NCTE Offers Advice on Educating Law Enforcement

NCTE

Police departments have policies that instruct officers about their interactions with the public. Some jurisdictions have explicit policies about transgender people while others do not. Some important factors to consider when creating a policy:

  • Police officers should never stop an individual solely because of that person's gender presentation. Being transgender is not a crime. It is legal in the United States to cross-dress, to transition and to express your gender.
  • Officers should not ask about a person's genitals unless it is medically necessary or required to make a decision about a strip search. They should not search a person simply to determine gender.
  • Safety of transgender detainees must be a major priority. Transgender people should not be housed in ways that increase the risk of sexual assault. The individual's gender presentation should always be taken into account, not simply the configuration of their genitals.
  • There may be laws that refer to gender--for example, laws requiring that female detainees be searched by a female officer--that may not address how these practices apply to transgender people. Department policies can clarify how these laws apply to transgender people who have not had SRS (sex reassignment surgery).
  • Training for police is essential to educate them about applicable laws and to increase understanding.
  • People of color may face additional discrimination by law enforcement officials. Activists should pay attention to the ways in which race, economic status, and appearance impact people's experience with the police.

Marcus Arana is a Discrimination Investigator for the City and County of San Francisco Human Rights Commission, and is a member of the Board of Advisors of NCTE. He helped draft the policies and training curriculum for the San Francisco Police Department, and conducts transgender community awareness trainings for recruits and officers, which has been required since 2003.

Marcus has made available to us information about the guidelines that are currently in place in San Francisco. We've included information from him below so that you can see the kind of policies that are being used by an actual police department (keep in mind that these reflect the laws in effect in San Francisco). He writes:

Names, titles of respect, and pronouns: People must be referred to according to their gender identity. Transgender women are to be called "she" and "Ms." and "Ma'am" and transgender men are to be called "he" and "Mr." and "Sir." Even if an individual has not changed their ID, officers are instructed to use the chosen name and the appropriate pronoun for that person. However, officers must write down the legal name on all citations and/or booking cards. So, officers are not being harassing if they write down a former, yet legal name on a citation, and a person must sign their legal name or the officer will have to arrest them. It is not considered fraud to carry an ID that has not yet been changed; however, there is no requirement for an officer to note the AKA (Also Known As) name on a citation.

Detention, searches, and transportation:People should not be detained simply because an officer thinks they are transgender. Likewise, people must not be searched to determine their gender. Officers of any gender can pat search any detainee for weapons or contraband, but they should not grope or hold a person's genitals, especially to determine gender.

Regardless of local policies, under many state laws, arrest (strip) searches must be conducted by officers who have a genital match with the arrestee. For pre or non-operative transgender women, that means being searched by a male officer, and for pre or non-operative transgender men, that will mean being searched by a female officer. In order to avoid an awkward situation, if your genitals appear different than the officer might expect to find, it is best to disclose surgical status to the arresting officer before the search commences.

Officers may not take photographs of a person's sexual anatomy, nor should they use any booking photos as a way to humiliate a transgender individual.

Marcus comments, "Having these policies in place does not mean that harassment against transgender people by police officers won't happen. But, it sends a message that such behavior is unacceptable and provides the police department with the tools needed to make officers more accountable for treating transgender and gender variant people with due respect and courtesy."

 

  • If you have experienced discriminatory or harassing treatment by law enforcement or corrections department personnel, report that treatment using our Discrimination Survey Form.
  • If you are interested in helping to educate law enforcement personnel on transgender issues, please contact us for further information.
  • For more information about the National Center for Transgender Equality, please see their website.

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