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Homosexual Prisoners

Current demographic estimates figure that approximately 3% to 9% of the general U.S. population are gay. Similar numbers are thought to live in the nation's penal system. As a result, at any given moment, there are believed to be anywhere from 60,000 to 180,000 gays being detained in U.S. prisons and jails. Though no longer subject to the harsh sodomy laws of the past, these men remain targets of discrimination, hate crimes, and sexual assault, inside and outside prison walls.

Incarcerating Homosexuals

Until recently, sexual acts considered to be particularly associated with homosexuality have been against the law in many states. In Oklahoma, for example, persons found guilty of engaging in sodomy faced a maximum prison sentence of 20 years. This law and others like it tended to discriminate against gays as heterosexuals engaging in the same activity were rarely punished. This disparity continued until the landmark case Lawrence and Garner v. Texas (2003), in which the U.S. Supreme Court ruled 6–3 that sodomy laws were unconstitutional.

Gender Roles

Within single-sex environments such as prisons, normative gender role systems become complicated. For instance, because women are not housed with male prisoners, traditional divisions of gender do not exist there. Instead, interaction between inmates serves to establish a unique cultural hierarchy based on gender roles rather than gender itself. Researchers have attempted to understand the existing gender role system in prisons and to ascribe meaning to three specific observed roles. The roles of “men,” “queens,” and “punks” serve to stratify inmates into a power structure that is partly based on perceived gender roles from outside the institutional setting.

Men, Queens, and Punks

The majority of male prisoners are classified as “men,” meaning that they uphold most traditional norms of masculinity. Regardless of their behavior, most other inmates and guards do not consider them to be homosexual. Most “men” exhibit heterosexual behavioral patterns before and after incarceration and it is only within the confines of the penal system that they may act out what outwardly appear to be homosexual acts. Conversely, “queens,” also known as “bitches” or “ladies,” are homosexuals whose behavioral patterns inside prison are similar to their actions on the outside. Within the prison subculture, they are essentially considered to be females and are strictly receptive in terms of penetrative sex.

“Queens” are generally submissive to the “men,” and are usually not allowed to hold positions of obvious social power. In many correctional facilities, queens are systematically separated from the rest of the population to protect them from violent attacks and to reduce the occurrence of sexual activity and assault. This partitioning sometimes leads to discrimination against queens, and they are often denied inmate privileges, such as library and yard exercise rights. Effeminate gay men who enter the prison system are often pressured to assume a role because overt homosexuality is believed to be socially unacceptable. However, men are able to exist as openly gay without having to subscribe to these specific gendered identities. A small percentage of homosexuals pass as “men” by assimilating into this dominant subculture.

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