Human Dignity Behind Bars: Public Support for Consensual Sex and Transgender Rights in American Correctional Institutions

• In Event: Perceptions on Rights and Reform in American Corrections

Abstract

The current U.S. correctional system imposes severe restrictions on sexual and intimate behaviors behind bars, including kissing, hugging, consensual sex, and even masturbation in private cells. Because sex is not allowed, many prisons do not provide condoms for protection, despite the prevalence of consensual sexual activity among inmates. This lack of preventive measures contributes to high rates of sexually transmitted infections in prison populations. In addition, inmates with nonbinary gender identities are frequently housed according to their biological sex, encounter obstacles in accessing necessary gender-affirming treatments and supplements, and are often misgendered or treated disrespectfully. Drawing from a YouGov survey (N = 800) conducted in July 2023, this study examines public attitudes toward prison reforms that uphold incarcerated people’s rights to sexual and intimate relationships, as well as recognition of nonbinary gender identities. The findings reveal that gender ideology, religiosity, and political affiliation significantly impact public opinions on such prison reforms. These insights highlight the political, religious, and gender-ideological divisions that shape public attitudes toward prison policy.

Authors

• Li-Chen Chu, SUNY Albany

• Justin Pickett, SUNY Albany

• Paula H. Smith, University of Cincinnati

• Francis T. Cullen, University of Cincinnati