Fifty five years after a police raid at a popular drag bar in Greenwich Village led to the Stonewall uprising, interactions between police and queer folks can certainly appear a lot different than they did in the 1960s. The laws banning crossdressing, obscenity, and same-sex sexual relations that enabled police to harass LGBTQ people have largely been overturned in court. The pride parades that commemorate the Stonewall uprising now often have a police escort. Many police departments have hired LGBTQ community liaisons, fly rainbow Pride flags in June, and issue proclamations honoring Transgender Day of Remembrance.

Far from signs of progress, however, these symbolic gestures obscure the many ways police harassment, profiling, and violence continue to target sexual and gender minorities, with poor, Black, and transgender people often facing the worst of it. In our new report, Policing Progress: Findings from a National Survey of LGBTQ+ People’s Experiences with Law Enforcement, we found that routine and widespread mistreatment by police continues to fuel mistrust between LGBTQ people and the very law enforcement that claims to protect and serve them.

Using survey data collected by NORC at the University of Chicago, the ACLU, in collaboration with the University of Illinois Urbana-Champaign and the University of California, Irvine, found disparities between LGBTQ people and non-LGBTQ people, and within the LGBTQ community in reported experiences with police. As a group, LGBTQ people reported more adverse treatment by police than non-LGBTQ people. This is particularly pronounced among bisexual, transgender, and nonbinary people, who more commonly experience insulting language and physical force from the police.

More than one in four (27 percent) transgender people report experiencing physical force by police. Black transgender people were the most likely to have experienced physical force by the police among all LGBTQ people. Transgender and nonbinary respondents (45 percent and 33 percent, respectively) were significantly more likely than LGBTQ cisgender men (15 percent) to have experienced insulting language by the police.

This kind of mistreatment can range from misgendering transgender people, profiling someone as a sex worker because of their gender expression, subjecting them to needless physical searches, and even physical and sexual violence. For example, earlier this month, a transgender man won a $275,000 settlement after being forced by New York prison officials to undergo four separate and illegal genital examinations. A 2021 survey of transgender people currently held in New York prisons found an astonishing three quarters reported at least one act of sexual violence by a corrections officer.

The ACLU has combated instances of police abuse in the LGBTQ community, including in 2019, when the New York Civil Liberties Union reached a settlement with the NYPD on behalf of Linda Dominguez, a 45-year-old transgender Latina, after they charged her with “false personation” for carrying an ID with her former name (or “deadname”) on it. Officers chained her to a pipe and verbally harassed her following her arrest. Two years prior, in 2017, the ACLU of the District of Columbia settled with the Metropolitan Police Department on behalf of Lourdes Ashley Hunter, executive director and co-founder of the Trans Women of Color Collective, after police entered her home without a warrant, physically assaulted her, and left her with multiple injuries.

It’s no wonder then that our report also found widespread mistrust among LGBTQ people towards law enforcement, with the very members of the LGBTQ community that face the highest rates of victimization reporting the least willingness to seek help from police.

Only 69 percent of bisexual and 60 percent of queer people indicated that they would call the police for help in the future, compared to 80 percent of gays and lesbians and 87 percent of straight, cisgender people. Less than two-thirds of Latine LGBTQ people surveyed said they would be likely to call the police for help in the future, compared to nearly three-fourths of white LGBTQ people. Less than two-thirds of transgender respondents were likely to call the police for help in the future, compared to 82 percent of cisgender LGBQ men. Approximately one-quarter of nonbinary people were willing to call the police for help.

At the ACLU, our advocacy recommendations have centered around the multiple, concrete steps communities and local governments can take to help ensure the safety of LGBTQ people from police harassment and violence, including:

• Reducing negative encounters between police and community members. Law enforcement must end policies and practices that require or incentivize officers to engage in aggressive tactics, such as quotas for citations or arrests, stop-and-frisk, and ceasing enforcement of consensual sex work.
• Adopting specific policies and practices that ensure fair and equitable treatment of LGBTQ+ people. We urge police to place prohibitions on the use of explicitly hateful language and frisks and searches aimed at determining someone’s gender.
• Reconsidering police presence in public LGBTQ+ spaces and events, such as pride parades and festivals.
• Implementing strong oversight with meaningful community involvement to provide transparent and accessible complaint processes and require law enforcement agencies to take corrective action when complaints suggest a pattern of problems.
• Repealing existing laws that explicitly criminalize LGBTQ+ people and expression, and opposing any proposed anti-LGBTQ+ laws, including those that would criminalize necessary medical care or criminalize drag.

Many states continue to advance laws that seek to further police LGBTQ life, including efforts to censor drag performers and criminalize transgender people who use public restrooms consistent with their gender identity. As outlined in our memo, Trump on LGBTQ Rights, former President Donald Trump and the extremists behind Project 2025 want to go even further, weaponizing the federal government to criminalize gender nonconformity and ordering the Department of Justice to repeal protections for incarcerated transgender people.

But many of these problems are perpetuated at the local level–often by the very same cities and municipalities who proudly host pride parades or fly rainbow flags on their police cruisers. LGBTQ people and our allies shouldn’t be fooled by flashy but shallow shows of support or lofty social media statements from police departments about “inclusion.” More than half a century after Stonewall, communities have a duty to move past symbolism and move us closer to a future built on safety, respect, and freedom.

Emily Greytak, ACLU; Jordan Grasso, University of California, Irvine; and Stefan Vogler, University of Illinois, Urbana-Champaign contributed to this article.

When it comes to immigration and public safety, Republican and Democratic platforms have become virtually indistinguishable. Both sides are espousing a narrative that calls for harsher policies, more enforcement, and increased incarceration. Candidates have bought into the idea that to win votes, they must lean into “toughness.”

So how did we get here? Extremist candidates currently control the narrative on both issues and are weaponizing Americans’ fears to win support. These extremist candidates paint a picture of communities under siege and insist the only way to keep families safe is by turning people away who seek safety at the border and putting more people behind bars. They label any candidate who disagrees with this approach as “soft,” “weak,” and “unfit” to address the issues facing our communities.

New ACLU polling shows, however, that despite all the fearmongering in American politics, voters want something completely different. Our survey showed that in battleground states, Congressional districts, and across the nation, when it comes to immigration and public safety voters want solutions that address the root causes of both issues – not calls for more punishment. Our research, coupled with recent surveys from other leading organizations, clearly shows taking a page out of the MAGA playbook is a liability – not a winning strategy.

Here’s what you need to know.

“Tough on crime” and “tough on immigration” policies don’t make us any safer, and instead, only exacerbate many of the underlying issues of both. For instance, inhumane policies that illegally limit who can ask for asylum force vulnerable people to wait in limbo in dangerous conditions for years, leading to further confusion and disorder at the border. Our nation’s overreliance on police and incarceration has disproportionately harmed Black and Brown people, those experiencing addiction and mental health issues, and people who are homeless. It has also perpetuated cycles of harm by saddling people with criminal records that only create additional barriers to success.

Voters understand that more of the same is not the answer, and that it’s past time to tackle the root causes of issues in both areas. Candidates would do well to listen to them, not just to capture votes, but because they’re sound policy solutions.

For more than 100 years, the ACLU has consistently fought for policies that advance justice and safeguard our rights. But this work isn’t easy. Even lawmakers who champion of LGBTQ+ rights, protect abortion access, and safeguard democracy can compromise their principles to support harmful immigration and criminal legal policy bills when they believe it’s the only way to win over voters. Here’s the good news: Our research shows that even though voters are concerned about public safety and immigration, they want real solutions that tackle the root causes of both. Conventional political wisdom that assumes when voters are afraid, candidates must lean into toughness, is wrong. Leading with humanity and justice is more than just the right thing to do – it’s politically advantageous.

Recent polling shows that immigration is a top concern for many voters. Yet more than 73 percent of Americans believe that we should not only provide access to the asylum system for people fleeing persecution and violence, but also a road to citizenship for long-term residents and Dreamers.

Rather than extreme partisan politics or cruelty, voters want candidates who champion real solutions. In surveying voters across six congressional battleground districts, 65 percent agreed that the country needs a balanced approach to immigration that both manages the border and provides a path to citizenship for long-term residents, over the idea that it’s either too dangerous or too costly to open up our country to immigrants. Sixty-eight percent of voters in seven key battleground states similarly favor a balanced approach.

Notably, our research shows that when candidates, regardless of party affiliation, adopt a balanced, solutions-focused approach, they outperform their opponents’ fear-based messages. In a national YouGov survey, voters presented with a Republican candidate using a “balanced approach” message against a Democratic candidate’s “tough-on-immigration” message, chose the Republican candidate by 16 points. Similarly, voters presented with a Democratic candidate using a “balanced approached” message against a Republican tough message, chose the balanced approach message by seven points, while the Democratic “tough-on-immigration” approach lost or tied.

Although nationwide crime is at historic lows, voters across the political spectrum believe it’s going up — and not just in big cities, but in their own communities. Despite their concerns, voters overwhelmingly want prevention, not punishment. They believe investing in community-based services is the most effective way to foster safety. Nationally, improving access to mental health care as a public safety solution outperforms putting 100,000 more police on the streets by a staggering 26 points.

In some of the toughest Congressional districts across Arizona, California, New Jersey, and Ohio, 59 percent of voters don’t think we can arrest our way out of homelessness, unemployment, and poverty. Instead, they believe investing in services that will treat the root causes of these problems, like affordable housing and job training, is a more effective solution than relying on punishment and incarceration.

Whether it’s a Republican or Democrat espousing a “tough on crime” narrative based on fear, they lose to the candidate offering a response focused on solutions. In two New York battleground congressional districts, both currently held by Republicans, we tested two different frames on crime and public safety against a “tough-on-crime” incumbent. The survey found that the challenger offering solutions like affordable housing, mental health, and addiction treatment performed five points better among all voters. Notably, this candidate won undecided voters by 19 points.

With sound proof that voters are eager for real solutions – like those that keep families together, ensure people have access to mental health and addiction treatment, and that invest in solving housing insecurity – there’s no excuse for candidates to fall back on fear.

Our research delivers a clear message for candidates: Voters are hungry for bold, new solutions, not the same old fear-driven tactics. The key to success in 2024’s electoral battlegrounds lies in presenting innovative, solution-focused approaches to immigration and public safety. This research should serve as a wake-up call for candidates who’ve fallen to the idea that to win their elections, they must lean into harsher rhetoric and policies. The opposite is true. Candidates should embrace the electorate’s desire for justice and humanity.