Cash bail an injustice to LGBTQ+ community
The criminal justice system should be designed to treat all people fairly, yet we know that is not the case.
Individuals who identify as LGBTQ+ are one of many communities the system fails, and they disproportionately interact with the criminal justice system.
From arrest to probation and parole, LGBTQ+ individuals are overrepresented throughout every stage of the process and are far too often faced with injustice at the hand of cash bail.
Cash bail is one of the most problematic features of our criminal justice system.
It requires the upfront payment of money before an accused person can be released from jail, and it exacerbates inequality by basing someone's freedom on the size of their wallet. On any given day in Ohio, there are as many as 12,000 people being held pretrial.
Our overreliance on cash bail perpetuates a twotiered system of justice: one for the wealthy and one for the rest of us. "If you can pay, you don't have to stay" might as well be the motto.
At its core, the cash bail system criminalizes race and poverty, and it disproportionately impacts the LGBTQ+ community, especially LGBTQ+ Black, Indigenous and people of color.
According to a 2015 survey of LGBTQ+ prisoners, 74% of those surveyed had been held in jail before their trial because they could not afford bail. More than half were held for a year or longer.
Given the stigma many already face, some LGBTQ+ Ohioans, and especially trans women of color, do not always feel safe being 'out' in public.
Ohio does not yet have a statewide law that protects LGBTQ+ people from discrimination in employment, housing and public accommodations.
This lack of statewide protections makes it challenging to show proof of community ties, such as a good job or housing — and it underscores yet another reason why the Ohio Fairness Act must pass this legislative session.
The cash bail system also is limited in how it views family and community connections, overlooking the strength of personal support networks and chosen family.
LGBTQ+ people and others who do not conform to gender stereotypes are at greater risk of facing harassment and physical and sexual abuse behind bars. Transgender women face hugely disproportionate rates – 12 times greater – of sexual assault.
Access to necessary health care is another barrier, especially for those who are transgender. Pretrial detention can derail hormone therapy or other transition-related care. It also poses risks to those who are living with HIV/AIDS for whom specific medical care is needed to control symptoms.
LGBTQ+ people also are more likely to be placed in solitary confinement.
Officials describe this practice as “protective custody;” yet, this measure does nothing but cause harm.
A staggering 85% of incarcerated LGBTQ+ people have reported being forced into solitary confinement, while more than half reported over two years spent entirely alone.
Ohio has an opportunity to change that reality: a new legislative effort is underway to reform our broken cash bail system through bipartisan companion bills – Senate Bill 182 and House Bill 315.
These bills promote smart policy by ensuring release decisions for legally innocent people are based on individual circumstances, not whether someone has money. We must cut ties with policies that are discriminatory, harmful and ineffective.
All Ohioans would benefit from passing this legislation, but those who are disproportionately harmed by Ohio's current cash bail system – such as the LGBTQ+ community – would have even more to gain.
J. Bennett Guess is executive director of the ACLU of Ohio. Alana Jochum is executive director of Equality Ohio.