University of Miami Race & Social Justice Law Review

Document Type



Although the Supreme Court’s recent decision in Obergefell v. Hodges provided some indication of equality for members of the LBGTQ community, the sad truth is that discrimination against those who do not identify as “heterosexual” reaches far deeper than the right to marry. This discrimination is especially present with regards to biased treatment by law enforcement officers and a lack of accommodations or protections within the court and prison systems. In a nation that has seen various groups of people fight for and earn their equality over and over again, it is truly concerning that the LGBTQ community is still being punished simply for being different. This article delves deeper into some of the historical and present problems facing members of the LGBTQ community with specific regards to the unethical and discriminatory treatment within the criminal justice system. The article then suggests guidelines that should be put into place to ensure the equal treatment of LGBTQ citizens by law enforcement and to offer protections within the court and prison systems.