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Queer (In)Justice: The Criminalization of LGBT People in the United States
Winner of the 2011 PASS (Prevention for a Safer Society) Award from the National Council on Crime and Delinquency
A groundbreaking work that turns a “queer eye” on the criminal legal system, Queer (In)Justice is a searing examination of queer experiences—as “suspects,” defendants, prisoners, and survivors of crime. The authors unpack queer criminal archetypes—like “gleeful gay killers,” “lethal lesbians,” “disease spreaders,” and “deceptive gender benders”—to illustrate the punishment of queer expression, regardless of whether a crime was ever committed. Tracing stories from the streets to the bench to behind prison bars, they prove that the policing of sex and gender both bolsters and reinforces racial and gender inequalities.
A groundbreaking work that turns a “queer eye” on the criminal legal system, Queer (In)Justice is a searing examination of queer experiences—as “suspects,” defendants, prisoners, and survivors of crime. The authors unpack queer criminal archetypes—like “gleeful gay killers,” “lethal lesbians,” “disease spreaders,” and “deceptive gender benders”—to illustrate the punishment of queer expression, regardless of whether a crime was ever committed. Tracing stories from the streets to the bench to behind prison bars, they prove that the policing of sex and gender both bolsters and reinforces racial and gender inequalities.
240 pages, Paperback
First published January 1, 2011
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April 28, 2012
I really wanted to be able to give this book five stars, because this is an extremely important subject that receives far to little attention. I'm giving it three stars, because I believe it doesn't competently handle the systematic criminalization of trans women.
The books analysis of the "T" in the criminalization of LGBT people was sadly disappointing. A significant source of the problem with how the criminalization of trans women is handled relates to the "queer" analytical lens that erases differences between queer sexuality, gender nonconformity and trans issues by treating all LGBT people the same. Trans people's lived experiences tend to get erased and marginalized by queer analysis, which relates to sexuality as opposed to being trans. What the book ends up doing is systematically confusing being trans with being gay.
This is further made problematic by using "gender nonconforming" as a synonym for trans. Unfortunately, the gender nonconformity of gay men and (butch) lesbians is discussed without making clear distinctions between trans and gender nonconforming people. In fact, the two are simply conflated with the authors easily going between them as if they are the same thing. What this ends up doing is inappropriately framing trans women as really gender nonconforming gay men. (Also, by referring to cis women as simply "women" and trans women as "transgender women" the book also normalized cis women while othering trans women.)
Thus the book reinforces a sort of flat, one dimensional line of trans people as uber-gays at the extreme fringes of homosexuality and gender nonconformity. But the issues trans women experience are not reducable to the simplistic "transgression" of heteronormative gender stereotypes. For instance, it's absurd to use gender nonconformity or transgression as the basis of the argument against housing trans women in male prisons. Similarly, trans women aren't denied access to women's shelters, which would provide alternatives to living on the street and reduce our chances of being picked up by the police for "quality of life" offenses, because we are somehow gender nonconforming. These issues, like other trans specific issues, have to do with the systematic assigning and regulation of "sex" designations by the state, which is uniquely an issue concerning the oppressive dominance of cis people (and not simply the gender binary) as the standard by which trans people's lives are controlled. That is, systematic cis supremacy and institutional cissexism means cis people can and will refuse to recognize us as women.
This is exactly why one can't discuss trans oppression (including criminalization) without discussing cissexism, cis privilege and cis supremacy. As long as cis authors, and it doesn't matter how queer they are, refuse to interrogate their own cisness they shouldn't attempt to speak as authorities on trans women's experiences.
The books analysis of the "T" in the criminalization of LGBT people was sadly disappointing. A significant source of the problem with how the criminalization of trans women is handled relates to the "queer" analytical lens that erases differences between queer sexuality, gender nonconformity and trans issues by treating all LGBT people the same. Trans people's lived experiences tend to get erased and marginalized by queer analysis, which relates to sexuality as opposed to being trans. What the book ends up doing is systematically confusing being trans with being gay.
This is further made problematic by using "gender nonconforming" as a synonym for trans. Unfortunately, the gender nonconformity of gay men and (butch) lesbians is discussed without making clear distinctions between trans and gender nonconforming people. In fact, the two are simply conflated with the authors easily going between them as if they are the same thing. What this ends up doing is inappropriately framing trans women as really gender nonconforming gay men. (Also, by referring to cis women as simply "women" and trans women as "transgender women" the book also normalized cis women while othering trans women.)
Thus the book reinforces a sort of flat, one dimensional line of trans people as uber-gays at the extreme fringes of homosexuality and gender nonconformity. But the issues trans women experience are not reducable to the simplistic "transgression" of heteronormative gender stereotypes. For instance, it's absurd to use gender nonconformity or transgression as the basis of the argument against housing trans women in male prisons. Similarly, trans women aren't denied access to women's shelters, which would provide alternatives to living on the street and reduce our chances of being picked up by the police for "quality of life" offenses, because we are somehow gender nonconforming. These issues, like other trans specific issues, have to do with the systematic assigning and regulation of "sex" designations by the state, which is uniquely an issue concerning the oppressive dominance of cis people (and not simply the gender binary) as the standard by which trans people's lives are controlled. That is, systematic cis supremacy and institutional cissexism means cis people can and will refuse to recognize us as women.
This is exactly why one can't discuss trans oppression (including criminalization) without discussing cissexism, cis privilege and cis supremacy. As long as cis authors, and it doesn't matter how queer they are, refuse to interrogate their own cisness they shouldn't attempt to speak as authorities on trans women's experiences.
October 2, 2012
This book is excellent. It was a "hard" read mostly because it is obviously not the most uplifting subject matter. This book is a grim reminder that we have come a long way but really not as far as we think and being able to marry is awesome but we can't forget about other "rights" either. I am talking about basic human rights (so called "gay rights" are basic human rights, period. Sorry if you do not get that.) and being treated equally under the law and in our courts and yes even in our prisons not just mainstream acceptance. We have to stop punishing people who do not fit society's norms (gender or otherwise) whether they be LGBT or straight. We have to stop thinking that because someone is different then they must be up to something criminal or out to get us all or make LGBT look bad. We also have to understand that some of us "get into trouble with the law" (gasp) and we should be treated equally in our courts and prisons and not worse or forced to be humiliated or abused or even worse assumed automatically guilty cause we do not fit some impossible white male hetero-normative world view or ideal. We all have to stop "blaming the victim" as well. I think this book should be required reading for all in law enforcement and legal professions.
November 20, 2012
from my review in Monthly Review:
Rest of my review at: http://monthlyreview.org/2012/11/01/q...
In 1513, en route to Panama, Spanish conquistador Vasco Nunez de Balboa ordered forty Quaraca men to be ripped apart by his hunting dogs. Their offense? Being “dressed as women” and having sexual relations with each other. The homophobia and transphobia behind Balboa’s actions are far from arcane relics of the past, and violence against LGBTQ people continues to this day, both legally sanctioned and in the streets.
In 2008, Duanna Johnson, a black transgender woman, was arrested for a prostitution-related offense in Memphis. At the jail, she was brutally beaten by a police officer. Her beating was caught on videotape, leading to the firing of two officers. Johnson filed a civil suit against the police department but, less than six months later, was found shot in the head a few blocks from her house. This was the third killing of a black transgender woman in Memphis in 2008 alone, and her murder remains unsolved.
Queer (In)Justice examines the violence that LGBTQ people face regularly, from attacks on the street to institutionalized violence from police and prisons. The three authors are long-time advocates and attorneys who work directly with people impacted by incarceration. Joey L. Mogul, a partner at Chicago’s People’s Law Office and Director of the Civil Rights Clinic at DePaul University, has advocated for LGBTQ people ensnared in the criminal legal system. Andrea Ritchie is a police misconduct attorney, organizer, and coordinator of Streetwise and Safe, a New York City organization focused on gender, race, sexuality, and poverty-based policing and criminalization of LGBTQ youth of color. Kay Whitlock has worked for almost forty years to build bridges between LGBTQ struggles and movements fighting for racial, gender, economic, and environmental justice. Together, they center race, class, and gender/gender nonconformity in analyzing the myriad ways in which LGBTQ people have been policed, prosecuted, and punished from colonial times to the present day.
Rest of my review at: http://monthlyreview.org/2012/11/01/q...
July 2, 2023
3.5 rounded up
Super important book, and I appreciated that it felt like the author really took an intersectional approach to the topic. However, it's quite dense and repetitive, and sort of just unrelentingly depressing. I certainly felt the criminalization of queer people in the USA came across very clearly, but the conclusion of the book felt a little underdeveloped.
Super important book, and I appreciated that it felt like the author really took an intersectional approach to the topic. However, it's quite dense and repetitive, and sort of just unrelentingly depressing. I certainly felt the criminalization of queer people in the USA came across very clearly, but the conclusion of the book felt a little underdeveloped.
December 1, 2023
Queer (In)Justice is an exploration of the systemic discrimination faced by LGBTQ+ individuals within the criminal justice system. This groundbreaking work, co-authored by Joey L. Mogul, Andrea J. Ritchie, and Kay Whitlock, unveils the harsh realities that often lurk in the shadows of our legal framework. The authors deftly blend meticulous research with compelling personal narratives, shedding light on the intersecting oppressions faced by queer and trans people, especially those of color. The narrative skillfully dissects how law enforcement perpetuates gender-based violence against these communities and scrutinizes the biased legal structures that fail to protect them. The authors delve into specific cases, such as the unjust arrests of LGBTQ+ individuals and the alarming rates of violence they endure in correctional facilities. With vivid prose and a keen eye for detail, Queer (In)Justice transforms legal jargon into a gripping call to action. This book is not only an eye-opener but also a catalyst for change. A resounding five stars accompany this compelling masterpiece, a must-read for anyone seeking a profound understanding of the urgent need for justice reform in LGBTQ+ communities.
April 1, 2011
This is, as far as I'm concerned, a must read.
It's a sharp analysis of the criminalization of sexual diversity and gender variance, and centers the experiences of people of color, people living in poverty, immigrants, and trans women and men. The writing is very concrete, with lots of stories and evidence to back up the authors' critiques. Really sharply written and thoroughly researched, and its obvious that the authors are activists who are working on these issues and interacting with queer communities directly, not studying them from afar.
The reason I'm only giving it four stars instead of five, however, is that there wasn't enough attention paid to the ways in which the, uh, gaystream has played a role in denying rights to criminalized people, especially trans women, people who do sex work, and immigrants. Although they touch on this a bit in the last chapter when comparing responses to the Matthew Shepard murder to responses to the Duanna Johnson beating and murder, it's a missed opportunity. The Duanna Johnson didn't get the kind of attention the Matthew Shepard case did not just because they media glommed onto the Shepard story, but also because LGB rights groups did not make enough noise about the Johnson case.
I'll leave you with this quote, an important thing to chew on:
"Yet as LGBT movements have institutionalized, visions of queer liberation have been tamed into a narrow rhetoric of equality within existing systems rahter than challenges to the systemic violence and oppression they produce. ... Ruthann Robinson puts it bluntly: "LGBT rights" agendas are premised on an understanding that "distance from criminality is a necessary condition of equality.""
It's a sharp analysis of the criminalization of sexual diversity and gender variance, and centers the experiences of people of color, people living in poverty, immigrants, and trans women and men. The writing is very concrete, with lots of stories and evidence to back up the authors' critiques. Really sharply written and thoroughly researched, and its obvious that the authors are activists who are working on these issues and interacting with queer communities directly, not studying them from afar.
The reason I'm only giving it four stars instead of five, however, is that there wasn't enough attention paid to the ways in which the, uh, gaystream has played a role in denying rights to criminalized people, especially trans women, people who do sex work, and immigrants. Although they touch on this a bit in the last chapter when comparing responses to the Matthew Shepard murder to responses to the Duanna Johnson beating and murder, it's a missed opportunity. The Duanna Johnson didn't get the kind of attention the Matthew Shepard case did not just because they media glommed onto the Shepard story, but also because LGB rights groups did not make enough noise about the Johnson case.
I'll leave you with this quote, an important thing to chew on:
"Yet as LGBT movements have institutionalized, visions of queer liberation have been tamed into a narrow rhetoric of equality within existing systems rahter than challenges to the systemic violence and oppression they produce. ... Ruthann Robinson puts it bluntly: "LGBT rights" agendas are premised on an understanding that "distance from criminality is a necessary condition of equality.""
June 17, 2017
Great short book on the topics described. Many queers and/or trans folks will not find many of the accounts detailed to be surprising, but the book is written in a way that it flows well and remains interesting. Despite the difficult subject matter, I didn't find it to be an unbalanced trauma porn book. I think it has one of the better analyses I've read of the problems with hate crimes legislation and increasing the power of the state. I would feel comfortable giving this to people, queer or not, who needed education on these topics.
The only reason this book doesn't get 5 stars is that disability appeared maybe twice in the entire book. Disabled lgbtq folks make up a large amount of people harmed by the system. There was a lot of talk of stereotypes that lgbtq folks are seen as deranged but we walk a fine line with calling attention to those stereotypes if we don't also call attention to the ableism in them (e.g. It can come off as saying "trans people aren't crazy like those dangerous crazy people!" Folks with disabilities are far more likely to be victims of violence than they are to be violent.)
The only reason this book doesn't get 5 stars is that disability appeared maybe twice in the entire book. Disabled lgbtq folks make up a large amount of people harmed by the system. There was a lot of talk of stereotypes that lgbtq folks are seen as deranged but we walk a fine line with calling attention to those stereotypes if we don't also call attention to the ableism in them (e.g. It can come off as saying "trans people aren't crazy like those dangerous crazy people!" Folks with disabilities are far more likely to be victims of violence than they are to be violent.)
August 6, 2011
"We live in a country [and world] where heteronormativity, the system of framing heterosexuality-- constrained within a nuclear family structure and shaped by raced, classed, and rigidly dichotomous constructions of gender-- is predicated as fundamental to society, and as the only "natural" and accepted form or sexual and gender expression. Daily exposure to white supremacist, colonial, patriarchal, gendered and heterosexual norms, reinforced in infinite ways, consciously and unconsciously over hundreds of years, can literally change how we are able to think about these issues.
Queer, transgendered and gender-nonconforming people are threatening because they place in question "identities previously conceived as stable, unchallengeable, grounded and 'known','" which serve as critical tools of heterosexist culture. When [people] feel challenged in engaging in the rigid classification of individuals as male and female, gay and straight, an individual's mere presence in public spaces is experienced as a disruption of the social order."
Rise up and fight.
Power to the People.
Queer, transgendered and gender-nonconforming people are threatening because they place in question "identities previously conceived as stable, unchallengeable, grounded and 'known','" which serve as critical tools of heterosexist culture. When [people] feel challenged in engaging in the rigid classification of individuals as male and female, gay and straight, an individual's mere presence in public spaces is experienced as a disruption of the social order."
Rise up and fight.
Power to the People.
August 5, 2012
I had hoped that this book would be the gay equivalent of Michelle Alexander's stellar "The New Jim Crow," but it's not. It lacks the measured and systematic structure of that book, as well as its style. The research in "(In)Justice" is fantastic and fascinating, but it fails to cohere as either a work of argument or a work of advocacy.
October 31, 2011
a must for anyone seeking a comprehensive yet very readable analysis of the subjugation and ciminalization of queer folks.
May 1, 2019
I rated this book 3 stars mainly for the importance of the content. Honestly, it was a little hard for me to read because it read like an essay and the subject was of course depressing. I found myself feeling disoriented at times by the flow of the book and sometimes the same thing was repeated several times even if it was in slightly different ways. I assume this was to drive the point home but I found myself wondering "Didn't I just read about that?". I think the book could have been condensed into a large essay, a smaller book (it's already fairly short), or a research paper.
May 2, 2023
a comprehensive telling of the history between queerness and criminalization. invigoratingly hopeful at some points, and completely crushing in others. i loved the perspective they had to offer. and i appreciate their commitment to creating new systems rather than settling for “justice” within our current ones. a great starting point for those interested in this topic! provides great references to scholars, texts, and organizations
June 8, 2020
This is a phenomenal, heavily source book detailing the criminalization of LGBTQ+ people in the United States, dating from the beginning of American colonization to present day. Wonderfully written and an excellent resource that is just as timely now as it was when it was written almost ten years ago.
Read
November 28, 2024I'm reading this over 12 years after it was published so much has evolved and changed since then (especially in regards to language) but much has not. This provides a good history of the oppression of queer people by the criminal-legal system. An entire book could and should be written on the systemic oppression of trans women, and this book covers some though it is not comprehensive. There are numerous rather brutal anecdotes which are hard to read but important to know. I was looking for some basic history to share with a class I teach and I found this to be fitting. It is short though well researched - I would love to read an updated version.
June 17, 2013
The authors of Queer (In)Justice set out to prove two complementary theses. The first deals with the tendency of the "criminal legal system" to deal more harshly with LGBT citizens than with others, and to assume guilt or criminality on the basis of that orientation/identity. It is difficult, based on the evidence they produce, to disagree on this point.
The second thesis is equally compelling, although less thoroughly argued or defended: within the LGBT community at large, LGBT individuals who also belong to minorities are both more persecuted by the legal system and, largely, ignored by LGBT rights groups in favor of the more easily defensible white gay male. In fairness, this second point is harder to demonstrate due to the susceptibility of minority status in general to such discrimination, but even so, the authors choose somewhat weak targets: for example, increased violence toward LGBT Muslims in the aftermath of 9/11 may have little to do with their LGBT identities and much to do with their overarching religious or ethnic backgrounds. There may be a case here to be made, but a choice of less ambiguous examples would be warranted in order to make it.
In any case, whether or not the second hypothesis is warranted, the first in itself demands attention. The authors highlight specifically the weaknesses inherent in the dominant "hate crime" approach to dealing with anti-LGBT violence: giving enhanced punishment capability to law enforcement is pointless if it is law enforcement that ignores these crimes in the first place.
They conclude:
"The choice to pursue strategies that rely on increased policing and punishment to produce safety for queers requires a leap of faith that the system can and will be able to distinguish between the "good” or reputable gay, lesbian, or transgender victim and the “bad,” presumptively criminalized queers. Such faith is deeply misplaced” (p. 146).
Since the LGBT community cannot rely on legal institutions to provide for their security, the authors argue, it is necessary for the LGBT community to create innovative ways of protecting (and policing) itself. They point to action groups that are networking with local businesses to establish Safe Spaces and Safe Havens as unofficial refuges for victims of anti-LGBT violence, and developing HIV/AIDS education and support mechanisms within the American penitentiary system. The only way to get out of the box LGBT individuals have been placed in by the structural deficiencies of the criminal legal system, they argue, is to think outside of it.
Queer (In)Justice is a fascinating and extremely disturbing, yet totally indispensable read, and gives important insight into the plight of the LGBT community in the United States and the extent to which they continue to struggle for equality before the law. As the authors seek to illustrate, LGBT inequality goes far, far beyond the issue of marriage; in many ways, they argue, that is the least of their concerns.
The second thesis is equally compelling, although less thoroughly argued or defended: within the LGBT community at large, LGBT individuals who also belong to minorities are both more persecuted by the legal system and, largely, ignored by LGBT rights groups in favor of the more easily defensible white gay male. In fairness, this second point is harder to demonstrate due to the susceptibility of minority status in general to such discrimination, but even so, the authors choose somewhat weak targets: for example, increased violence toward LGBT Muslims in the aftermath of 9/11 may have little to do with their LGBT identities and much to do with their overarching religious or ethnic backgrounds. There may be a case here to be made, but a choice of less ambiguous examples would be warranted in order to make it.
In any case, whether or not the second hypothesis is warranted, the first in itself demands attention. The authors highlight specifically the weaknesses inherent in the dominant "hate crime" approach to dealing with anti-LGBT violence: giving enhanced punishment capability to law enforcement is pointless if it is law enforcement that ignores these crimes in the first place.
They conclude:
"The choice to pursue strategies that rely on increased policing and punishment to produce safety for queers requires a leap of faith that the system can and will be able to distinguish between the "good” or reputable gay, lesbian, or transgender victim and the “bad,” presumptively criminalized queers. Such faith is deeply misplaced” (p. 146).
Since the LGBT community cannot rely on legal institutions to provide for their security, the authors argue, it is necessary for the LGBT community to create innovative ways of protecting (and policing) itself. They point to action groups that are networking with local businesses to establish Safe Spaces and Safe Havens as unofficial refuges for victims of anti-LGBT violence, and developing HIV/AIDS education and support mechanisms within the American penitentiary system. The only way to get out of the box LGBT individuals have been placed in by the structural deficiencies of the criminal legal system, they argue, is to think outside of it.
Queer (In)Justice is a fascinating and extremely disturbing, yet totally indispensable read, and gives important insight into the plight of the LGBT community in the United States and the extent to which they continue to struggle for equality before the law. As the authors seek to illustrate, LGBT inequality goes far, far beyond the issue of marriage; in many ways, they argue, that is the least of their concerns.
September 21, 2013
What a mess this book is! I wanted to read this or something like it, after reading about the abuse of gays by San Francisco law enforcement in Randy Shilts' The Mayor of Castro Street. The book failed in so many ways to present a case for the state of affairs, perhaps because it had three authors and they were all so passionate about their subject that they couldn't control themselves. The beginning part of the book is particularly poorly done. (Because all three authors co-wrote it?) It jumps all over the place, making points, supposedly about injustices to gays, by pointing out examples of injustice to blacks and other minorities. (Huh?) And it does that while failing to point out many key nuances of those injustices to blacks that are easily learned by studying the literature readily out there. Certainly, there are several examples of LGBT injustices given, many quite memorable and to the point, but there are inadequate statistics to give backing to those examples. In the end, this should have been no more than an extended magazine article plus a booklet for handout to persons interested in the topic. The book does make a very key point about the connection between the perceived "deviance" of LGBT lifestyles and what then becomes the presumed "illegality" of anything LGBT people do. But what about the questions of why religion has a fetish with homosexuality abuse or why so many homophobic people go into law enforcement and other related questions that are never approached in this book? After reading this, I'm not sure the book I'm looking for even exists yet.
March 17, 2024
A pretty solid text overall that excels at outlining the criminalisation of sexuality, however whilst I appreciate restraint from using LGBT categories as objective and opting for a more general view of queerness, I think that did lead to underwhelming depth when it came to transness, mental health, disability, psychiatric institutions etc. Still a very good book, just not in the depth I was hoping for.
August 19, 2011
Thoroughly reveals how LGBT rights are civil rights and explains in detail how the intersection of race, class, and gender performance negatively affects members of the LGBT community through systemic racism and homophobia codified in the criminal justice system—everything from local laws, the police, lawyers, judges, juries, and especially prisons—and through social stigmas within their own individual families, respective communities, and in society.
January 6, 2015
3.5. Easy and informative read. Would have liked to seen more focus on problems exclusively surrounding gender minorities, as it felt a bit LGb(t) you know? But otherwise this book was effective in discussing intersectionality, especially regarding queer poc, and in discussing the terrible truths of LGBT discrimination in American society - and by extension(?), Western society. Overall, a good and insightful read.
June 9, 2017
Lot of important info related to the treatment of our community.
November 5, 2017
Really important read - I was also impressed by how well the book addressed intersectionality, especially relating to POC, Indigenous, and immigrant populations.
May 28, 2025
Real Rating: 3.5* of five
Back in the innocent days of 2020, when I received it, this was a mind-blowing read. In 2025, a mere five years later, its infelicities are brought into sharp relief by the spotlight the current US regime is shining on issues of social justice by trampling on, trying to bury, and (where possible) expunge progress made.
I have trans friends and family members. I'm guessing that was either not the case for the authors, or they simply did not delve deeply into those folks' experience. Importantly, though it might seem trivial to some, referring to trans women as "trans" and cisgender women as "women" just perpetuates their othering. The terms "gender non-conforming" and "genderqueer" are not synonyms for "transgender." "Genderqueer" is a different thing, its own category of queerness. I grant you that, when I first saw it codified in the 1990s, it did not have the sense of meaning it does now. "Gender non-conforming" includes anyone, cisgender or even heterosexual, whose manner of self-presentation falls on the edges or outside of a specific culture'e gender norms.
It is a case of the times being unkind to a solidly researched and competently argued (and footnoted!) work of scholarship.
That lacuna, addressable if Beacon Press brings out a second edition of this thirteen-year-old work, aside, I have the greatest respect for this genuinely informative scholarly examination of why decriminalization of same-sex sexual acts is only one small step for humankind. It is a project worth examining in the current horrifying recrudescence of the intolerant ignorance of our never-distant past. When frightened by change, humans routinely find scapegoats and the cynical, power-hungry would-be tyrants feed that base, appallingly cruel need in our ape-brained characters.
An admirable facet of this treatment of the legal system's weaponization of power is that it never isolates the causes of victimization. Race, biological sex however expressed, and socioeconomic class are all very explicitly brought into the conversation. The extent of violence against transfem and gender non-conforming queer men around the world...I'm specifically thinking of the violence committed on the US-Mexico border, though it is by no means the only place this occurs...is often exacerbated by socioeconomic pressures leading these vulnerable people into prostitution. No such threats of violence appertain to their clients. Why would that be, if it is the act of having sex with another man that is being scapegoated here?
I'll leave that thought to marinate with y'all.
In many ways it is the abolitionist movement's intersection with queer-rights groups that powerfully reinforce each other's main thrust: Reform. The system is, as the looneys on the political right constantly complain, rigged. They do not see that it's been rigged for a purpose, and that purpose is also served by impoverishing and immiserating them. Reform for selectively applied to benefit some and exclude others is the antithesis of fairness, justice, equitable distribution...all those things everyone likes until the language they're couched in gets politicized.
Back in the innocent days of 2020, when I received it, this was a mind-blowing read. In 2025, a mere five years later, its infelicities are brought into sharp relief by the spotlight the current US regime is shining on issues of social justice by trampling on, trying to bury, and (where possible) expunge progress made.
I have trans friends and family members. I'm guessing that was either not the case for the authors, or they simply did not delve deeply into those folks' experience. Importantly, though it might seem trivial to some, referring to trans women as "trans" and cisgender women as "women" just perpetuates their othering. The terms "gender non-conforming" and "genderqueer" are not synonyms for "transgender." "Genderqueer" is a different thing, its own category of queerness. I grant you that, when I first saw it codified in the 1990s, it did not have the sense of meaning it does now. "Gender non-conforming" includes anyone, cisgender or even heterosexual, whose manner of self-presentation falls on the edges or outside of a specific culture'e gender norms.
It is a case of the times being unkind to a solidly researched and competently argued (and footnoted!) work of scholarship.
That lacuna, addressable if Beacon Press brings out a second edition of this thirteen-year-old work, aside, I have the greatest respect for this genuinely informative scholarly examination of why decriminalization of same-sex sexual acts is only one small step for humankind. It is a project worth examining in the current horrifying recrudescence of the intolerant ignorance of our never-distant past. When frightened by change, humans routinely find scapegoats and the cynical, power-hungry would-be tyrants feed that base, appallingly cruel need in our ape-brained characters.
An admirable facet of this treatment of the legal system's weaponization of power is that it never isolates the causes of victimization. Race, biological sex however expressed, and socioeconomic class are all very explicitly brought into the conversation. The extent of violence against transfem and gender non-conforming queer men around the world...I'm specifically thinking of the violence committed on the US-Mexico border, though it is by no means the only place this occurs...is often exacerbated by socioeconomic pressures leading these vulnerable people into prostitution. No such threats of violence appertain to their clients. Why would that be, if it is the act of having sex with another man that is being scapegoated here?
I'll leave that thought to marinate with y'all.
In many ways it is the abolitionist movement's intersection with queer-rights groups that powerfully reinforce each other's main thrust: Reform. The system is, as the looneys on the political right constantly complain, rigged. They do not see that it's been rigged for a purpose, and that purpose is also served by impoverishing and immiserating them. Reform for selectively applied to benefit some and exclude others is the antithesis of fairness, justice, equitable distribution...all those things everyone likes until the language they're couched in gets politicized.
June 26, 2023
5/5 short but not too dense read that provides a good balance of (traumatic) examples of how queer people are criminalized and also dives into systemic injustices and violence in the US criminal legal system depending on your race, class, sex, and gender presentation.
The chapters I found to be most interesting:
1.) Prisons as inherently queer spaces
The author explains that prisons are a space in which "deviance from gender and sexual norms is punished through sexual systemic violence, forced segregation, the denial of sexual and gender expression, and failure to provide medically necessary treatment for conditions deemed queer." In prisons there is the magnified policing and punishment of sexual and gender nonconformity through harassment and violence from guards as well as other prisoners. In male prisons especially, proving your "masculinity" is essential to not being assaulted by other inmates who may see you as weaker.
2.) Pitfalls of national and main LGBT advocacy
From the rainbow capitalism that it offers to the stark lack of critique and acknowledgement of policing of queer folx, LGBT groups largely ignore issues related to prison reform. There definitely are many grassroots organizations doing great work to address these issues, but the mainstream groups are definitely are often white middle class centric as we have also seen in many other movements.
3.) Maintaining queer spaces in the US
I have been thinking a lot about why there are so few gay and lesbian bars in the US and how hard it is to maintain these spaces, but I think this book helped further clarify why this might be ie. they are constantly facing systemic violence and discrimination especially at the hands of the police (especially those that are predominantly Black or Latino as queer spaces are quite heavily segregated). I also found the section on queer criminal archetypes to be really interesting, especially how queer POCs are often hypersexualized and painted in the media/courts.
The chapters I found to be most interesting:
1.) Prisons as inherently queer spaces
The author explains that prisons are a space in which "deviance from gender and sexual norms is punished through sexual systemic violence, forced segregation, the denial of sexual and gender expression, and failure to provide medically necessary treatment for conditions deemed queer." In prisons there is the magnified policing and punishment of sexual and gender nonconformity through harassment and violence from guards as well as other prisoners. In male prisons especially, proving your "masculinity" is essential to not being assaulted by other inmates who may see you as weaker.
2.) Pitfalls of national and main LGBT advocacy
From the rainbow capitalism that it offers to the stark lack of critique and acknowledgement of policing of queer folx, LGBT groups largely ignore issues related to prison reform. There definitely are many grassroots organizations doing great work to address these issues, but the mainstream groups are definitely are often white middle class centric as we have also seen in many other movements.
3.) Maintaining queer spaces in the US
I have been thinking a lot about why there are so few gay and lesbian bars in the US and how hard it is to maintain these spaces, but I think this book helped further clarify why this might be ie. they are constantly facing systemic violence and discrimination especially at the hands of the police (especially those that are predominantly Black or Latino as queer spaces are quite heavily segregated). I also found the section on queer criminal archetypes to be really interesting, especially how queer POCs are often hypersexualized and painted in the media/courts.
June 25, 2021
It's important to contextualize this book in the time it was published. This book is from 2011 and does not account for the past ten years. However, it is an important study in how queer people are treated in the criminal justice system. This book shows us just how unsafe it is to be gay, queer, POC, and/ or gender non-conforming in America, and how our political climate has affected and changed the treatment of queer people in the last hundred years. As a queer person trying to learn about the history of my community, I think this is an essential read to understand what our community has had to do to survive and to seek out equity. If anything, I think this book is a little repetitive and maybe, wouldn't appeal to the people who NEED to read it. I.e. right-wing, blue-lives-matter touting, gay-hating people.
I really appreciate that the authors pointing out that POC queers and immigrant queers are in more danger than white queers. And, in fact, are often abused by white queers, their families, and police. The authors will not let you forget the hierarchy in the queer community, how it was forced on us, and also how we are perceived by non-queer folk. I had never before thought of prisons as queer places, but now I understand the ways in which queers are abused in prisons, how queerness is viewed in prison, and the amount of victim blaming that occurs. It's really very upsetting and scary and I highly recommend reading it if you need to contextualize the abuse the LGBTQ+ has faced.
I really appreciate that the authors pointing out that POC queers and immigrant queers are in more danger than white queers. And, in fact, are often abused by white queers, their families, and police. The authors will not let you forget the hierarchy in the queer community, how it was forced on us, and also how we are perceived by non-queer folk. I had never before thought of prisons as queer places, but now I understand the ways in which queers are abused in prisons, how queerness is viewed in prison, and the amount of victim blaming that occurs. It's really very upsetting and scary and I highly recommend reading it if you need to contextualize the abuse the LGBTQ+ has faced.
February 10, 2021
"The choice to pursue strategies that rely on increased policing and punishment to produce safety for queers requires a leap of faith that the system can and will be able to distinguish between the 'good' or reputable gay, lesbian, or transgender victim and the 'bad,' presumptively criminalized queer. Such faith is deeply misplaced."
This is a brutal but necessary read. It doesn't pull any punches when it comes to presenting the horrifying circumstances people have been confronted with based on hate and prejudice toward their sexual orientation or gender identity. When that hate and prejudice collides with the toxicity of policing and imprisonment in America, the results are often deadly and, if not, irrevocably life-altering. Unfortunately, this book only scratches the surface of the countless injustices that have occurred, which is an incredibly sobering realization. This is probably one of the best cases for prison and police abolition I've read yet. The examples alone make it clear that the existing structures cannot be reformed. It is simply not possible to ensure sexual, racial, and gender equality in a setting that is inherently built on and for the basis of oppression.
This is a brutal but necessary read. It doesn't pull any punches when it comes to presenting the horrifying circumstances people have been confronted with based on hate and prejudice toward their sexual orientation or gender identity. When that hate and prejudice collides with the toxicity of policing and imprisonment in America, the results are often deadly and, if not, irrevocably life-altering. Unfortunately, this book only scratches the surface of the countless injustices that have occurred, which is an incredibly sobering realization. This is probably one of the best cases for prison and police abolition I've read yet. The examples alone make it clear that the existing structures cannot be reformed. It is simply not possible to ensure sexual, racial, and gender equality in a setting that is inherently built on and for the basis of oppression.
November 26, 2022
This book was hard to read. It goes into a lot of horrific detail, and you are left to wonder how people can be so gruesome to each other and whether the entire police force are all bad apples or if most of them seem to reside and work in Chicago.
It’s a book about the application and limitations of the law, how they are (mis)treated by the law and law enforcers, and how society and the law fails them every time - to the point that they are continuously exploited and victimized by the very constructs that should be protecting them (though any BIPoC knows that laws only apply to the privileged classes, which include those who are Blue, or maybe more accurately, especially those who wear blue).
Anyone with a soul should, hopefully, walk away from this book with even a smidgeon of compassion for the LGBT. But that’s partially the point - that homophobes cannot see past their hate and into the faces of the people they terrorize…that they, the homophobic, are the monsters we need to hide from or confront.
If I could change one thing about the book, it would be to have it updated. This was written before Obergefell, and it’s just over ten years old. I’d like to know where we are on stats since then.
It’s a book about the application and limitations of the law, how they are (mis)treated by the law and law enforcers, and how society and the law fails them every time - to the point that they are continuously exploited and victimized by the very constructs that should be protecting them (though any BIPoC knows that laws only apply to the privileged classes, which include those who are Blue, or maybe more accurately, especially those who wear blue).
Anyone with a soul should, hopefully, walk away from this book with even a smidgeon of compassion for the LGBT. But that’s partially the point - that homophobes cannot see past their hate and into the faces of the people they terrorize…that they, the homophobic, are the monsters we need to hide from or confront.
If I could change one thing about the book, it would be to have it updated. This was written before Obergefell, and it’s just over ten years old. I’d like to know where we are on stats since then.
January 15, 2025
I found this meticulously researched work to be a powerful and eye-opening examination of the American criminal justice system's treatment of LGBT people. The authors masterfully weave historical analysis with contemporary cases, demonstrating how stereotypes and prejudices have shaped law enforcement practices and judicial decisions over time. What makes this book particularly compelling is its intersectional approach, exploring how race, class, and gender identity compound discrimination within the criminal legal system.
Mogul, Ritchie, and Whitlock don't just document injustices – they provide a comprehensive analysis of systemic patterns, from police profiling to discriminatory court practices. Their thorough examination of the "gay panic" and "trans panic" defenses is particularly illuminating. While the subject matter is undeniably heavy, the authors present their findings with clarity and scholarly rigor that makes this work essential reading for anyone interested in criminal justice reform or LGBT rights.
My only wish is that they had included more discussion of potential solutions, though the groundwork they lay for understanding these systemic issues is invaluable for informing future reform efforts.
Mogul, Ritchie, and Whitlock don't just document injustices – they provide a comprehensive analysis of systemic patterns, from police profiling to discriminatory court practices. Their thorough examination of the "gay panic" and "trans panic" defenses is particularly illuminating. While the subject matter is undeniably heavy, the authors present their findings with clarity and scholarly rigor that makes this work essential reading for anyone interested in criminal justice reform or LGBT rights.
My only wish is that they had included more discussion of potential solutions, though the groundwork they lay for understanding these systemic issues is invaluable for informing future reform efforts.
December 2, 2017
Some of the information is redundant, but this book does a great job of explaining how criminal archetypes of LGBT people influence the way they are treated in the court system and in the jail/prison system. This book also explains how the criminal archetypes of LGBT people affect the way police officers treat them. My only criticism is that the information in this book is extremely redundant and depressing. Although the statistics and studies are accurate, one can easily end up reading this book and thinking that there is no hope that things have gotten better for LGBT people if we only see statistics and instances where we are still being mistreated. It isn't until the last chapter where the authors finally talk about contemporary groups and organizations that are working to end unreasonable criminalizing of LGBT people, so if you are looking for a shining beacon of hope skip forward to the last chapter. At the same time, this book can be very educational for people who are not familiar with the everyday ways that LGBT people are discriminated against by police, court officials and the prison system so I'm giving this 3 stars.
October 14, 2020
I would say that this book offers a startling, often rambling-esque account of the criminal justice system's oppression of queer communities across the system of power. However, I would say that the authors fall short in two areas: a more in-depth look at the creation of this system of power ( and its maintenance through capitalism) and on trans women's experience. This book seems to be heavily focused on the injustices of LG individuals yet falls flat for a thorough interrogation of TQ+ oppression. For this, I wanted to give a 3.5 but rounded up. I see this as a limitation of the work that prevents a full account of these experiences.
Overall, if you are new to studying this area and want to learn more to get engaged, I would recommend this book. I would not consider it on-par with similar accounts of criminal justice books (such as Alexander's "The New Jim Crow"); however, it is still worth reading for all persons.
Overall, if you are new to studying this area and want to learn more to get engaged, I would recommend this book. I would not consider it on-par with similar accounts of criminal justice books (such as Alexander's "The New Jim Crow"); however, it is still worth reading for all persons.
December 19, 2022
Using a "like" system to rate a book doesn't always work for me, as with this book. You don't like the things that have caused a need for this book, but you can like that it's attempting to do something about them. It will hurt your heart at times. I think this is a good starting place for those who are interested in social justice solutions to the current American legal system, from policing to the courts to incarceration. What I read as the main point of the book is that changing laws is not enough when the entire system in which those laws operate is failing so many, and always has failed them. At best those laws are a groundwork for dismantling and rebuilding a system that works for everyone. If you're looking to be handed solutions, look elsewhere. Rather, this book gives you starting points: background, history, individual cases, organizations and people working to change the system.
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