Out in Force: The New Struggle Against Sexually Oriented Policing

By Elijah Mercer
2015, Vol. 7 No. 03 | pg. 2/2 |

Aguilera’s military rationale makes sense, as heterosexual norms such as aggression are reinforced, though he argued his policing style is more passive than aggressive. The lack of training Aguilera received on how to deal with certain populations, especially GLBT members, has made it difficult for him to be sensitive in such cases as well. Additionally, Aguilera grew up in a closed, infested and homophobic neighborhood in Prince George’s County, Maryland. For this reason, contact with members of the GLBT community still makes Aguilera a little uneasy because he perceives GLBT as flamboyant and “abnormal.” However, his experiences with individuals from the community who defy his perceptions have slowly started to change his notions of the GLBT community.

In fact, Aguilera even positively discussed Metro PD’s Gay and Lesbian Liaison Unit (GLLU). The GLLU is staffed by openly LGBT members of the department and their allies (GLLU 2011). The GLLU, which began in 2009, advises the Chief of Police on issues surrounding the LGBT community while focusing on providing 24-hour police response to members of the GLBT communities and MPD.25 The GLLU also produces reports on LGBT violence and crime to help promulgate and make the issue prominent within the media and abroad to all. It also offers specified services to members. Nationally and internationally, there are 11 recognized LGBT units.26

While the GLBT community still faces many challenges within departments and Paulson (2008) suggests that heterosexist values have been built into the laws, GLBT issues have started to gain national recognition due to the strong gay rights movement. The landmark Supreme Court case Lawrence v. Texas (2003) 27 invalidated the criminalization of sodomy for consenting heterosexual and homosexual couples in 14 states.28 The decision in Lawrence shed light on sexual privacy as a constitutional right, especially for the GLBT community. Before Lawrence, police could barge into homes if they had reasonable cause to believe sodomy was occurring. Lawrence has also led other states to enact legislation against anti-sodomy laws.

Currently, twenty states, D.C. and 140 cities and counties have laws prohibiting discrimination (i.e. in housing, employment and public accommodation) on the basis of sexual orientation (Newton 2009), which has increased public goods and services to the LGBT community over the last five years (National Gay and Lesbian Task Force 2008). Some courts have even taken matters into their hands, ruling in favor of LGBT employment rights (Buhrke 1996). However, the absence of federal legislation makes the issue more difficult to solve. Some states still have the ability to create laws directly against same sex couples and LGBT rights. Five states 29 exclude same sex victims of domestic crime, for example, from provisions that support the issuance of protective orders. However, the repeal of policies such as Don’t Ask, Don’t Tell provides a foundation for possible national legislation.

The ongoing formation and creation of completely LGBT friendly police associations has begun to challenge the heterosexist culture that once dominated departments (Burke 1994, 1996). Because police culture is still somewhat based on gender biases, more departments will need to consider creating such LGBT friendly police associations to address problems of the community and collate research for police to use. This will help break down social barriers within police departments so they apply these practices during policing. These GLBT friendly associations must also have a racially diverse staff to address problems particular to all types of GLBT individuals as well.


References

Aguilera, L. (2011). Second District Metropolitan Police Department. Interview. Retrieved from: http://mpdc.dc.gov/mpdc/cwp/view,a,1239,q,544652,mpdcNav_GID,1535.asp

Barlow, D. E. & Barlow, M. H. (2000). Police in a multicultural society: An American story. Prospect Heights, IL: Waveland Press, Inc.

Berrill, Kevin T. (1992). Anti-gay violence and victimization in the United States: An overview. In Hate crimes: Confronting violence against lesbians and gay men, edited by Gregory Herek and Kevin Berrill, 19-45. Newbury Park, CA: Sage.

Bernstein, M. (2004). Paths to homophobia. Research & Social Policy, 1, 41-55.

Brantner, P. A. (1992). Removing bricks from a wall of discrimination: State constitutional challenges to sodomy laws. Hastings Constitutional Law Quarterly, 19, 495-533.

Buhrke, Robin A. (1996). A matter of justice: Lesbians and gay men in law enforcement. NewYork: Routledge.

Cohen, R., O’Byrne, S., & Maxwell, P. (1999). Employment discrimination based on sexual orientation: The American, Canadian and UK responses. Law & Inequity, 17 (1), 1-20.

Colvin, R. (2008.) Shared Perceptions Among Lesbian and Gay Police Officers: Barriers and Opportunities in the Law Enforcement Work Environment. Police Quarterly. 12, 86-101.

Cooper, C., Dunham, R.G., Alpert, G.P. (2010). “An Afrocentric Perspective on Policing.” Critical Issues in Policing. Long Grove, IL: Waveland Press, Inc. 362-387.

Cook-Daniels, L. (1998). Lesbian, Gay, Male, Bisexual and Transgendered Elders: Neglect Issues. Journal of Elder Abuse and Neglect, 9 (2), 35-49.

David, D., Brannon, R. (1976). The forty-nine percent majority: The male sex role. Reading, MA: Addison/Wesley.

Doss, M. T., Jr. 1990. Police management: Sexual misconduct and the right to privacy. Journal of Police Science and Administration 17 (3): 194-204.

Dwyer, A. E. (2011). Policing lesbian, gay, bisexual and transgender young people: a gap in the research literature. Current Issues in Criminal Justice, 22 (3), pp. 415-433.

Dwyer, A.E. (2009). Identifiable, queer and risky: the role of the body in policing experiences for LGBT young people. In: Proceedings of the 2009 Australian and New Zealand Critical Criminology Conference, 8-9 July 2009, Melbourne, Victoria.

Dwyer, A.E. (2007). Visibly invisible: Policing queer young people as a research gap. In Curtis, Bruce, Eds. Proceedings Public Sociologies: Lessons and Trans-Tasman Comparisons, TASA & SAANZ Joint Conference, Auckland, New Zealand.

Gay and Lesbian Liaison Unit, Washington DC Metropolitan Police Department (2011). “Welcome.” Retrieved at: http://www.gllu.org/index.htm

Grant, J.M., Mottet, L.A., Tanis, J. (2011). Injustice at Every Turn: A Report of the National Transgender Discrimination Survey. Washington: National Center for Transgender Equality and National Gay and Lesbian Task Force, 2011.

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Herek, G. M. (2003a). The psychology of sexual prejudice. In L.D. Garnets & D. C.

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Herek, G. M. (2003b). Why tell if you're not asked? In L.D. Garnets & D. C. Kimmel (Eds.), Psychological perspectives on lesbian, gay, and bisexual experiences (2n ed., pp. 270-298). New York: Columbia University Press.

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Lyons, P.M., DeValve, M.J., Garner, R.L. (2008). Texas Chiefs’ Attitudes Toward Gay and Lesbian Police Officers. Police Quarterly, 11 (1), 102-117.

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Miller, S.L., Forest, K.B., Jurik, N.C. (2003). Diversity in Blue: Lesbian and Gay Police Officers in a Masculine Occupation. Men and Masculinities. 5 (4), 355-385.

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Myers, K.A., Forest, K.B., Miller, S.L. (2004). Officer Friendly and the Tough Cop: Gays and Lesbians Navigate Homophobia and Policing. Journal of , 47 (1), pp. 17-37.

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Endnotes

  1. Fridell, Scott, Dunham, Alpert (2010).
  2. Cook-Daniels (1998). Sexual Orientation: Refers to whom someone is sexually and/or emotionally attracted to: someone of the same gender (lesbian, gay male, gay or homosexual, as well as someone of the opposite gender (heterosexual or ‘straight’); or both (bisexual)
  3. Cook-Daniels (1998). Transgender: The state of one’s own “gender identity” (self identification as woman, man neither or both) not matching one’s “assigned sex.”
  4. Cook-Daniels (1998). Gender: Refers to whether you perceive yourself to be male, female both or neither. Associates being male with masculine traits, and female with feminine traits.
  5. Miller, Forest, Jurik (2003).
  6. Jung, Smith (1993)
  7. Miller, Forest, Jurik (2003)
  8. Messerschmidt (1993)
  9. Colvin (2008)
  10. Colvin (2008)
  11. Authoritarianism: A form of social organization characterized by submission to authority.
  12. Miller, Forest, Jurik (2003)
  13. Lyons, DeValve, Garner (2008)
  14. Lyons, DeValve, Garner (2008)
  15. Aguilera, Interview. (2011).
  16. Aguilera, Interview. (2011).
  17. Aguilera, Interview. (2011).
  18. Aguilera, Interview. (2011).
  19. Maneen, Dunham, Alpert (2011). The “asshole”: The bigmouth, creep, bastard, animal, “shit head” fool who give police more trouble than needed.
  20. Dunham, Alpert (2011).
  21. Wallace (2008). Domestic violence dispute: Usually a call to police from a member of a family or closely related group of people that they have been hurt or abused by someone within a household or close in relation to them. Usually associated between a man and a woman.
  22. Paulson (2008).
  23. Paulson (2008). Interpersonal violence/SSIPV/OPISV: Usually violence between members of the same or opposite sex. The term is typically applied to identify those members who are part of the GLBT community though.
  24. 24.) Aguilera, Interview. (2011).
  25. “About” GLLU (2011).
  26. Atlanta PD, Ottawa (Canada), Arlington County, Baltimore City, Fairfax County, Fargo PD (North Dakota); NYPD; New Zealand PD; Richland County (South Carolina) Sheriff’s Dept; Toronto Police Service (Canada); DC Metro Transit PD
  27. 539 U.S. 558 (2003)
  28. Alabama, Florida, Idaho, Kansas, Louisiana, Michigan, Mississippi, Missouri, North Carolina, South Carolina, Texas, Utah, an Virginia
  29. Delaware, South Carolina, Montana, New York and Virginia

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