National
Meet the new faces of LGBT juvenile corrections
DOJ, municipalities and former inmates are working to save gay youth

Lorie Brisbin, a program specialist with the Department of Justice, said many LGBT juveniles in custody are there for survival crimes. (Photo courtesy of DOJ)
By THOM SENZEE
LGBT youth have enough trouble adjusting to life in what is still, for lack of a better term, “a straight man’s world.” But for LGBT youth in custody, the world is often a supremely frightening place.
“There is a significant portion of LGBTI juveniles in custody who are there for what we can call survival crimes,” explains Lorie Brisbin, a program specialist with the Department of Justice’s Office of Juvenile Justice and Delinquency Prevention (OJJDP).
“In many cases, these are kids who have been kicked out of their homes by their families simply because of their particular orientation, be that lesbian, gay or what have you.”
Made homeless by their parents as adolescents or as teenagers, and forced to face a tough world on their own with no basic tools for living—such as work experience or identification cards—some LGBT youth turn to petty crimes in order to survive. Survival crimes range from stealing food from grocery stores to prostitution and burglary.
In fact, merely being a homeless minor after 10 p.m. amounts to a violation of curfew laws, not to mention truancy if they cannot stay in school after becoming homeless.
Of course, some homeless youth turn to more serious crimes. Regardless of how they end up in custody, LGBT juveniles find themselves in a system that is only now beginning to recognize that there is a difference in needs compared to their heterosexual counterparts that corrections officials must know in order to keep them safe and well.
“Corrections is a very closed system,” Brisbin said. “There is a lot of education that needs to go on in helping staff feel comfortable with certain issues.”
Two specific issues that could be considered the meat and potatoes of the over-arching problem of how to safely and healthfully manage LGBT juvenile inmates are isolation and gender-appropriate placement.
Getting those two issues right, according to experts, builds a foundation where both juveniles in custody and corrections staff are safer than they would be otherwise.
“For instance, if you have a gay male who is not willing to hide who he is—and most are more than willing to hide—the way it used to work, staff were traditionally going to isolate you for your own protection,” explained Laura Garnette, deputy chief probation officer at Santa Clara County, Calif. Juvenile Detention Division.
“But the courts have said that’s unconstitutional. And actually I say to them, corrections staff, that’s your job. It’s not the juvenile’s job to keep himself safe; that’s what you’re getting paid to do. You’re making them do your job by putting them in isolation.”
According to OJJDP’s Brisbin, Garnette’s employer is a model of safety, efficacy and ethical management of LGBT and intersex juveniles in custody.
“Santa Clara County is phenomenal,” Brisbin told the Washington Blade. “It starts with their perspective, looking at their policies and making their environment safer and more welcoming.”
“More welcoming” might sound like an odd phrase to use when talking about incarceration. But it is important to remember, according to Brisbin, as well as Deputy Chief Probation Officer Garnette and other corrections professionals the Blade spoke to in researching this story; juvenile detention is mandated to rehabilitate rather than simply punish, as is often the case in adult corrections systems.
“Santa Clara probation has worked hard to redefine juvenile corrections,” said Brisbin, speaking by phone from her office at the Department of Justice in Washington, D.C. “Now, when a youthful offender who is lesbian, gay, bisexual, transgender or intersex comes in, they are processed much differently, providing the best possible outcome for the general population and the staff.”
But it is not necessarily easy to bring change to the corrections establishment.
“You want to watch something entertaining, just tell a group of unenlightened corrections workers that they need to put a male-to-female transgender offender into housing with girls,” Santa Clara County’s Garnette said. “You’d think you had just told them the most hilarious or outlandish thing anyone ever said.”
Nowadays all youthful offenders in Santa Clara County are processed into and counseled within custody in a manner that is both neutral in terms of sexual orientation and gender identity.
“For instance, I might ask a male inmate if he has a girlfriend or if he has a boyfriend,” explains Garnette. “He might respond, ‘why would you ask me if I have a boyfriend; what do you think I am a fucking faggot?’”
“And then, of course, I respond, ‘well, why wouldn’t I ask? You could have either. How would I know which? There are plenty of gay young men who don’t fit stereotypes.’”
According to Garnette, that response safely opens the door for an honest answer if the youth is gay, while also planting a seed of tolerance if he is straight.
Santa Clara County neither isolates LGBT juvenile inmates individually, nor places them together in separate groups. Instead, officials and detention staff work with vigilance by observing and counseling all inmates to prevent physical altercations and eliminate bullying in real time—on the floors of housing units in its detention centers, 24/7.
“Isolation is not the solution,” Garnette said. “It’s our job to keep these kids safe by using our words, our eyes and our ears. Yes, it’s hard work, but simply isolating them is lazy and injurious. If you can’t do the job of keeping gay kids safe in the general population, then I’m sorry; get a different job.”
According to OJJDP’s Brisbin, a new vigor arrived in the juvenile corrections profession when, in 2012, the Justice Department issued national standards for ensuring that detention facilities conform to the 2003, “Prison Rape Elimination Act” (PREA) for the first time.
Among a litany of guidelines announced by Attorney General Eric Holder was a mandate to “incorporate unique vulnerabilities of lesbian, gay, bisexual, transgender, intersex and gender nonconforming inmates into training and screening protocols.”
Brisbin organizes workshops for corrections officials and juvenile detention facilities workers around the nation. Her training sessions are designed to introduce technical tools to help realize the promise of PREA, which is an end to rape and sexual abuse behind bars.
“For example PREA calls for changes in language that has been used in facilities in the past,” Brisbin said. “We talk about respectful communications—how do you do it and still get the kind of behavior you need for conformity in a locked-down situation.”
According to her, the words once used recklessly by officials at juvenile lockdowns can actually incite abuse.
“But words can also help prevent violence,” she said. “If you have a verbally disrespectful environment, that can be very, very unsafe. Don’t use terms that are inherently offensive. For instance, it used to be respectful to use the term hermaphrodite; that’s no longer seen as acceptable to use.”
Transgender and intersex youth in custody face particularly tough circumstances finding their places in detention settings. However well intentioned, detention-facility staff with varying levels of education can find the task of helping transgender, questioning and intersex youth safely fit in at “juvie” quite daunting.
Consider the latter of those three categories of youth: The Intersex Society of North America says the complexity of intersexuality makes it a subjective issue—albeit with real biological (i.e., chromosomal and genitalia-related) aspects.
“[Intersexuality] is a socially constructed category that reflects real biological variation,” reads the introductory statement on the group’s homepage. “To better explain this, we can liken the sex spectrum to the color spectrum. There’s no question that in nature there are different wavelengths that translate into colors most of us see as red, blue, orange, yellow. But the decision to distinguish, say, between orange and red-orange is made only when we need it—like when we’re asking for a particular paint color…”
When even experts and advocates admit that making gender distinctions among intersex persons can be similar to knowing the difference between burnt-orange and maroon-rust, how is a juvenile hall counselor working the graveyard shift in a Midwest suburb supposed to know how to refer to an intersex juvenile inmate?
The answer, according both Brisbin and Garnette, is surprisingly simple—let the individual inmate decide. They say the same rule applies to transgender youth in custody.
“The very worst thing you can do is call a transgender girl ‘he’ or ‘him,’” she said. “Not only can that lead to violence from other inmates, which puts the staff in danger as well as the kids in the facility, but it’s emotionally violent. It does real harm.”
Garnette, who is a lesbian, entered the corrections field at the end of the 1980s.
“It was about as different then compared to today as you can imagine,” she said. “This is an exciting time to be working in this field. In the past 10 years we have seen a change to evidence-based policies and procedures that wasn’t there before.”
According to Garnette, there was a time in her early career when she had bosses whose approaches to juvenile corrections were strictly tough for sake of toughness, or more permissive simply for the sake of permissiveness.
“Either way, it wasn’t about using research for evidence-based outcomes,” she said. “Now it’s exactly the opposite; that’s just what we do.”
Ten years ago it might have been impossible for Mark Seymour, a former inmate who served time in prison for a drug offense, to work with leading practitioners and researchers in the juvenile corrections field.
“When I got out of prison in 2010, I knew I wanted to do something to make it better for LGBT youth in custody because I know first-hand how bad things like being put in isolation—just because you happen to be gay—can be,” Seymour told the Blade. “It took everything I had within me to not lose my mind in isolation.”
Seymour is the first fellow at the National Center for Youth in Custody. He is currently helping implement a pilot program to disseminate the fast-growing body of evidence-based knowledge about how to better meet the stated missions of juvenile corrections facilities: rehabilitating youthful offenders.
“The exciting thing is that a big part of this new push to bring scholarship, research and practical knowledge about what works is a focus on LGBTI kids,” explains Seymour. “The youth of our community, for the first time, are part of the conversation.”
National
US bishops ban gender-affirming care at Catholic hospitals
Directive adopted during meeting in Baltimore.
The U.S. Conference of Catholic Bishops this week adopted a directive that bans Catholic hospitals from offering gender-affirming care to their patients.
Since ‘creation is prior to us and must be received as a gift,’ we have a duty ‘to protect our humanity,’ which means first of all, ‘accepting it and respecting it as it was created,’” reads the directive the USCCB adopted during their meeting that is taking place this week in Baltimore.
The Washington Blade obtained a copy of it on Thursday.
“In order to respect the nature of the human person as a unity of body and soul, Catholic health care services must not provide or permit medical interventions, whether surgical, hormonal, or genetic, that aim not to restore but rather to alter the fundamental order of the human body in its form or function,” reads the directive. “This includes, for example, some forms of genetic engineering whose purpose is not medical treatment, as well as interventions that aim to transform sexual characteristics of a human body into those of the opposite sex (or to nullify sexual characteristics of a human body.)”
“In accord with the mission of Catholic health care, which includes serving those who are vulnerable, Catholic health care services and providers ‘must employ all appropriate resources to mitigate the suffering of those who experience gender incongruence or gender dysphoria’ and to provide for the full range of their health care needs, employing only those means that respect the fundamental order of the human body,” it adds.
The Vatican’s Dicastery for the Doctrine of the Faith in 2024 condemned gender-affirming surgeries and “gender theory.” The USCCB directive comes against the backdrop of the Trump-Vance administration’s continued attacks against the trans community.
The U.S. Supreme Court in June upheld a Tennessee law that bans gender-affirming medical interventions for minors.
Media reports earlier this month indicated the Trump-Vance administration will seek to prohibit Medicaid reimbursement for medical care to trans minors, and ban reimbursement through the Children’s Health Insurance Program for patients under 19. NPR also reported the White House is considering blocking all Medicaid and Medicare funding for hospitals that provide gender-affirming care to minors.
“The directives adopted by the USCCB will harm, not benefit transgender persons,” said Francis DeBernardo, executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization, in a statement. “In a church called to synodal listening and dialogue, it is embarrassing, even shameful, that the bishops failed to consult transgender people, who have found that gender-affirming medical care has enhanced their lives and their relationship with God.”
President Donald Trump on Wednesday signed a bill that reopens the federal government.
Six Democrats — U.S. Reps. Jared Golden (D-Maine), Marie Gluesenkamp Perez (D-Wash.), Adam Gray (D-Calif.), Don Davis (D-N.C.), Henry Cuellar (D-Texas), and Tom Suozzi (D-N.Y.) — voted for the funding bill that passed in the U.S. House of Representatives. Two Republicans — Thomas Massie (R-Ky.) and Greg Steube (R-Fla.) — opposed it.
The 43-day shutdown is over after eight Democratic senators gave in to Republicans’ push to roll back parts of the Affordable Care Act. According to CNBC, the average ACA recipient could see premiums more than double in 2026, and about one in 10 enrollees could lose a premium tax credit altogether.
These eight senators — U.S. Sens. Catherine Cortez Masto (D-Nev.), Dick Durbin (D-Ill.), John Fetterman (D-Pa.), Maggie Hassan (D-N.H.), Tim Kaine (D-Va.), Angus King (I-Maine), Jacky Rosen (D-Nev.), and Jeanne Shaheen (D-N.H.) — sided with Republicans to pass legislation reopening the government for a set number of days. They emphasized that their primary goal was to reopen the government, with discussions about ACA tax credits to continue afterward.
None of the senators who supported the deal are up for reelection.
King said on Sunday night that the Senate deal represents “a victory” because it gives Democrats “an opportunity” to extend ACA tax credits, now that Senate Republican leaders have agreed to hold a vote on the issue in December. (The House has not made any similar commitment.)
The government’s reopening also brought a win for Democrats’ other priorities: Arizona Congresswoman Adelita Grijalva was sworn in after a record-breaking delay in swearing in, eventually becoming the 218th signer of a discharge petition to release the Epstein files.
This story is being updated as more information becomes available.
U.S. Military/Pentagon
Serving America, facing expulsion: Fight for trans inclusion continues on Veterans Day
Advocates sue to reverse Trump ban while service members cope with new struggles
President Trump signed EO 14183, titled “Prioritizing Military Excellence and Readiness,” on Jan. 27, directing the Department of Defense (DoD) to adopt policies that would prohibit transgender, nonbinary, and gender-nonconforming people from serving in the military.
The Trump-Vance administration’s policy shift redefines the qualifications for military service, asserting that transgender people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history or signs of gender dysphoria. According to the DoD, this creates “medical, surgical, and mental health constraints on [an] individual.” Regardless of their physical or intellectual capabilities, transgender applicants are now considered less qualified than their cisgender peers.
On Jan. 28, 2025, GLBTQ Legal Advocates and Defenders (GLAD) Law and the National Center for LGBTQ Rights (NCLR) filed Talbott v. Trump, a federal lawsuit in the U.S. District Court for the District of Columbia challenging the executive order. Originally filed on equal protection grounds on behalf of six active service members and two individuals seeking enlistment, the case has since grown to include 12 additional plaintiffs.
The Washington Blade spoke exclusively with Second Lt. Nicolas (Nic) Talbott, U.S. Army, a plaintiff in the case, and with Jennifer Levi, Senior Director of Transgender and Queer Rights at GLAD Law, who is leading the litigation.
For Talbott, serving in the military has been a lifelong aspiration, one he pursued despite the barriers posed by discriminatory policies.
“Being transgender posed quite the obstacle to me achieving that dream,” Talbott told the Blade. “Not because it [being trans] had any bearing on my ability to become a soldier and meet the requirements of a United States soldier, but simply because of the policy changes that we’ve been facing as transgender service members throughout the course of the past decade… My being transgender had nothing to do with anything that I was doing as a soldier.”
This drive was fueled by early life experiences, including the impact of the Sept. 11 terrorist attacks, which shaped his desire to protect his country.
“Even for an eight-year-old kid, [9/11] has a tremendous amount of impact… I remember thinking, you know, this is a terrible thing. Me, and when I grow up, I want to make sure nothing like this ever happens again,” he said. “I’ve still tried to gear my life in a way that I can be preparing myself to eventually help accomplish that mission of keeping America safe from anything like that ever happening again.”
The attacks inspired countless Americans to enlist; according to the New York City government, 181,510 joined active duty and 72,908 enlisted in the reserves in the year following 9/11. Although Talbott was too young to serve at the time, the events deeply influenced his educational and career path.
“For me, [9/11] just kind of helped shape my future and set me on the path that I’m currently on today,” he added. “It ignited my passion for the field, and it’s something that you know, I’ve carried with me into my adult life, into my professional life, and that I hope to have a career in the future.”
Talbott holds a master’s degree in criminology with a focus on counterterrorism and global security, and while completing his degree, he gained practical experience working with the Transportation Security Administration.
Despite the public scrutiny surrounding the lawsuit and the ongoing uncertainty of his military future, Talbott remains grounded in the values that define military service.
“Being so public about my involvement with this lawsuit grants me the very unique opportunity to continue to exemplify those values,” Talbott said. “I’m in a very privileged spot where I can speak relatively openly about this experience and what I’m doing. It’s very empowering to be able to stand up, not only for myself, but for the other transgender service members out there who have done nothing but serve with honor and dignity and bravery.”
The ban has created significant uncertainty for transgender service members, who now face the possibility of separation solely because of their gender identity.
“With this ban… we are all [trans military members] on track to be separated from the military. So it’s such a great deal of uncertainty… I’m stuck waiting, not knowing what tomorrow might bring. I could receive a phone call any day stating that the separation process has been initiated.”
While the Department of Defense specifies that most service members will receive an honorable discharge, the policy allows for a lower characterization if a review deems it warranted. Compensation and benefits differ depending on whether service members opt for voluntary or involuntary separation. Voluntary separation comes with full separation pay and no obligation to repay bonuses, while involuntary separation carries lower pay, potential repayment of bonuses, and uncertain success in discharge review processes.
Healthcare coverage through TRICARE continues for 180 days post-discharge, but reduced benefits, including VA eligibility, remain a concern. Those with 18–20 years of service may qualify for early retirement, though even this is not guaranteed under the policy.
Talbott emphasized the personal and professional toll of the ban, reflecting on the fairness and capability of transgender service members.
“Quite frankly, the evidence that we have at hand points in the complete opposite direction… there are no documented cases that I’m aware of of a transgender person having a negative impact on unit cohesion simply by being transgender… Being transgender is just another one of those walks of life.”
“When we’re losing thousands of those qualified, experienced individuals… those are seats that are not just going to be able to be filled by anybody … military training that’s not going to be able to be replaced for years and years to come.”
Talbott also highlighted the unique discipline, dedication, and value of diversity that transgender service members bring—especially in identifying problems and finding solutions, regardless of what others think or say. That, he explained, was part of his journey of self-discovery and a key reason he wants to continue serving despite harsh words of disapproval from the men leading the executive branch.
“Being transgender is not some sad thing that people go through… This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today… my ability to transition was essential to getting me to that point where I am today.”
He sees that as an asset rather than a liability. By having a more diverse, well-rounded group of people, the military can view challenges from perspectives that would otherwise be overlooked. That ability to look at things in a fresh way, he explained, can transform a good service member into a great one.
“I think the more diverse our military is, the stronger our military is… We need people from all different experiences and all different perspectives, because somebody is going to see that challenge or that problem in a way that I would never even think of… and that is what we need more of in the U.S. military.”
Beyond operational effectiveness, Talbott emphasized the social impact of visibility and leadership within the ranks. Fellow soldiers often approached him for guidance, seeing him as a trusted resource because of his transgender status.
“I can think of several instances in which I have been approached by fellow soldiers… I feel like you are a person I can come to if I have a problem with X, Y or Z… some people take my transgender status and designate me as a safe person, so to speak.”
With the arrival of Veterans Day, the Blade asked what he wishes the public knew about the sacrifices of transgender service members. His answer was modest.
“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that… We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”
Jennifer Levi, GLAD Law’s Senior Director of Transgender and Queer Rights, also spoke with the Blade and outlined the legal and human consequences of the ban. This is not Levi’s first time challenging the executive branch on transgender rights; she led the legal fight against the first Trump administration’s military ban in both Doe v. Trump and Stockman v. Trump.
Levi characterized the policy as overtly cruel and legally indefensible.
“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”
She highlighted procedural abuses and punitive measures embedded in the policy compared to the 2017 ban.
“In the first round the military allowed transgender people to continue to serve… In this round the military policy purge seeks to purge every transgender person from military service, and it also proposes to do it in a very cruel and brutal way, which is to put people through a process… traditionally reserved for kicking people out of the military who engaged in misconduct.”
Levi cited multiple examples of discrimination, including the revocation of authorized retirements and administrative barriers to hearings.
She also explained that the administration’s cost argument is flawed, as removing and replacing transgender service members is more expensive than retaining them.
“There’s no legitimate justification relating to cost… it is far more expensive to both purge the military of people who are serving and also to replace people… than to provide the minuscule amount of costs for medications other service members routinely get.”
On legal grounds, Levi noted the ban violates the Equal Protection Clause.
“The Equal Protection Clause prevents laws that are intended to harm a group of people… The doctrine is rooted in animus, which means a bare desire to harm a group is not even a legitimate governmental justification.”
When asked what she wishes people knew about Talbott and other targeted transgender military members, Levi emphasized their extraordinary service.
“The plaintiffs that I represent are extraordinary… They have 260 years of committed service to this country… I have confidence that ultimately, this baseless ban should not be able to legally survive.”
Other organizations have weighed in on Talbott v. Trump and similar lawsuits targeting transgender service members.
Human Rights Campaign Foundation President Kelley Robinson criticized the ban’s impact on military readiness and highlighted the counterintuitive nature of removing some of the country’s most qualified service members.
“Transgender servicemembers serve their country valiantly, with the same commitment, the same adherence to military standards and the same love of country as any of their counterparts,” Robinson said. “This ban by the Trump administration, which has already stripped transgender servicemembers of their jobs, is cruel, unpatriotic, and compromises the unity and quality of our armed forces.”
Lambda Legal Senior Counsel Sasha Buchert echoed the legal and moral imperative to reverse the policy.
“Every day this discriminatory ban remains in effect, qualified patriots face the threat of being kicked out of the military,” she said. “The evidence is overwhelming that this policy is driven by animus rather than military necessity… We are confident the court will see through this discriminatory ban and restore the injunction that should never have been lifted.”
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