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
Multi-billion-dollar 9/11 Victim Compensation Fund to continue until 2090
Eligibility for same-sex partner survivors remains unclear
As part of its commemoration of the 25th anniversary of the 9/11 terrorist attacks, the September 11th Victim Compensation Fund, a federally operated program, released information during the past week showing it has awarded more than $18 billion to over 77,000 9/11 victims and their families since 2011.
Officials with what’s now referred to as the VCF point out that it was created to provide compensation to individuals or to a court-approved personal representative of a deceased individual who were present at one of the three sites where the hijacked jetliners crashed.
Among those supported under the program are thousands of rescue workers, clean-up crews, and residents living near the World Trade Center Twin Towers destruction site who became ill, many of whom later died, by being exposed to the toxic fumes created by the fire and falling debris.
“Twenty-five years since that day, the September 11th Victim Compensation Fund has served tens of thousands of victims and their families, and we continue to receive over 750 new claims each month — a clear indication of the ongoing importance of our mission,” said Allison Turkel, VCF’s leader, who holds the title of Special Master.
In a Sept. 2 briefing for the news media in advance of the 9/11 anniversary commemoration, Turkel pointed out that the VCF operation was upgraded and expanded by separate laws passed by Congress in 2011 and 2019, with the 2019 law signed by President Trump providing full funding to “pay all eligible claims and extended the filing deadline to Oct. 1, 2090.”
LGBTQ advocacy organizations in New York and nationwide have reported that during the time shortly after the 9/11 attacks same-sex surviving partners of 9/11 victims learned they were ineligible for compensation benefits because their same-sex relationships were not legally recognized.
Nicole Nava, a VCF spokesperson, told the Washington Blade she would inquire into whether same-sex couple surviving partners were being supported under the VCF program in more recent years.
She said under long established VCF procedures, all applicants for benefit claims regarding a deceased person, whether same-sex or opposite sex, must be appointed as a Personal Representative of the deceased person by a state court. For D.C. residents, the probate division of the D.C. Superior Court appoints a Personal Representative.
“Claims for deceased victims (regardless of the cause of death) may be submitted only by the Personal Representative,” a statement on the VCF website says. “Each state has laws that define the process for appointment of the Personal Representative and the specific authority granted to that Personal Representative,” it says.
The Washington Blade couldn’t immediately determine the criteria for being approved as a Personal Representative by the D.C. Superior Court and various state courts, including whether a same-sex survivor partner would be eligible for such an appointment.
A spokesperson for the District of Columbia LGBTQ+ Bar Association, which includes many local attorneys who specialize in a wide range of specialized legal issues, couldn’t immediately be reached to find out if one or more of their members might be able to determine the same-sex partner eligibility for Personal Representative status.
In her news media briefing, VCF Special Master Turkel said detailed information about how best to file a claim for 9/11 victim compensation is available on the VCF website.
“Twenty-five years since the events of September 11th , 2001, we know it has become increasingly challenging for claimants to find documents needed to prove their presence at an eligible location, which is one of the key requirements to be eligible for compensation,” she said.
She was referring to the requirement that 9/11 surviving victims seeking a claim for support for injuries or illnesses related to the 9/11 attacks must prove they were present at the World Trade Center site, the Pentagon site, or the Shanksville, Pa. site where the hijacked jetliners crashed. Those requirements are separate from the less clearly defined criteria for same-sex couple victim survivor eligibility.
“Our team is committed to ensuring no claimant feels lost or overwhelmed when submitting a claim,” Turkel said at the briefing. “We have a great helpline with real live people who can answer or refer any questions that come in,” she added. “They engage in over 4,000 calls a month on average. We encourage folks to call 1-855-1555 with any questions.”
The VCF website, which has additional detailed information, can be accessed at www.vcf.gov.
National
Remembering the LGBTQ heroes of 9/11 terrorist attacks
25 years later, ‘the heartbreak remains strong’
Many in the LGBTQ community in the D.C. area and throughout the country were expected to join friends, co-workers, and family members this week in commemorating the 25th anniversary of the Sept. 11, 2001, terrorist attacks on the New York World Trade Center’s Twin Towers and on the Pentagon just outside D.C. as well as the jetliner hijacking that ended in a fatal crash in an open field in Shanksville, Pa.
A total of 2,996 people died in the 9/11 attacks, including 19 terrorists who hijacked four jetliners whose passengers included Americans and citizens of many other countries.
Activists involved with local and national LGBTQ advocacy organizations recall witnessing a coming together of LGBTQ people and their co-workers, neighbors, and family members to support one another during a time of unimaginable horror and grief.
Among those who lost their lives in the 9/11 terrorist attacks was American Airlines co-pilot David Charlebois, an out gay man and member of the Gay Pilots Association, who was on American Airlines Flight 77, which the terrorists crashed into the Pentagon.
Also among the terrorist victims in the 9/11 attacks was gay public relations executive and rugby enthusiast Mark Bingham of San Francisco, who was among several passengers of the hijacked United Airlines jet who reportedly stormed the cockpit to regain control of the jetliner before one of the hijackers crashed the jet into the countryside in rural Pennsylvania.
The jet had taken off from Newark, N.J. with its destination being San Francisco. Investigators learned the hijackers turned the plane around and were heading to Washington, D.C., with plans to crash it into the White House or the U.S. Capitol.
The passengers, including Bingham, who stormed the cockpit and were among the 44 passengers and crew who lost their lives in the crash are credited by investigators and family members and friends with saving the lives of hundreds of others if the hijackers succeeded in crashing into the White House or Capitol.
Among the other LGBTQ people known to have lost their lives in the 9/11 attacks was Father Mychal Judge, 68, a gay Franciscan priest who served as a Catholic chaplain for the New York City Fire Department. According to the National Catholic Reporter, Judge rushed to the scene of the World Trade Center shortly before the Twin Towers collapsed. He was fatally struck by debris falling from the south tower while giving last rites to a fallen firefighter, the Catholic publication reported.
“He was a decent, wonderful human being,” said New York gay journalist Andy Humm, who had interviewed Judge for LGBTQ-related stories prior to the 9/11 attacks. “I saw him at many demonstrations for gay and AIDS causes, showing up in his Franciscan monk’s cassock,” Humm told the Washington Blade five years ago at the time of the 9/11 20th anniversary. “And he was equally beloved by the fire department, there at every major fire tragedy in the city, lending moral support to firefighters,” Humm said.
Francis DeBernardo, executive director of New Ways Ministries, a Maryland-based LGBTQ Catholic group that advocates for LGBTQ supportive policies within the church, reported five years ago that his group was supporting an effort to call on the Catholic Church to officially recognize Fr. Judge as a saint by canonizing him. But DeBernardo told the Blade this week that those efforts failed to obtain the needed support from various Catholic entities, including the Franciscan Order of Friars Minors, of which Judge was affiliated, ending efforts to canonize Judge as a saint.
DeBernardo has written a book about Judge’s life and legacy published in 2023 called “Mychal Judge:Take Me Where You Want Me to Go.”
Among the other widely reported LGBTQ victims of the 9/11 terrorist attacks were a gay couple from California, Daniel Brandhorst and Ronald Gamboa, and their adopted son, David, who were among those who died aboard the United Airlines flight that crashed in Pennsylvania. The Los Angeles Times reported that Brandhorst, an attorney, and Gamboa, the manager of a Santa Monica Gap store, had adopted three-year-old David when he was an infant.
For many LGBTQ residents of New York and the D.C. area, the suffering over the loss of loved ones, including same-sex partners, was heightened a short time later when they learned they were initially ineligible for local and federal programs aimed at providing financial assistance to survivors of the 9/11 attack victims because same-sex couples were not legally recognized.
At the urging of LGBTQ rights organizations, state and local officials in the New York and the D.C. area took steps to address the initial denial of financial support for surviving same-sex partners In programs under their control. Officials with a massive federal aid program for 9/11 survivors, however, said they did not have legal authority to authorize payments to same-sex partners.
The officials, in the administration of then-President George W. Bush, said the best they could do would be to leave it up to local authorities to determine whether state probate laws would recognize a same-sex partner as a family member for eligibility in the federal aid program for 9/11 survivors, many of whom lived in states outside the New York and D.C. area.
Nicole Nava, a spokesperson for the September 11th Victim Compensation Fund, a federally funded program established to compensate for physical harm or death caused by the 9/11 terrorist attacks, including support for surviving family members, said she would inquire into whether same-sex surviving partners were being supported under that program in subsequent years in response to a request from the Washington Blade.
Jenny Pizer, an attorney for the LGBTQ litigation group Lambda Legal, which supported LGBTQ partner survivors of victims of the 9/11 attacks, said the information she and her organization had showed that many if not most of the LGBTQ partner survivors were unable to obtain the federal Victim Compensation Fund payment benefits that married heterosexual spouses obtained. She said she didn’t have a definitive answer on whether some LGBTQ surviving partners were compensated.
However, at least one case where an LGBTQ partner was compensated was reported by the Washington Post in a Jan. 22, 2003, news story about Peggy Neff, the lesbian partner of 18 years of Sheila Hein, 51, a civilian employee at the Pentagon, who was killed when the terrorist hijacked jetliner crashed into the Pentagon.
The Post reported that the Sept. 11 Victim Compensation Fund, under the leadership of its director, Kenneth Feinberg, approved an award of $557,390 for Neff in compensation for the loss of her partner. The Post story quoted a spokesperson for the Human Rights Campaign as saying, “It is our sincere hope that this signals that other gay families who have suffered the loss of a loved one will be treated similarly.”
The compensation program, which is operated by the U.S. Department of Justice, remains in operation until 2090. The Blade will report on any additional similar awards for LGBTQ surviving partners if Nava provides such information.
Events commemorating the 25th anniversary of the 9/11 attacks were scheduled to take place this week at memorial sites honoring the 9/11 victims located outside the Pentagon in Arlington, Va., at the site of the World Trade Center Twin Towers in New York City, and the site of the jetliner crash in Shanksville, Pa., which is operated by the U.S. National Park Service.
The U.S. Congress in 2017 and 2021 approved separate bills signed by President Donald Trump during his first term in office and President Joe Biden creating the Global War on Terrorism Memorial and its construction, to be built on the National Mall in Washington, D.C. that’s scheduled to be completed in 2028.
The memorial, to be located near the Lincoln Memorial and Vietnam Veterans Memorial close to 23rd Street and Constitution Avenue, N.W., is intended to honor people who served and were lost in the wars and counterterrorism operations that followed the 9/11 attacks, including U.S. military operations in Iraq and Afghanistan.
Longtime LGBTQ rights advocate Jay Fisette, who at the time of the 9/11 attacks held the elected position of chair of the Arlington County Board, which serves as the county’s governing body, was among the Arlington officials that came to the Pentagon’s grounds in Arlington to oversee efforts by firefighters to rescue Pentagon workers on the day of the attack.
At an Oct. 7, 2001, 9/11 Day of Remembrance and Appreciation ceremony held in Arlington, Fisette expressed the views of many in the community in response to the 9/11 attacks.
“Tonight, our community gather as a family,” he told the gathering. “We gather in sorrow and in disbelief, in remembrance and appreciation,” he said. “But we come here, too, with resolve and pride. We come together as Arlingtonians who love our country, as Americans who love our country,” he said.
“Our enemies may hurt our bodies and destroy our buildings, but they will never defeat our determination to make this a world of peace and a community in which our children grow up safe and secure,” Fissette said.
Although some of the same-sex partners of those killed in the 9/11 attacks faced obstacles in obtaining financial support through the federal 9/11 relief program, Tom Hay, the surviving partner of 14 years of American Airlines pilot David Charlebois was treated with respect and honor by American Airlines officials and colleagues at Charlebois’s funeral mass at D.C.’s St. Matthew Cathedral.
More than a dozen uniformed company pilots and flight attendants attended the mass. And a press release issued by American Airlines mentioned Charlebois’s relationship with Hay and told how Hay stood with Charlebois when Charlebois advocated for equal rights for LGBTQ people in the airline industry through his involvement with the National Gay Pilots Association.
“David was an early member of the NGPA,” the American Airlines statement said. “His contribution helped ensure ongoing progress toward fairness and solidarity.”
Activists in New York have said the 9/11 attacks drew attention to the need for legal protections for same-sex couples, including the need for recognition of same-sex marriage, which the U.S. Supreme Court legalized nationwide in its landmark ruling in 2015.
But LGBTQ advocates in New York pointed to the difficulties LGBTQ surviving partners faced when desperately seeking to find out if a partner had survived at the site of the World Trade Center attack where the Red Cross and other emergency relief agencies set up a station near the site of the attack.
“Literally, gay people had to go there, turn around, go back home, and get some paperwork that spouses didn’t have to get to prove a relationship existed,” said Ross Levi, who at the time served as executive director of the New York LGBTQ advocacy group Empire State Pride Agenda.
“You were nervous and scared and sad and then you had to go through that,” Levi told the Blade in 2011 at the time of the 10-year anniversary of the 9/11 attacks. “And worse yet, other people turned them away, even with the paperwork, saying sorry you’re not a family according to our guidelines.”
Activists said New York City and New York State officials quickly recognized the inequities faced by same-sex partner survivors and took steps to change polices and laws to correct the situation. Among other things, New York’s then-Gov. George Pataki (R) issued an executive order in October 2001 that included surviving partners of gay and lesbian victims of the World Trade Center attacks in receiving full spousal benefits from the state’s Crime Victims Board.
In a separate development, the LGBTQ litigation group Lambda Legal, ESPA, the Human Rights Campaign, and other LGBTQ advocacy groups created the September 11 Gay & Lesbian Family Fund to provide some support to surviving same-sex partners who were ineligible for help from the federal relief fund program.
“The terrorist attack on September 11th is a tragedy that touched every American, impacting people and families from all walks of life,” Jonathan Lovitz, the Human Rights Campaign’s Senior Vice President for Campaigns and Communications told the Blade in a statement this week.
“As in all moments in American history, LGBTQ+ Americans were there, and feel the impact of this day,” he said. “As we remember the lives lost 25 years later, the heartbreak remains strong and the work to ensure that every person can live safe from violence in this country continues.”
2026 Midterm Elections
Chris Pappas wins NH Democratic Senate primary
Gay congressman running to succeed retiring U.S. Sen. Jeanne Shaheen
New Hampshire Congressman Chris Pappas on Tuesday won the Democratic primary in the race to succeed retiring U.S. Sen. Jeanne Shaheen (D-N.H.) in the U.S. Senate.
Pappas defeated Karishma Manzur, who was his primary challenger, by a 61.8-36.1 percent margin.
The gay congressman will face off against former U.S. Sen. John E. Sununu, who defeated former U.S. Sen. Scott Brown in the Republican primary.
“Tonight’s victory sends a clear message that voters are looking for leaders who will fight for their rights, their freedoms, and to be treated with dignity and respect,” said Human Rights Campaign President Kelley Robinson in a statement.
She campaigned for Pappas in Manchester, New Hampshire’s largest city, on Aug. 30.
“Chris Pappas has delivered results, stood up for equality, and showed up for the people he serves,” said Robinson in her statement. “HRC was proud to mobilize Equality Voters across New Hampshire to help power this win. We don’t have a second to waste between now and November. We look forward to continuing our work with Rep. Pappas as he drives toward victory in November so he can help return a pro-equality majority to the United States Senate.”
A poll the University of New Hampshire Survey Center released on Aug. 26 showed Sununu ahead of Pappas by a 45-43 percent margin if they were to face off in the general election. The margin of error is +/-2.1 percent.
Pappas would become the first openly gay man elected to the U.S. Senate if he were to win in November.
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