Gay & Lesbian Advocates & Defenders

Celebrating 30 years as New England's leading legal rights organization dedicated to ending discrimination based on sexual orientation, HIV status and gender identity and expression.

Criminal Justice System and Prisons

Criminal law can be bewilderingly complex and stressful. Though this area is not the primary focus of GLAD's work, it can effect LGBT and HIV-positive people in dramatic ways. Because of this, GLAD makes every effort to provide people with resources and connections with experts in the field.

At a Glance

LGBT and HIV-positive individuals often experience unique difficulties when dealing with the criminal justice system. At best, the system is poorly designed to accommodate and serve the needs of GLAD’s community. At worst, it is overtly and deliberately hostile.

Antiquated anti-gay “sodomy” laws have been struck down, but other criminal laws related to sex—statutes that may be neutral on their face—are often enforced in a discriminatory way against gay men. In prison, LGBT individuals are frequently targeted for mistreatment and physical or sexual attacks. Prison officials may participate in such abuse, turn their backs on it, or lack institutional tools to adequately protect LGBT inmates. Transgender inmates and people with HIV may face additional difficulties gaining access to appropriate medical treatment. 

Criminal Justice System and Prisons: Information for Your State

Rhode Island Connecticut Massachusetts Vermont Maine New Hampshire
Specific laws can vary
greatly from state to state

For more information, please visit a state page:

GLAD's Work On Criminal Justice System and Prisons

From the Docket

Commonwealth v. Smith

Loss • 2003

In 2000, GLAD filed a brief in a Middlesex Superior Court criminal… Read More

See GLAD's Full Case Docket »

Share Your Story

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Stories Matter

The more people know their LGBT and HIV+ family, friends, and neighbors, the more likely they are to support our rights and help us work toward full equality.Read More

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