National Center for Transgender Equality

Keywords: Juvenile Justice; Legal Advocacy; Policy; PREA; Secure Facilities; Transgender Youth

The courts are increasingly recognizing legal protections for transgender and LGBTQ prisoners, and the federal government adopted landmark regulations, known as the PREA Standards, that provide critical protections for LGBTQ people and others vulnerable to violence in prisons. More and more corrections agencies are paying attention—and many are now adopting new policies aimed at protecting LGBTQ prisoners. While there is still a huge amount of work to be done to reduce the harms that LGBTQ people and others face behind bars—and to keep them out of prisons and jails in the first place—now is a better time than ever for our communities to press for change.  

This overview provides an introduction to the needs and experience of many LGBTQ prisoners, as well as the legal protections they have under the Constitution, the Prison Rape Elimination Act, and other laws and standards. Also see Policies to Increase Safety and Respect for Transgender Prisoners: A Guide for Agencies and Advocates. [Resource from summary.] 

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LGBTQ People Behind Bars: A Guide to Understanding the Issues Facing Transgender Prisoners and Their Legal Rights