And by the Way, Do You Know He Thinks He’s a Girl? The Failures of Law, Policy, and Legal Representation for Transgender Youth in Juvenile Delinquency Courts


  • Attorneys
  • Low-income
  • Transgender/transsexual
  • Youth

Because of the persistence of bias and discrimination against transgender people generally, the societal lack of understanding of gender and sexuality, and a distrust of difference, transgender youth are at high risk for involvement in the juvenile justice system. For many of these youth, their gender identity is relevant both to why they were arrested and to their needs once they are brought into the courtroom. This article discusses how law, policy, and legal representation are regularly failing transgender youth in juvenile delinquency systems throughout the United States and concludes by posing policy and system recommendations that will address these failures. This article first appeared in the Research and Social Policy: Journal of NSRC (Vol 5, No. 1, March 2008)

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