General guidelines for law enforcement interactions
The following procedures shall apply during interactions with transgender and gender non-binary individuals:
- When referring to or talking about a transgender individual’s status, the terms “Transvestite” and “Transsexual” are outdated terms and should not be used. The correct term to be used is “Transgender”.
- Address transgender individuals by their preferred name and use their preferred gender binary or gender non-binary pronouns appropriate to the individual's gender self-identity and expression.
- Service members shall not assume a person’s transgender status or sexual orientation based solely on their appearance. Members may receive visual or verbal cues about a person’s gender identity during their interaction with transgender or gender non-binary individuals.
- If an service member obtains any of the following visual or verbal cues and becomes aware of an individual’s transgender or gender non-binary status, the following shall apply:
- When a person identifies himself/herself as transgender, the officer shall accept their expressed gender identity and shall not question it.
- When a person identifies themselves as gender non-binary, the officer shall accept their expressed gender identity and shall not question it.
- When a person identifies as transgender, refer to them by the pronoun that matches their gender identity or by which they would like to be referred (she / her / hers or he / him / his).
- When a person identifies as gender non-binary, refer to them by the pronouns that match their gender identity or by which they would like to be referred (they, them, and theirs).
- A government-issued form of identification (such as a passport), shall not be acceptable as an initial proof of an individual’s gender identity as it can often reflect the gender from which the individual is transitioning (as part of the transition process) and not the biological gender or gender identity the individual possesses.
Police Interaction with Transgender and Gender Non-Binary Individuals
- Any information obtained about an individual's transgender status or gender non-binary status (e.g., preferred name and pronoun) should be documented and provided to relevant service members for the purpose of ensuring continuity of appropriate treatment (e.g., in the narrative of any police report). The officer shall not refer to the person’s legal gender or legal name in the narrative of the report if the individual requests a preferred name and gender be used. The officer shall document the preference in the narrative (e.g., “The Victim Smith identifies as a transgender female and will be referred to as her preferred name, Smith and as female throughout this report.”).
- The mention of the transgender status should be noted in the narrative of the report to avoid confusion if the individual’s presentation may differ when appearing in court, or if their legal name and gender differs from their gender identity or gender expression, and;
- Under no circumstances shall service members disclose to non- involved persons an individual’s transgender or gender non-binary status. A "need to know" basis shall guide decisions about the disclosure to other service personnel.
- Non-traditional gender identities and gender expressions do not constitute reasonable suspicion or evidence that an individual is attempting to conceal their identity. They simply do not conform to the social constructs of masculine or feminine gender standards.
- Non-traditional gender identities and gender expressions do not constitute reasonable suspicion or evidence that an individual is engaging in or has engaged in prostitution or any other crime.
Gender expression may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine.
The term “gender nonconforming” is a broad term referring to people who do not behave in a way that conforms to the traditional expectations of their gender, or whose gender expression does not fit neatly into a category. This term may apply to transgender persons, but it may also apply to others whose outward appearance, dress, and manner is inconsistent with their sex assigned at birth, but who do not necessarily identify as transgender. Related terms include genderqueer, nonbinary, androgynous, and gender-variant.
T/GNC persons may or may not be lesbian, gay, or bisexual. Sexual orientation describes a person’s inherent or immutable emotional, romantic, or sexual attraction to other people, but is not a matter of gender identity. While some refer to the lesbian, gay, bisexual, and transgender community (LGBT) collectively, this document focuses on concerns specific to T/GNC people.
Transgender persons may also alter their bodies to align with their gender identity by going through what is referred to as transitioning. Transition may include such procedures as hormonal therapy, facial hair removal, the implantation of prosthetics, and sometimes, but not always, gender affirming surgery.
Forms of Address
In some cases, on initial contact, an officer may be unsure about the gender identity of a T/GNC person. As such, the officer may choose to use the person’s gender expression and presentation to initially determine how to address the individual, such as the use of pronouns and terms like “miss,” “sir,” “him,” or “her.” If there is any doubt, agencies may elect to instruct officers to inquire as to the individual’s preferred form of address. In some cases, individuals may inform officers how they would like to be addressed, either by an appropriate pronoun or by the name they ordinarily use. In these instances, officers should honor the request of the individual rather than rely on the perceptions of the individual’s gender or the sex designation on government-issued licenses or other forms of identification. The individual’s chosen name should be used at all times to address the individual. Officers should not ask individuals for information regarding their anatomy, surgical history, or sexual practices absent an articulable and compelling need—and should not ask such questions for the purpose of determining a person’s gender.
Agencies should address how an individual’s chosen name, if different from their legal name, should be documented. For instance, on incident, arrest, or other reports, the person’s legal name may be used and the chosen name listed separately in a manner otherwise designated by agency policy. Reports should use pronouns consistent with the person’s gender identity, as would be used when talking to the person. Derogatory terms or names should never be used in conversations or in writing. Also, terms such as “pre-op,” “post-op,” or “non-op,” may be considered offensive by many persons and may relay information that is privileged between a transgender person and their medical provider.
Finally, officers as well as other agency employees, should respect the privacy of T/GNC individuals. This includes limiting conversations about a T/GNC individual’s gender to persons who have a need to know, such as a transporting officer or another officer who assumes custody of the individual, such as a booking and/or holding facility assignment officer.