcement Training Launch,” DOJ, 27 March 2014. 52. Fitzgerald, Erin, et al., “Meaningful Work.” 53. “Stop Trans Murders,” LGBTQ National Taskforce, 11 April 2016.

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