Black eyeliner rings Tyniesha Stephens’ large brown eyes. Her long, dark hair is pulled back in a ponytail, and she excitedly shares pictures of herself in the blonde wig and skirts she dons when she’s not in orange jail garb.
Yet Stephens lives among men in a Texas jail where she is serving a sentence for prostitution. And she knows she is nothing like them.
“I am feminine, a feminine person, a transgender woman, and some guys look at me, you know, with that eye,” Stephens, 28, said. “I feel very uncomfortable.”
Stephens, whose legal first name is Marques, has been taking hormones for 10 years and is partly transformed into a woman. She’s hopeful that soon, she can serve out her time in a women’s jail. But how soon — or if — that can happen is in question.
The Harris County Jail in Houston, the third-largest in the country which processes some 125,000 inmates annually, is one of many nationwide implementing changes to the way it treats its gay, lesbian, bisexual and transgender population. The changes stem from a law passed by Congress under former President George W. Bush that requires federal, state and local lockups to eliminate rape in part by adjusting regulations about how the population lives behind bars.
It’s not easy. As jails sort out how to put the law into place, conflicts are arising between existing state laws and the federal rules, making the implementation process slow and difficult.
Housing is one of the most difficult questions. Until now, gays, lesbians and transgender inmates were often housed separately, but based on their biological gender. Stephens lives with gay men. The new rules say it is discriminatory, as well as potentially unsafe, to house people based on sexual orientation and gender, and so now they hope to house inmates based on where they will be safest, and consider gender identity when making that decision.
“Transgender women have to be eligible for women’s housing. That is where they will be safest,” said Harper Jean Tobin, director of policy for the Washington-based National Center for Transgender Equality. “These are women who are psychologically women.”