Documentos de Académico
Documentos de Profesional
Documentos de Cultura
EXCLUSION
J O S É T O R O - A L F O N S O
WAY OF BY
EXCLUSION
Homophobia and Citizenship in Puerto Rico
J O S É T O R O - A L F O N S O
2
Commonwealth of Puerto Rico
0
Civil Rights Commission
0
7
Commonwealth of Puerto Rico
Civil Rights Commission
COMMISSIONERS EMPLOYEES
Mr. Héctor Pérez Rivera, Esq. Ms. Liza Y. Morales Jusino, Esq.
Vice Chairperson Legal Advisor
Mr. José I. Irizarry Yordán, Esq. Mr. Joel Ayala Martínez, Esq.
Secretary Legal Advisor
Preface ............................................................................................................................5
Acknowledgments .........................................................................................................7
Dedication......................................................................................................................9
REPORT
I. Introduction and Review of Literature ...................................................................11
a. The Desire that Dares Not Speak its Name..................................................................12
b. Research on Homosexualities in Puerto Rico ................................................................13
c. Homophobia: The Way of Exclusion .............................................................................15
d. The Institutionalization of Social Difference and Exclusion....................................15
e.From Exclusion to Full Citizenship ................................................................................17
II. Method ...............................................................................................................................19
a. Ethical Issues in the Protection of the Participants and Legal Issues of the Study......21
b. Participants ....................................................................................................................22
• Participants in the Survey for the Gay, Bisexual, Lesbian and
Transgender Community.......................................................................................22
•Participants in the Focused Interviews: Employees of the Participating Agencies ....25
c. Instruments ............................................................................................................27
• Informed Consent Form .......................................................................................27
• Quantitative Questionnaire .................................................................................27
• Qualitative Interviews ........................................................................................28
• Guide for the Interview with the Employees of the Participating ..........................28
• Guide for the Focus Group ...................................................................................29
d. Procedure..............................................................................................................29
• Preparation of Databases .....................................................................................30
III. Analysis ...................................................................................................................31
a. Quantitative Analysis ............................................................................................31
b. Qualitative Analysis...............................................................................................31
IV. Results .....................................................................................................................32
a. Quantitative Phase: GLBT Community ............................................................32
• Victimization Experiences .................................................................................32
• Experiences in Government Agencies in Puerto Rico ...........................................33
By Way of Exclusion • 3
• Perception of Social Exclusion in Puerto Rico .....................................................36
• Perception of Stigma toward Homosexuality, Lesbianism, Bisexuality ................38
b. Quantitative Phase: Employees of Government Agencies ....................................39
• Prejudice and Social Distance............................................................................39
c. Qualitative Phase: Employees of Government Agencies.......................................43
• Discriminatory Experiences at the Agencies Where They Work...........................43
• Knowledge about and Attitudes toward the GLBT Community .........................49
• Public Policies at the Agencies ............................................................................76
V. Discussion and Recommendations .................................................................80
a. The Conditional Right........................................................................................81
b. Social Policies .....................................................................................................82
c. Gender Reversal as a Basis for Exclusion .............................................................82
d. Strategic Recommendations.................................................................................82
References ......................................................................................................................88
By Way of Exclusion • 5
world, must guarantee life, the access to public services and the enjoyment
of the human rights of people regardless of their sexual orientation and
gender identity. All public agencies have the duty to provide services
and protections in equal conditions. They also have the special duty
to protect this community from the violence of which it is a victim.
By Way of Exclusion: Homophobia and Citizenship in Puerto Rico is an
important contribution to human rights literature. This research
provides conclusive evidence of the fact that homophobic values and
behaviors exist, that these prejudices create discriminatory environments,
that the public entities responsible for protecting the rights of the
people make their services conditional and sometimes deny them to
people on the basis of their sexual orientation and gender identity, and
that many people from the GLBT community live in conditions of
violence that threaten their dignity and even their lives. By Way of
Exclusion also provides us with a roadmap to combat the cancer of
homophobia. The Civil Rights Commission wishes to express its
deepest appreciation to Dr. José Toro Alfonso and his team of
researchers, as well as to all of the people who participated in the
interviews of the project for offering us such a valuable instrument in
the fight against homophobia. The GLBT community and the people
of Puerto Rico can rest assured that this Commission will work diligently
to implement the recommendations of this research and take all of the
necessary actions to eradicate all ways of exclusion on the basis of sexual
orientation and gender identity.
The principal researcher and his research team wish to thank the
former executive director of the PUERTO RICO CIVIL RIGHTS
COMMISSION, Mr. Osvaldo Burgos, Esq., for all his support. His
enthusiasm and passion for the defense of human rights are truly
infectious.
We wish to acknowledge the support we received from the
COMMISSION FOR THE PREVENTION OF VIOLENCE
(COPREVI, Spanish acronym), which was an important part of this
work. COPREVI partially sponsored this research with its financial
contribution.
We wish to thank the heads of the participating agencies for their
immediate willingness to support the study and for issuing the necessary
instructions to efficiently conduct our research work.
We wish to thank each and every contact person at each of the
agencies. Without their diligent collaboration in the identification
of the sample and in expediting the meetings with the participants,
our task would have been much more difficult.
We would also like to thank the university authorities for all their
collaboration and support through the Intramural Practice Office and
its support personnel. We wish to thank the Assistant Dean for the
Procurement of External Funds of the Office of the Dean for Graduate
and Research Studies, Dr. Blanca Ortiz, for her orientation and
constant support.
We wish to express our appreciation to the Director of the
Psychology Department, Dr. Dolores Miranda, who very willingly
welcomed the development of the study by providing institutional
support, space and acknowledgment to the principal researcher.
We also wish to show our appreciation for the availability of the
people from the GLBT community who were so willing and interested
in collaborating in the study in multiple capacities: as participants in
the surveys, as recruiters, as part of the Advisory Committee and as
contact facilitators, and for wishing us success in this work.
RESEARCH TEAM
By Way of Exclusion • 9
“We have a big homosexual population which is being neglected in certain areas,
which is desperately screaming out that they want to be accepted,
and not be humiliated, stereotyped or kicked out,
but to be accepted just as they are, the way they are,
so that they will show what they are as human beings.”
(Interview at the Department of Justice)
The Civil Rights Commission was created by virtue of Public Law No. 102 of June
28, 1965, as amended. Afterwards, this Organic Act was amended by Public Law No.
186 of September 3, 1996, which attached the Commission to the Legislative Assembly.
The Commission has the mission to protect and ennoble civil rights in Puerto Rico
by educating the people and government officials, conducting research and providing
orientation about these fundamental rights.
The main duties of the Commission are educating the people about the meaning
of the fundamental rights that protect the members of a democratic society such as
ours and recommending legal and administrative reforms designed to protect, ennoble
and improve those rights. These duties are carried out through various programs aimed
at education, research and recommendation of public policies that will strengthen and
protect the rights of the citizens.
The history of the commitment and of the arduous labor of the Commission is
very well-known in Puerto Rico and respected in both civil society and in government
and judicial spheres. Throughout its forty-year history, the Commission has been
widely represented in all the debates of the Puerto Rican civil society. Part of this
work can be seen in Volumes 1 and 2 of the reports of the Commission published in
1973, which cover the work of the Commission between 1959 and 1972 (Comisión de
Derechos Civiles, 1973a; 1973b).
Recently, the Commission has explored the subjects of sexism, racism and the right
to life, thus becoming an integral part of the voices against establishing the death
penalty in the country. The spirit of the Commission has been the voice of alert in the
defense of the supreme rights of each citizen as established in the Constitution of
Puerto Rico.
The Commission devises its strategies at the request of citizens who ask for its
intervention through formal complaints or private communications. Likewise, the
Commission identifies critical areas in which it believes that rights are being violated
and that developing appropriate interventions is necessary.
It is within this context that the Commission raised the question of the situation
of the fundamental rights of gay, lesbian, bisexual and transgender people in Puerto
Rico. The few complaints that have been formally filed with the Commission seem
By Way of Exclusion • 11
to present a vulnerable area for a sector of society that seems to be marginalized and
excluded due simply to their sexual orientation (complaints of 04/15/04, 11/29/04,
01/27/05 and 02/09/05). This situation is manifested in the social differentiation of
gays and lesbians to the extent of completely excluding them from society.
Much has been said about homosexuality as an innate characteristic, alleging that
sexual orientation is not biologically determined but rather built through personal and
social history (Mucciaroni & Killian, 2004). Although this idea may seem attractive,
it has generated a series of debates regarding the origin of homosexuality. Likewise,
simplistic explanations about homosexuality have proliferated. The efforts to find
hormonal or genetic characteristics of this sexual orientation have multiplied. Some
researchers have proven that if a man is gay and has an identical twin, this twin also
tends to be homosexual. In fact, Ardila (1998) points out that “Fifteen years ago we
emphasized learning factors, whereas at the end of the century we are emphasizing
genetic and hormonal factors” (pg. 78).
The truth is that hormonal and even brain differences are not universal. When
researchers state that there are differences in the size of certain brain structures in
homosexual males and indicate that their size is similar to those in women, we will
never know whether that responds to the essence of those brain structures or to the
social construct of heterosexual masculinity (Hammer & Caplan, 1994).
Sexual orientation has been one of the most studied phenomena in the last decade,
and possibly the least understood by our society. The history of humanity is plagued
by cases of incomprehension, rejection, violence and marginalization toward this
population. From the most ancient interpretations of the events of Sodom and
Gomorrah, the Inquisition of the Roman Catholic Church, the burning of witches, the
psychoanalysis couch and the electroconvulsive and aversion therapies to the modern
sodomy codes, society, in one way or another, has kept its fear and rejection toward
differences in sexual orientation intact (Herek, 2000).
Studies on sexuality have made much progress since the studies by Kinsey, Pomeron
and Martin in 1948 and 1953. Almost 50 years have passed from the time when sexuality
was exclusively examined within the field of biology, with the important research of
Master and Johnson (1966; 1970) in the United States and Hirschfeld in Germany (1935),
to the most recent studies regarding the social organization of sexuality by Laumann,
Gagnon, Michael and Michaels (1994).
1
For more information about research on homosexuality in Puerto Rico, see Toro-Alfonso, J. (2006). El estudio de las
homosexualidades: Revisión, retos éticos y metodológicos [Study of Homosexualities: Review, Ethical and Methodological
Challenges]. Revista de Ciencias Sociales, 14, 78-97.
By Way of Exclusion • 13
Ángel Lozada (1996), on the other hand, reveals his culinary taste and his irony in
the novel La Patografía in which the most succulent dish is cooked with a mixture of
religious references and references to intergenerational suffering that could very well
constitute the same stereotype about homosexual desire known by our literature.
Other more influential authors of the queer theory present, with elaborate language
and postmodern discourse, the complexity of the homoerotic desire (Ríos Ávila, 2002).
Likewise, Mayra Santos-Febres (2000) presented the complexity of gender and
homosexualities in an extraordinary manner when she narrated Selena’s adventures in
search of her identity in her manifestation of femininity.
Recently, we have seen academic research related to the subject of gender
transgression (Rodríguez-Madera & Toro-Alfonso, 2002) with the description of risk
behaviors for HIV infection and the situations of vulnerability of a sample of transgender
people in Puerto Rico. Furthermore, Toro-Alfonso and Rodríguez Madera (2004)
published a paper about domestic violence in same-sex couples in which they examined
the prevalence of emotional, physical and sexual aggression in male homosexual couples
in Puerto Rico. Another paper described the process of constructing homosexuality
in populations of young adolescents (Mercado, 2000) comparing it to the development
of the heterosexual sexuality of a parallel group of young people. Ramírez, García Toro
and Solano-Castillo (2004) presented the stories of a group of men in their description
of the acknowledgment and subsequent acceptance of their homosexual desire, which
was defined as the process of coming out of the closet in a sample of Puerto Rican
men.
The variety of topics and the versatility of the work show the growing interest in
the subject matter of sexualities and their particular manifestations in our society.
Although less, research on lesbianism has also been developed in dissertations and
thesis in various university faculties. The work has included different theoretical
approaches with a variety of methods, ranging from quantitative methods to case studies
and life stories. This should not be surprising if we take into account the fact that
there are currently formal courses on homosexuality and lesbianism in several programs
of the University of Puerto Rico, such as psychology, social work and interdisciplinary
studies.
2
“Queer,” defined as “strange,” “different” or “peculiar,” represents a more in-depth analysis than that offered by the categories
of “homosexual” or “heterosexual.” The queer discourse tries to demonstrate that desire, identities and practices do not
always fit neatly. It describes identities and practices that transcend the inherent instability in the supposed reciprocity
between anatomical sex, gender and sexual desire.
By Way of Exclusion • 15
On the other hand, events such as the arrests of men in the bathrooms of a shopping
center in San Juan (Covas, 2005; Sosa, 2005) highlight a certain selectivity in police
interventions taking into consideration the limited resources and the great variety of
criminal events that occur daily. Furthermore, the morbid fascination of the news
media publicly judging and denouncing these arrests possibly adds a cruel and unusual
punishment on a particular sector of society just for unleashing its desire in prohibited
places (Montero, 2005; Soto, 2005).
Our judicial system does not do much to stop the unrestrained homophobia in
society. In a review of all the decisions of the Puerto Rico Supreme Court related to
cases in some way involving sexual orientation, Burgos (2005) concludes that “homophobic
and discriminatory elements permeate each and every decision that we have examined,
with the exception of one from 1953” (pg. 2). Similar reviews in the United States show
the same results (Ronner, 2005).
It is important to point out that, in most of the cases filed with the Supreme Court,
there have been extraordinary dissenting opinions in which one sector of the Court
shows a deep understanding of the phenomenon and the reality of homosexual people
in general and of those involved in the particular case (Burgos, 2005). This note presages
optimism in our highest judicial forum despite its onerous history.
In the area of the executive branch in Puerto Rico, it is important to mention the
agencies in charge of the protection and strengthening of families and their
manifestations—either express or implied—of homophobia. A service agency is as
efficient and committed as the personnel that constitute it. Oftentimes, the personnel
of the Puerto Rico Department of the Family have the responsibility of issuing a series
of recommendations that may many times be the result of stereotypes and prejudices
based on homophobia. The recommendations for custody in homoparental families,
adoptions and foster homes will depend on the willingness of the personnel and the
institutional support to grant similar rights under the same circumstances to gays and
lesbians as those granted to heterosexuals (King, 2001). Some studies have identified
high levels of homophobia in social workers and the personnel of family agencies in
Puerto Rico (Aponte, 2004). Several studies in the United States corroborate the levels
of heterosexism and prejudice against the homosexual population in both schools and
institutions that protect families (Krieglstein, 2003).
It is impossible to guarantee the civil rights of a social sector within the context
of exclusion and the violation of human rights. Evidently, within this framework, sexual
rights are human rights. Marginalization, poverty, lack of access to health and protection
services and the lack of recognition of the variety of identities (situations that at times
even lead to murder) are violations of the rights to full citizenship of gay, lesbian,
bisexual and transgender people (Díaz, Ayala, Bein, Henne & Marín, 2001). Violations
of full citizenship seem to be constant and generalized in our country and the crude
reality is that these situations do not stir the rest of the community much.
In many cases, emigration represents a way out, not only from the deep circumstances
of poverty, but also to search for an illusion in a social space of a supposed greater
tolerance and permissiveness (Carballo-Diéguez, 1998). Certainly, “the quasi-criminal
and marginalized image of men who have sex with men must be reverted by the dignity of people
whom society recognizes as valid in their professional, work and creative fields” (Ugarte, 1999,
pg. 90).
All human beings have the right to a full life, and the diversity of sexual orientations
and identities should not be an obstacle for happiness. Establishing limits to police
interventions and to the permissive, tolerant attitude that allows majorities to assault
and marginalize gays and lesbians cannot be postponed. The government and its
institutions do not serve the community by failing to recognize their responsibility.
It is important to recognize that gays and lesbians face social, cultural and sometimes
legal and financial discrimination due to their sexual behavior with disastrous effects
on their mental health and the free enjoyment of life (Carleton, 1999; Mays & Cochran,
2001).
Developing and strengthening public policies that will protect the rights of this
sector of the community imply allowing the access of vulnerable populations to honorable
labor scenarios, to preventive health services and to the free expression of their sexuality.
It is imperative for the government and civil society to establish development and
solidarity plans to listen to one of the most vulnerable sectors of our society.
Developing legal venues that will strengthen the full citizenship of the gay, lesbian,
bisexual and transgender community is indispensable. We need to educate professionals
to raise their awareness about the reality and particular needs of this sector (Uldall &
Palmer, 2004). Community organizations must have sufficient support to continue
developing programs for and by this community.
By Way of Exclusion • 17
• Exploring the perception of exclusion
Taking into consideration the fact that it is difficult to deny popular wisdom and
the amount of anecdotal accounts that manifest homophobia in our country, we need
to compile information in a systematic manner. This way, we will be able to support
or reject the constant claim from a social sector that seems to perceive that it is excluded.
We asked ourselves the following questions: what is the level of exclusion perceived
by gay, lesbian, bisexual and transgender people in contemporary Puerto Rican society?
How do they perceive the violation of their civil rights? How do the members of the
GLBT community describe the events of prejudice and homophobia in their daily lives
in our country and what are the manifestations of homophobia by government
institutions?
On the other hand, if we talk about government agencies and the levels of rejection
and exclusion that could exist, we need to explore what the employees of these agencies
think. This will allow us to have a complete picture of the opinions of both the people
from the excluded population and those who supposedly exclude them. In view of this
perspective, we asked ourselves the following: how do the members of the security
forces, the judicial system and the agencies in charge of protecting and strengthening
the family in Puerto Rico perceive gay, lesbian, bisexual and transgender people?
• Whose opinions did we request in the gay, lesbian, bisexual and transgender community?
The most important criterion used to select the sample who participated in the
interviews was availability, providing that we do not know the universe of the gay,
lesbian and transgender population in Puerto Rico. However, in order to identify a
broad sample that would in some way give all the people from the GLBT community
an opportunity to participate, we used various recruitment strategies for this sector of
the sample. First, we identified important contact sectors of the GLBT population
in Puerto Rico. This was attained mainly by identifying contact persons in different
regions of the country: San Juan, Caguas, Ponce, Arecibo, Mayagüez and Fajardo.
By Way of Exclusion • 19
We also used the recruitment procedure of snowball sampling, through which
participants helped us identify other potential participants. This process helped us
recruit people from sectors of the GLBT community who rarely participate in this type
of study. In some sectors of the community, we used what is known as “gatekeepers”
or key people in the community who facilitated our access to sectors of the population
that are traditionally difficult to access. These included ministers, leaders of the GLBT
community, personnel from organizations that provide health services to the GLBT
community, self-help groups and social groups.
We identified people who have been recognized members of the GLBT community
in Puerto Rico to help us in the process of identifying participants. This allowed us
to attend radio shows aimed at the GLBT community, religious services, social gatherings
and professional activities.
As an important strategy, we made mass recruitment in the gay pride parade held
in June 2006. At this activity, we placed a table to, in an organized fashion, offer the
people who attended the parade an opportunity to answer the questionnaire. Finally,
it is important to indicate that we offered a financial incentive to the people who
participated in the quantitative interview for the GLBT community. We used this
technique even though we acknowledge that this strategy could in some way jeopardize
the voluntary nature of the participation. However, we believe that the benefit we
obtained is greater than the possibility of a biased participation due to the incentive.
Taking into consideration the stigmatization and secret nature of this population
and the difficulties in appropriately estimating the universe of gay, lesbian, bisexual
and transgender people in Puerto Rico, we believed that a potential sample of 1,000
participants was appropriate. In the end, 929 people from the GLBT community in
Puerto Rico participated. We recognize that the number of participants (929) is
appropriate and we do not know of any other study conducted with this community
in Puerto Rico that has attained this number of participants.
The ethical and legal protection of the participants was a priority throughout
the study. Due to the sensitive nature of the compiled information and the
marginalization that this population faces, we took several steps to ensure confidentiality
at all times. These steps, save when otherwise specified, applied to the people who
participated in the different phases of the study. Some of these steps included:
The information that was compiled in the study is completely anonymous and no
public or private organization or agency of the government of Puerto Rico will have
access to the individual data. No legal or administrative action may be filed against
any participant in the study as a result of the information he or she provided during
same. As part of the process to protect the human subjects who participated in the
research, we submitted the research protocol to the Institutional Committee for the
Protection of Human Beings in Research (CIPSHI, Spanish acronym) of the Río Piedras
Campus of the University of Puerto Rico for its approval. Since the initial authorization
was valid for one year, we requested a renewal of the certification.
By Way of Exclusion • 21
Based on the implemented method, we compiled a significant amount of information
related to the study objectives, which may be examined in the results section below.
b. Participants
• Participants in the Survey for the Gay, Bisexual, Lesbian and Transgender Community
These participants made up the most important and key sample of this study.
A total of 929 people from the gay, lesbian, bisexual and transgender (GLBT) community
in Puerto Rico who met the following selection criteria, participated in this survey:
- To participate voluntarily in the study
- To identify themselves as gay, lesbian, bisexual or transgender
- To be 21 or older
The total number of participants was divided into 52% males, 46% females and 2%
who identified themselves and transsexual or transgender. Table 1 shows information
about the gender reported by the participants.
GENDER n PERCENT
Male 481 52.0
Female 425 45.9
Transgender 8 .9
Transsexual 11 1.2
Did not answer 4
Table 2 shows information about the age of the participants, and Figure 1 shows
data about the sexual orientation reported by the participants.
We must point out that the average age was 35 years old with a standard deviation of
12. Furthermore, we can see that 47% of the participants identified themselves as gay,
41% as lesbian and 11% as bisexual.
Figure 1
11%
42%
By Way of Exclusion • 23
Table 3 • Highest level of education attained by participants
Most of the participants (N=577, 63%) reported that they were employed full-time.
Twenty-five percent indicated that their income was less than $10,000; 12% that it was
over $51,000. Table 5 and Figure 2 present the data about employment and income,
respectively, as reported by the people who participated in the survey.
In summary, we could say that the participants in the survey are a group of Puerto
Rican people, equally distributed between men and women, who mainly identify
themselves as gay or lesbian, with an average age of 35 years, educated, most of whom
are employed full-time, and half of whom have an annual income of more than $21,000.
Table 6 • Personnel from government agencies who participated in the qualitative interviews
and the focus groups for discussion
By Way of Exclusion • 25
Most of the interviewees were female (65%, N=75). The average age of the people
who were interviewed was 41 years old with a range between 26 and 63 years old. Table
7 shows the demographic information of the interviewees in total and by participating
agency.
Table 7 • Demographic information of the people who were interviewed in general and by
participating agency
Sex Percentages
Male 35 18 43 48
Female 65 82 57 52
Education
High School 4 4 4 4
College-level courses 4 0 4 11
Associate Degree 11 0 0 48
Bachelor’s Degree 36 61 11 33
Master’s Degree 21 35 21 4
PhD 16 0 43 0
Other 44 44 44 44
6 0 16 1
Income
10,000 -19,999 6 14 2 0
20,000 - 29,999 39 51 14 62
30,000 - 39,999 20 23 11 31
40,000 - 49,999 6 7 5 7
50,000 or more 28 5 68 0
• Quantitative Questionnaire
The quantitative questionnaire was a self-administered survey. The origin of the
questionnaire is multisectorial since the final version is the product of discussions
among the researcher and the research team, the review of the literature, suggestions
from the Advisor y Committee and examples of similar instr uments.
The Advisory Committee consisted of members of the GLBT community and
activists. The responsibilities of that committee consisted in providing feedback
regarding the methodology of the study, making recommendations to recruit the
participants, serving as a liaison with members of the GLBT community and looking
after and protecting the interests of the people from the community who participated
in the study.
By Way of Exclusion • 27
The survey questionnaire consisted of 88 items corresponding to six parts that dealt
with the following dimensions:
1. Demographic characteristics of the participants
2. Experiences of victimization for being gay, lesbian, bisexual or transgender
3. Perception of rejection and discrimination at government agencies
in Puerto Rico
4. Personal perception of homosexuality and lesbianism
5. Perception of social exclusion or rejection
6. Perception of stigma about homo/bisexuality and/or
lesbianism/transgenderism
Dimensions two and three were developed by the principal researcher by taking
and adapting items from Herek’s victimization scale (1988). Dimension number four
used as a basis the work of García (1984) and Toro-Alfonso & Varas-Díaz (2005) regarding
the prejudice and social distance shown toward homosexuality. Dimension number 5
was developed by the principal researcher and had the objective of identifying the
perception of social exclusion that the participants may have due to their sexual or
gender orientation. Finally, the sixth dimension was also developed by the principal
researcher and tried to identify the perception of stigma about homosexuality as
perceived by the participants.
Once the survey was developed, the research personnel reviewed same to ensure
that the language of each item was sensitive and understandable for the population at
which it was addressed. After this review, some linguistic corrections were made to
facilitate the understanding of each item.
Finally, the interview was reviewed by the Advisory Committee and its
recommendations were incorporated. After those corrections, the final format of the
survey was complete.
• Qualitative Interviews
During this study, we used two qualitative instruments that were administered in
the format of a semi-structured interview. The instruments had the objective of
compiling information about the perception of the employees of the government
agencies that were selected to participate in the research. We will examine each one
individually.
• Guide for the Interview with the Employees of the Participating Government Agencies
This interview guide consisted of 38 open-ended questions dealing with the following
topics: 1) experiences of prejudice or rejection toward homosexuals in the agencies
where the participants work, 2) knowledge about and attitudes toward the GLBT
community, 3) perception about the human rights of the GLBT community, 4) knowledge
d. Procedure
The procedure to conduct this research relied on the collaboration of many people
and entities, including the researchers, the research team, University of Puerto Rico
students, contact persons in the GLBT community, the Advisory Committee and the
contact persons at each of the agencies. After developing the instruments that we used
in the study, the procedure of same consisted of four specific phases: 1) training the
interviewers, 2) compiling the quantitative sample, 3) coordinating the qualitative
interviews and randomly selecting the participants and 4) preparing quantitative and
qualitative databases. Below, each phase is described in detail.
The research personnel conducted the qualitative interviews with the key informants
and established communication with the contact persons to distribute the questionnaires
in the GLBT community. They received individual training about the dimensions of
the interviews, qualitative interview techniques and the development of follow-up
questions during the interview process. Besides this training, we held several meetings
and telephone conversations and sent e-mails in which we explored implementation
challenges and strategies to overcome them.
By Way of Exclusion • 29
We held a meeting with the commissioners of the Civil Rights Commission to
formally present to them the research protocol as it was originally approved in discussions
with the executive director. The executive director sent a letter to the secretaries of
the government departments that were chosen to participate in the study. In this letter,
he identified the researchers and requested the collaboration of the departments.
Each department secretary assigned a special assistant to meet with the researchers
and coordinate the participation of his or her personnel in the interviews. After
obtaining authorization, we asked each human resources office to provide a list of the
agency personnel with the employees’ names and the offices or divisions and geographical
areas where they worked. From these lists, we randomly chose the people who would
be invited to participate in the interviews at each agency.
• Preparation of Databases
The data compiled through the quantitative surveys was coded and stored using
the Statistical Package for the Social Sciences (SPSS v.12) version 12 software. The
research personnel developed the database and supervised the cleaning of same to make
sure that there were no mistakes between the compiled data and the data in the database.
Undergraduate students, together with the research personnel, entered the data into
the software. These students were trained to use the software and received academic
credit for their collaboration with the data entry and the transcription of the interviews.
We hired two typists at the University of Puerto Rico to transcribe the recorded
interviews. The research project personnel listened to the recordings again and reviewed
the typed transcripts to guarantee the work and the consistency of the transcription.
Later on, they were reviewed by the researchers to supervise the content and the style
of the transcription. After the preparation of the data was complete, we went on to
analyze same.
Since the design of this study was mixed and quantitative and qualitative techniques
were integrated, the analysis of the findings was divided into two parts corresponding
to each type of technique. Let us examine each technique independently.
a. Quantitative Analysis
The quantitative analysis was performed using the SPSS v.12 software. It
included descriptive analyses such as frequencies and dispersions of each variable of
the study, the calculation of the score levels in the scales that warranted it and the
analysis of the correlations between the study variables. The findings of these analyses
are included in the results section of this report.
b. Qualitative Analysis
The qualitative analysis was performed with a content analysis guide with
categories based on the interview questions and with thematic concerns that arose
during the interviews. By using these guides, the researches analyzed the content of
the transcripts. The unit of analysis was the topic, since it allowed us to code words,
phrases and paragraphs related to the topics of the guides (Ander-Egg 1980; 2001).
The final codes were stored by using the NUDIST NVIVO software for qualitative
analysis.
3
We would like to thank Dr. Iván Andujar-Bello and Dr. Yarimar Rodríguez for their statistical analysis and their advice regarding
the interpretation of the data. Samantha Love is a famous transsexual performer in Puerto Rico.
By Way of Exclusion • 31
IV
RESULTS
• Victimization Experiences
Most of the participants (N=588, 63%) reported that they had been victims of
verbal insults because of their homosexuality. Close to 11% of the participants reported
that at some point they had been denied a service at a government agency. Other
people reported that they had been “kicked out or chased,” “beaten or kicked,” or that
“an object had been thrown” at them because of their sexual orientation. Tables 8, 9
and 10 show the number of participants who reported having any victimization experience
related to their sexual orientation. These experiences included: 1) insults, 2) objects
thrown and 3) beatings.
Table 8 • Participants who reported having been insulted because of their sexual orientation
Table 9 • Participants who reported having had objects thrown at them because of their sexual
orientation
Table 10 • Participants who reported having been beaten or kicked because of their sexual
orientation
Table 11 • Participants who reported having feared for their lives at public places
By Way of Exclusion • 33
Table 13 • Participants who reported any discriminatory experience at a police station or with
a police officer
Table 14 • Participants who reported any discriminatory experience at any office of justice or
of the court or with any officer of the court
Table 15 • Participants who reported any discriminatory experience at any office of the
Administration for Families and Children (ADFAN, Spanish acronym)
Corrections 1 .1
Department of Consumer Affairs
(DACO, Spanish acronym) 1 .1
Natural Resources 1 .1
Press 1 .1
Community Services 1 .1
Environmental Quality 1 .1
Planning 1 .1
Legislature 1 .1
By Way of Exclusion • 35
Table 17 shows the positions held by the employees or officials with whom the
participants indicated they have had any discriminatory experiences.
Table 17 • Specific positions mentioned by participants of the people with whom they have
had a discriminatory experience at any government agency
The total exceeds the sample of 929 persons because participants could choose more
than one person in one or more government agencies.
The perception of rejection of the people of the GLBT community indicates that
the government agencies that, in their opinion, discriminate the most against the
community include the Police Department (56%), the Court Administration (17%) and
the Administration for Families and Children (17%).
Table 18 shows the distribution of the opinion of the participants regarding the
clarity of the policies of non-discrimination against homosexuals in Puerto Rico. The
table shows that 67% of the participants believe that the public policies regarding non-
discrimination in Puerto Rico are not clear. Only 20% of the participants believed
that the policies are clear.
Most of the participants believe that the majority of the people in Puerto Rico
discriminate against persons of the GLBT community. 54% of the participants believe
that most Puerto Ricans discriminate against the GLBT community. 12% of participants
indicated that their feelings toward this statement were neutral. Table 19 shows the
opinions of the participants regarding the discrimination of Puerto Ricans as compared
to the level of discrimination that they perceive from the employees of government
agencies.
Employees of
Puerto Ricans government agencies
PERCEIVED DISCRIMINATION FREQUENCY PERCENT FREQUENCY PERCENT
Completely disagree 207 22.5 203 22.0
Disagree 179 19.4 191 20.7
Partially disagree 119 12.9 140 15.2
Neutral 118 12.8 143 15.5
Partially agree 119 12.9 111 12.0
Agree 73 7.9 49 5.3
Completely agree 106 11.5 86 9.3
Total 921 100.0 923 100.0
Did not answer 8 6
By Way of Exclusion • 37
Half of the participants believe that it is dangerous to reveal one’s sexual orientation
in Puerto Rico. Fourteen percent of the participants feel neutral about the dangerousness
of revealing one’s sexual orientation. Two-thirds of the participants believe that the
GLBT population does not have the same social space and acceptance as the heterosexual
population at government agencies in Puerto Rico. Table 20 shows the opinions of the
participants regarding the statement that both the GLBT population and the heterosexual
population have the same acceptance at government agencies.
Table 20 • Opinion of the participants about whether the GLBT population has the same social
space and acceptance as the heterosexual population at government agencies in
Puerto Rico
Table 21 • Cutoff points in the scale for the perception of stigma toward homosexuality
60
53
50
40
Percent
%
30
30
20
10
6.8
0
Low Perception Moderate Perception High Perception
Levels of Perception
By Way of Exclusion • 39
Figure 5 • Levels of prejudice shown by the employees of government agencies
40
31 32
28
30
1. Low level of prejudice
2. Moderate level of prejudice
Frequency
20
3. High level of prejudice
10
Std. Dev =.81
Mean = 2
0 N = 91.00
1 2 3
Levels of Prejudice
When we examine the results according to the gender of the participants, we can
see that the scores for females (n=31) ranged between 117 and 170 points. As shown in
Figure 6, the females who participated in this study show a moderate level of prejudice
(35%, n=14) toward the population of gays and lesbians. On the other hand, the males
who participated in the study show low levels of prejudice (36.7%, n=22) toward the
population of gays and lesbians.
16
14
14
12
1. Low level of prejudice
10 9
8 2. Moderate level of prejudice
Frequency
8
3. High level of prejudice
6
4
2 Std. Dev =.75
Mean = 1.97
0 N = 31.00
1.00 2.00 3.00
Prejudice Scale Groups
22
20 1. Low level of prejudice
20 18
2. Moderate level of prejudice
Frequency
10
Std. Dev =.84
Mean = 1.97
0 N = 60.00
1.00 2.00 3.00
Prejudice Scale Groups
The scale of social distance evaluates the social distance from gays and lesbians
(García, 1984). This scale provides a score ranging from 10 to 50 points. At the same
time, it allows us to obtain a total score to determine the level of social distance shown
by the participants toward the people from the GLBT community. In the case of the
social distance scale (n=100), the scores ranged from 10 to 34. With these results, we
then determined the cutoff points for the groups according to the level of social distance.
As with the prejudice scale, the cutoff points that were established correspond to the
33.33 and 66.66 percentiles to establish three equal groups. The distribution of the
groups is shown in Figure 8. As we can see, 45.7% (n=53) of the participants showed a
low level of social distance, followed by 25% (n=29) of high social distance and, finally,
the group of moderate social distance that represented 15.5% of the participants.
We made an analysis by gender to evaluate the levels of social distance of the
participants according to sexual preference (gays and lesbians). These results are shown
in Figures 8 through 12. First (Figures 8 and 9), we can see the results obtained by the
males who participated in the study. They showed moderate levels of social distance
toward gay men and lesbian women. Then, we have Figures 10, 11 and 12 which show
the levels of social distance reported by the females of the sample. We can see moderate
levels of social distance toward both gay men and lesbian women. On the other hand,
we can see that the moderate levels had a greater frequency for the social distance from
gay men.
By Way of Exclusion • 41
Figure 8 • Social distance shown by the participating males toward gays
20
17
13 1. Low level of prejudice
2. Moderate level of prejudice
Frequency
20
19 13 1. Low level of prejudice
2. Moderate level of prejudice
Frequency
4
Std. Dev =.65
Mean = 2.25
0 N = 36.00
1.00 2.00 3.00
Groups for Social Distance from Lesbian Women
30 29
3. High social distance
20 18
10 Std. Dev =.88
Mean = 2
0 N = 100.00
1 2 3
Level of Social Distance
13
1. Low social distance
2. Moderate social distance
Frequency
10
3. High social distance
5
20 18
3. High social distance
10
10
Std. Dev =.64
Mean = 2.12
0 N = 66.00
1.00 2.00 3.00
Groups for Social Distancel from Lesbian Women
By Way of Exclusion• 43
So far, I haven’t had that experience because here we treat
everybody equally, we interview all of them, um, equally, we
do not have… we do not have any type [of discrimination] as
far as I have observed, have heard or have seen, not at all. At
this time, no. [ADFAN, female]
Uh… I have been able to see that there are people who have
that type of preference and they are working at our agency,
that’s why I believe that there is no discrimination [ADFAN,
female]
I don’t think so. I have male and female coworkers who have
their sexual preferences and they are people who give their all
to their work. They are good coworkers and they have their
position in their sexual preference, I believe. [Police, male]
At least from what I have seen, well, no, I haven’t seen any
type of discrimination in that sense, the population along
those lines {sigh} is limited. In relation to my cases, I have
had… I have had cases of child abuse, where… right? Where
there was a lesbian couple and we worked on it as if it had
been any other couple. [Justice, male]
Although other people who were interview indicated that, in fact, there is no
discrimination at the agencies where they work, they do give some instances in which
the employees distinguish the people who come to receive services. They show concern
about the language that is used and demonstrate confusion about how to refer to the
GLBT community. A police officer who was interviewed said the following:
By Way of Exclusion • 45
I understand that position because I have been working for
a public housing project for 19 years and… and I have… I mean,
in my work area, there are people who belong to that… to
that… gender. [Police, male]
Contradictorily, some people who were interviewed pointed out the presence of
discrimination and prejudice at the agencies. Although they could not—or did not
want to—describe the situations in detail, possibly due to fear of reprisals at work, they
did point out events that manifest the prejudice against the GLBT community. The
statements about the existence of discrimination at the agencies were vague and general.
Some of the people who were interviewed said the following:
…we have seen cases. You know, we have seen cases that have
shown that this type of… this type of discrimination exists.
[ADFAN, female]
For example, I, who have worked in this type of job for nine
years, haven’t personally worked with [these] situations, but
I do know that this is the culture. At this agency, there are
[some], of course there are. Even if my coworkers say that
there isn’t, there is [discrimination], it exists. [ADFAN,
female]
…it could also be, um, a person, uh, um, who is very radical in
terms of religion, because there are also, um, very radical
people. What is black is black and what is white is white.
And… and based on what, uh, they believe that the Scriptures
say, they also tend to discriminate. [ADFAN, female]
Jokes, comments, all that type of thing that you can see. For
example, here they say, “Look, you are a faggot; look, that
other one is this; look, that one is so delicate.” That type of
thing and jokes about gays, about lesbians. [Justice, female]
By Way of Exclusion • 47
…well, everything you hear is joking, mockery, when they want
to insult somebody. They try to look for something negative.
[Justice, female]
An employee of the Department of Justice offered the same impression when he said:
By Way of Exclusion • 49
they indicate that as “professionals” they do not discriminate against the GLBT
community and that there is really no discrimination at their agencies. The variety of
perceptions about the GLBT community can be seen in the following comments:
There are ideas that [it] might be [due to] genetic situations
for a man to have a sexual preference for the same sex. There’s
the philosophy that there was some incident in the development
of his or her life. And there’s the philosophy that, well, the
person enjoys, likes to be with people of the same sex. [Justice,
male]
I don’t agree [with it] much. But, uh, the fact that I do not
agree [with it] does not mean, right, that I don’t accept it, you
know. I don’t agree, but I think that these people have their
way of thinking, we must respect it as with any other person,
as, in my opinion, as the people who like a hundred women
and the one who likes one woman. Well, those people have
their… their… their way of thinking and we must respect it
to… as long as it doesn’t exceed my limits. I always say, “You
can do your thing over there and I will do mine.” I don’t have
that problem, I believe that to each his own preferences.
[Justice, male]
By Way of Exclusion • 51
I wouldn’t like to spend time with people like that. I don’t
know what I would do if I had a child like that, maybe I would
have to change my way of thinking. For the time being, I do
not agree [with it] morally. I think that perhaps they are
religious principles that I learned since I was very little and
I don’t think it is right. Of course, they can be on the street
and everything, but in my personal terms, of saying I’m going
to go to a party at your house, I know that you are gay and
that you live with another woman and that all of your friends
are gay and they think it’s okay, well, I wouldn’t feel comfortable.
[Justice, female]
I believe that it’s a right that each person has, it’s completely
personal, even though I might not agree with it, but, well…
you have to give those people the opportunity to do what they
see fit with their lives. I believe that if we go to the biblical
What I think is that they are people who maybe, well, went
through a process in life that wasn’t the appropriate one and
they are people who, well, I would say are sick because maybe,
as I said before, they didn’t go through a process where they
were really led in a culture where they had to be taught that…
that God created them male or female. [Police, male]
Well, I’m not… I have nothing against [it]. Uh, each human
being is a breed apart, each person makes their decisions, but
I don’t… mix [with them] either. [Police, male]
By Way of Exclusion • 53
I don’t believe in homosexuality much because I am a… I was
raised in church. And, well, I say that it’s something that has
to do with… um, well, like (silence)… they are problems that
some people already have… it might be that they also have
(clears his throat)… when they were growing up, lack of
attention or something like that as well and that nobody helped
them during their adolescence. [Police, male]
…I believe that it’s not natural and I would say, right?, since
I grew up in a religious environment, well, also that it’s sinful
when it becomes manifest. Do you understand? That a person,
well, if they feel that way… but once they demonstrate it and
carry it out, well, that’s when they commit, right?, the offense…
in my understanding. [Police, female]
By Way of Exclusion • 55
well, by either living with a person of the same sex, well, [or]
having sexual relations with the same sex, well, that, well, is
condemned, I mean, that is rejected, that conduct. Not the
person… [Police, female]
Despite the religious convictions and the myths manifested by the people who
were interviewed, when they were asked if they believed that gay, lesbian, bisexual and
transgender people are entitled to live their lives as they wish, most people answered
that they were. They believe that people from the GLBT community are entitled to
live their lives, but they establish limits and conditions. Many of the conditions respond
precisely to the stereotypes that are manifested in the conversations of the participants.
Few interviewees made comments denying rights to the people of the GLBT community.
Yes, I believe that they, well, are the ones who work. Um…
nobody is going to pay them a salary, um, or pay for their
homes, for their cars, for the way they dress. [ADFAN, female]
That, I mean, I always think the same thing, that gays, lesbians,
whoever, regardless, we can all live the life that we want as
long as we don’t, um… don’t… violate other people’s rights,
don’t restrict other people’s lives, right, don’t alter other
people’s lives. [ADFAN, female]
We all have the right to live our lives however we want as long
as… as our rights do not interfere with the rights of others…
that your rights end where the rights of others begin. [ADFAN,
female]
Not just them. All human beings should feel life like… as long
as they follow the rules of our government. [Justice, male]
By Way of Exclusion • 57
I think they have the right to choose, uh… their life, to choose
their lifestyle, but I also believe that that wish they have to
be free and be accepted, it must go hand in hand with not
violating anybody’s human rights, with not violating the rules
of coexistence, with not violating social norms. Once that is
done, I think that they have all the rights that the rest of us
have. [Justice, female]
As long as they don’t affect others. Just like any other person,
right, [who] is not in that group has the right to live however
they want, as long as they don’t affect others. [Justice, male]
Yes, as long as what… they live a normal life. I’m going to give
you my interpretation. Sometimes, I have noticed that when
you try to impose a requirement, where you are favored [over]
a normal human being, well, I object to that. I think that
sometimes in the fight they are asking for equality, [regarding]
that I believe that… I believe that they [should] have the same
rights as any human being, except that, for example, they try
to impose rules such as, “They have to give me preference for
‘x’ or ‘y’ thing because I am a homosexual.” I wouldn’t agree
with that because if the idea is for them to be integrated into
society in a normal way, well, creating that type of classification,
with benefits, detracts from it. Because, then, you are treating
them like a minority. In that sense, I agree that they should
lead a normal life, but if they want to integrate, no special
classifications should be created, um, because then they are
being classified again. [Justice, female]
Well, I think so, that they have… that everybody has the right
to live their lives as long as they don’t… I mean, your rights
end where my rights begin. As long as I don’t interfere in your
life, well, you don’t interfere in mine, that’s my policy. I mean,
who am I to judge, nor am I… nor do I want people to judge
my life. I mean, what can I say, I think so, that each person
should do whatever they want as long as you don’t intervene
in other people’s lives. [Justice, male]
By Way of Exclusion • 59
Of course, if they want to screw around or get screwed, well
let them get screwed, that’s their problem, that’s their life,
their problem of being. If they are happy like that, let them
be happy like that. They don’t affect me by being happy,
because that guy is with that girl, no. That’s the way they
want to live their lives, they want to mess it up, perfect, whose
problem is that? Theirs. [Police, male]
Well, I think that they can as long as they don’t harm other
people or induce them to be like them. They can do whatever
they like. [Police, male]
I think so. Everyone has the right to manage their life as they
think best. [ADFAN, female]
Yes. Yes, because they have the right to study, they have the
right to work, they have the right to get involved in the
community we live in, and those of us who aren’t like that also
need to learn and have the right to respect them and accept
them the way they are, the way they are. Then, what is the
difference if many of us are worse human beings than they
are? I think that they have to be stronger in standing up for
their rights. [ADFAN, female]
By Way of Exclusion • 61
must be treated like human beings. We cannot lose the
perspective that they are human beings who have their dignity,
who have certain values, who have morals, who have certain
needs like anyone else. [Justice, male]
Of course. They have the right like any other human being.
They have… even if they are homosexual, they have hearts,
brains, you know, they think and feel and suffer like any other
human being. I believe that they must be in society and live
peacefully. They have to… or they have the right to be [here]
just as everyone else. You know, I believe that there shouldn’t
be a problem with that. [Police, male]
Of course. Well, the thing is that they are just as or more […]
than us, and if they want to make their lives and share them
with somebody of their same sex, well, I believe that we must
give them their space, their freedom; that if I want people to
respect me with my decisions, well, we have to respect the
decisions of others. [Police, female]
Well, everyone can live their life however they want. They
are people like me. Like anyone, like you. [I] mean, if I can
live my life the way I want to because I am heterosexual, why
can’t my friend who is a lesbian or gay live theirs? I mean,
everyone can live their life the way they want. [Police, male]
The greatest challenge to dealing with the issues related to homosexuality and
lesbianism is the possibility of having sons or daughters who identify themselves as part
of the GLBT community. It is interesting that, although the perception of the people
who were interviewed showed a high adherence to religious and traditional values, they
also said that they would accept their sons and daughters.
Everything seems to demonstrate that, sure enough, the cultural value of the family
overcomes many obstacles. The people who were interviewed indicated that even
though it would be difficult for them to accept their gay sons or lesbian daughters, they
would do everything in their power because, after all, they are their sons and daughters.
By Way of Exclusion • 63
I have two daughters; maybe it would shock me a bit, but I
have to work on that and respect it. [ADFAN, female]
With everything I have seen today, I would hug him and tell
him that that’s his personal life, that I still love him and cherish
him. Something, like I always say, “Do whatever you believe
in your (unintelligible), take care of yourself, I love you, my
home will always be open.” [Justice, male]
Well, I think I would love him more than ever. I would support
him in everything he wanted to be, within his reality. I would
support anything that would make him happy, as long as, like
I said before, he doesn’t break certain established rules of
coexistence, social norms, rules of respect. [Justice, female]
I truly don’t know how I would act, but I have to accept him
just as he is. Because God sent him to the world and if he
decides or she decides [to adopt] that attitude, there has to
be a purpose for it. He’s my son or my daughter, I am still
going to love them. [Police, female]
By Way of Exclusion• 65
The tone of tolerance and acceptance changes when the possibility is for a son or
a daughter to indicate that he or she is transsexual. The possibility of a gender reversal
provokes the most passionate reactions shown by the people who were interviewed.
In comparison to the tone of acceptance and willingness to manage the situation of
gay sons or lesbian daughters, the subject of transgender people is expressed in rejection
and statements of conflict and pain.
The expressions of the people who were interviewed were mixed with pauses,
laughter and expressions of doubt regarding the possibility of having transsexual children.
Some of these situations can be observed in the following statements:
Wow! Um… I would like for them to stay normal. If they are
[transsexual], then they are [transsexual] and that’s it, to get
an operation… They are going to have to bear the pressure
from society. And what would hurt me is that… at least I,
who am very well-known in my town, and my family is very
well-known, what I would be concerned about would be about
the people. [ADFAN, female]
In that case I would try to prevent it. I mean, [to try to] make
him realize… to try to make him understand that he is, I mean,
that he is wrong. I think he would be wrong. [Police, female]
Likewise, there are participants who, with the same passion, said that, despite the
great difficulties that this situation would cause them, they would accept their sons or
daughters if they told them that they were transsexual. Some people, with more or less
restrictions, warnings and/or concerns, expressed the need to accept those who are
inevitably their children. The discourse seems to suggest that, in fact, blood is thicker
than water…
I would take out a loan… I would take out a loan to help him
because that’s very expensive. That’s something that is
extremely expensive. [ADFAN, female]
The truth is that… that… that I couldn’t tell you because you
might think one thing in the case of another person, but when
it’s yours, you know, things… the characters sort of change
and I don’t know what would happen at that time. As I told
By Way of Exclusion • 67
you, I would continue loving them because they are my children,
and I love my children deeply. But I don’t know, at the time,
well, maybe I would be left speechless and wouldn’t even know
what to say. [ADFAN, female]
Many people who were interviewed said that they had friends, acquaintances
and coworkers who were openly gay or lesbian. Some said that even though the person
had not said it, they knew that they were homosexual. Some people mentioned that
they had relatives who were members of the GLBT community. These comments are
found among contradictory statements about not having any problems with the sexual
orientation of their friends, their religious values and their perceptions about the rights
of these people.
…I have had friends who have told me, “I’m gay, I like this or
I like that.” And I have a lot of tolerance, a lot of tolerance,
the same tolerance as for a heterosexual who could tell me
that he has a male friend, right, but a heterosexual male who
has a female friend, they have been open with me. Yes, well,
here, these people I know are very respectful, very respectful.
[ADFAN, female]
Friend… friend, uh, no, but my son’s uncle on his father’s side
is gay, and I have an ex-brother-in-law, and he’s no less my
son’s uncle, well, I don’t see… Yes, I have friends, my stylist
is homosexual. I have friends, they might not be very close
friends, but I do have contact with homosexual people. With
lesbians, my neighbor’s daughter also, she lives as a couple
with somebody else and her mom knows and accepts it as
well, and she’s not any less of a good lady, a good friend.
[ADFAN, female]
Yes, many, several. From where I get my hair cut and all that,
that we hang out and we talk a lot and we’re always… talking…
[Justice, male]
By Way of Exclusion • 69
No, I mean, excuse me, I don’t have male or female friends
who have openly told me that they are gay or that they are
lesbian. I do know people who are [homosexual], friends, but
not that they have told me personally. [Justice, male]
…since I was a kid I studied with… we could say that from the
first grade, I studied with male students, boys, who were gay
and they showed it since they were very little. So much so…
making gestures, dancing like female artists and imitating
everything that was feminine, and they really liked everything
having to do with the arts, in relation to music, dancing… As
of today, those three friends no longer exist, I studied with
them from first to twelfth grade, um, and they died. However,
in terms of work per se, I have worked with men and, especially
one, well, who is openly homosexual, he has said so, but he’s
the person whom everybody loves, whom everybody asks for,
a person who has shown that he is very smart and a person
who is very devoted to his duties and very responsible. He
has many attributes and we haven’t turned our backs on him
because of that, on the contrary, I say that he’s the one person
people ask for the most, [more] than those who aren’t [gay].
[Police, female]
Well, uh, I… have friends, uh, I don’t know if they are… well,
the way you are telling me they are, but you can’t listen to
rumors either nor is that person going to approach me to tell
me, “Look, I am this, this and that,” they aren’t… aren’t going
to tell me that, but I, anyway, well, they are friends and I
don’t… I accept them the way they are. As long as, well, there
is respect, well… [Police, male]
The thing is that it doesn’t create any conflict for me. In fact,
my best friend is a lesbian, you know, and she’s my best friend
(laughed) and she sleeps in my bed and lives… and comes to
my house and spends time with my husband. [ADFAN,
female]
Yes, I have several. And very good friends. Yes, very good
friends, I have excellent friends, excellent friends. Some of
my best friends, people who in hard times say, “I’ll help you,
I’m going over there, you can count on me.” Um, not all
friends are like that. [Justice, female]
I have many. I love them very much and they are good people.
And I would even add this, most gays are very nice, better
than many men. They have beautiful feelings, they are very
kind. I have friends and I get along very well with them and
I love them very much. [Justice, female]
…lesbian, no, but gay, yes, he lives with his partner, uh, he lives
near me, I adore him, I love him a lot because I have seen
that… that because he has that affinity, that situation, it doesn’t
make him a bad person, on the contrary, he’s more
humanitarian, nicer, he couldn’t be more special. [Police,
female]
By Way of Exclusion • 71
I have gay friends and I was with some friends on a cruise
with my wife, with my wife, eight days, and we were [together]
for eight days, day and night, and there were never strange
looks, or any touching, a lot of respect, and I’m telling you
that we were together every morning, afternoon and evening,
together, we ate together, all of us together, and there was a
lot of respect really, and we had a […] time, and they were gay,
gay, I mean, they were gay, period. [Police, male]
Gay, lesbian, transgender people, but all that type, that whole
community also has the same rights that I have. What happens
is that, certainly, society in general and, I believe, the
government itself have been inefficient safeguarding the rights
of those people. [Justice, male]
Yes. The same way that any human being is covered. They
have the right to vote, they have the right to work, they can
do all the basic things that any human being can… they have
all the basic rights that any human who belongs to any sector
has. [Justice, female]
By Way of Exclusion • 73
Yes, they are protected. The Constitution of the
Commonwealth protects all citizens. That’s why they cannot
be excluded from any service or from any protection. [Justice,
male]
Well, we all have rights here, you know, what happens is that,
well… within the law as such, the limits, well, what a relationship
as a couple is, well, that’s where it doesn’t establish what […]
are… it doesn’t include homosexual relationships. Because
there are rights for men, rights for women, there isn’t a right
that says, you know, “I am covering you as the homosexual
that you are.” You know, they simply have the same rights as
any other human being. [Police, male]
By Way of Exclusion • 75
Well, they have a certain protection as the citizens that they
are. Um, however, they don’t have other, right?, privileges, if
we could call them that, such as marriage, approving their
cohabitation. There are certain things that they don’t [have].
Yes, as citizens, they have the same rights as any other citizen.
[Police, female]
Yes, as long as they don’t violate the social order in the sense
that they don’t… that the rules of society are respected.
Because all of us must live in a social order, both criminals and
those who aren’t criminals have to follow some rules. If a
person violates them, well, they are subject to a… to a criminal
proceeding. [Justice, female]
That thing about the way they wish is very broad. Because
you can’t see life the way you want to, because some people
would like to live their lives killing others, using drugs, raping
women, killing children, looking for easy money. Living entails
certain responsibilities, it entails duties. We live in community,
we have certain responsibilities to our neighbors. All that is
applicable. But if it’s in terms of how they are going to carry
out their sexual lives privately, or be together on the street,
well, they are fully entitled [to do it]. [Justice, male]
Yes, they should have it, they should make some laws to prevent
discrimination. To prevent falling into that [behavior] of
discriminating against them and accepting a population that
can be very useful in many areas, including, as I told you, the
area of adoptions. A homosexual couple could have their
children and they could be great parents. [ADFAN, female]
By Way of Exclusion • 77
No, they are protected in the aspect as citizens, as every citizen
in the general aspect, but specifically, as a community, I don’t
think that they have any type of privilege. [ADFAN, female]
I don’t think there is [one], well, the thing is that they are
men or women and that they are protected by the constitution
and I don’t think that they are a recognized group. [ADFAN,
female]
We could expand [and] add it, make it very clear and in black
and white, that people should not discriminate on the basis
of that, of sexual preference. It should be very clearly
established in terms of discrimination. It has been made very
clear that you cannot discriminate against a person for all the
(other) things that the law says, but whether we have to stress
it, well, yes. [Justice, female]
I think so. I see that these people have the same rights as
everyone else, you know, they should have the same
opportunities as everyone else. In fact, the perception that
exists, uh, when you ask, when people discuss these topics
that aren’t discussed very frequently, the perception that exists
is that these people, as employees, the vast majority are very…
are very efficient and very responsible. [Justice, male]
I think so, that the department and all the agencies should
have a policy protecting homosexuals because they are human
beings. Just for being human beings and just because it’s in
our constitution, that the dignity of human beings is inviolable,
it doesn’t give any human being the right to crush, denigrate
or reject a person on the basis of their sex; rather, what we
are going to see is how that person performs in his or her work
environment. [Justice, female]
Yes, they should have it, protect it [because] there are always
a couple of people who like to make fun, um, to let them
perform their duties, because they might be lesbian or gay and
they might perform better than the… than the other people
who are not like them. Yes, I think that they have to protect
them. [Police, female]
I would like it if, well, there was something that would protect
them as I told you, so that they would feel safer and more at
ease and so they could live however they want to live. [Police,
male]
By Way of Exclusion • 79
V
DISCUSSION AND RECOMMENDATIONS
The results of this study evidence, on the one hand, the high perception of social
exclusion and discrimination that the gay, lesbian, bisexual and transsexual people in
Puerto Rico point out; and, on the other, the levels of prejudice and the amount of
myths held by a sector of the people who work at government agencies in general and,
in particular, at the Department of the Family, the Police Department and the Department
of Justice. The emphasis, the examples and the magnitude of the awareness of the
exclusion might vary, but the dynamics of social exclusion are acknowledged and at
times justified or criticized.
Social exclusion cannot be understood except in the context of its opposite: the
notion of inclusion in society. Social inclusion “means to include the population as a
whole in the system of social institutions, with regard to both the access to its benefits
and the dependence on the individual way of life with regard to same” (Lo Vuolo et al.,
2004, pg. 19). Therefore, exclusion refers to all the conditions that allow, facilitate or
promote the fact that certain members of society are isolated, rejected or simply denied
the possibility of accessing the benefits of society.
Then, what we are talking about is that, with more or less awareness, the personnel
of the government agencies who participated in this study manifest attitudes, ideas
and behaviors that exclude people from their access to full citizenship solely on the
basis of their sexual orientation.
The current rule of law makes it difficult to find people who will openly and brutally
deny the rights of the members of the GLBT community. In fact, most of the
interviewees agree that this population is protected by the Constitution of Puerto
Rico, that they have rights and that there should be clear policies about this matter.
However, this admission of their rights is not forceful. Upon acknowledging the legal
status of the people from the GLBT community, they immediately make the
corresponding clarifications: “as long as they do not overdo it”… “the same rights as
other citizens”… “it depends on the rights they are requesting”… “as long as they respect
social norms.” It would be worthwhile to explore whether these conditional rights
would be explained in the same manner if we were talking about a different social
sector. The notion of exclusion is likewise perceived when people from the GLBT
community are associated or compared to other socially stigmatized sectors: “services
are provided to them just as to everyone else… prostitutes, addicts…”, “crime of passion”…
It is interesting to note the level of tolerance shown by many of the people who
were interviewed and who participated in the focus groups for the jokes and mockery
related to the GLBT population. Even in the statements of many of the interviewees,
we could observe a nervous laugh when referring to the subject and to their memories
when they speak about gay, lesbian or transsexual people. The presence of gays, lesbians
and transsexuals becomes a spectacle either in the waiting area of a division of the
Department of the Family, in a situation with the police or in court. The references
made to the visits of lesbian women “who looked like men” to the offices of the
Department of the Family and of “famous transvestites” to the courts are eloquent in
the statements of some of the people who were interviewed.
Oftentimes tolerance is conditional on “as long as [he/she] respects me…”, “as long
as [he/she] doesn’t make advances, I have no problem…” once again demonstrating
myths and stereotypes regarding the fact that gay men do not respect others, make
advances to all men and have no restraints regarding their sexuality. Stereotypes
considered as positive are also manifested when they point out that gays and lesbians
are very hardworking, excellent professionals, great friends whom you can trust. These
comments are mixed with personal experiences in the work and family environments.
By Way of Exclusion • 81
Most of the interviewees know people from the GLBT community, others have
friends or coworkers, and some said that they had relatives. The examples of family
members range from brothers to uncles and nephews: “I don’t have that problem, but
in my family… I have a nephew…”, although they indicate that, in fact, they and their
families accept “that problem” and that they do not discriminate against them. With
pain, potential suffering or disagreement, most people said that if they had a gay son
or a lesbian daughter, they would accept them… after all “they are their children.”
b. Social Policies
Most of the people in the interviews and focus groups indicated that, although
there are no clear policies at their agencies regarding the access and services for the
GLBT community, there should be. They pointed out that at times situations seem
to be ambiguous; the applicability of Public Law No. 54, the right to custody, adoptions,
marriage between people of the same sex… have all been matters that have been
discussed at the agencies with contradictory results. They believe that well-defined
policies should be established, although some people make those policies conditional.
Other people believe that there is no need to establish particular policies because they
understand that GLBT persons, like any other citizen, have the same rights and
responsibilities before the law. Some insisted that establishing particular policies could
be considered discrimination. “The constitution protects all of us”… from this perspective
many people at the agencies believe that within the context of the law, the GLBT
community is already protected and does not need greater or particular protections.
It is evident from the comments made by the people who were interviewed that
the adherence to the traditional canons of the social representation of gender is an
important requirement for social inclusion in Puerto Rico. The stereotypes that
indicate that all gay men look like women and that all lesbians look like men are the
basis of many of the comments that were made by the interviewees. In fact, most of
the examples of open discrimination that the people identified were related precisely
to the perception of gender reversal: two lesbians, one of whom “looks like a man;” a
transsexual, “they call a man in court and a woman stands up;” “you can identify gays
and lesbians by the way they dress, the way they walk, the way they talk;” “people with
mannerisms;” “people who are like this… like this… like that…”
Gender issues seem to be the final topic for tolerance. Most of the people who
were interviewed or who participated in the focus groups expressed difficulties in the
dealing with of transgender people, including gay “effeminate” men or women who
“look like men.” Evidently related to the myths and stereotypes, laughter, looks, jokes
and comments were observed when faced with people who break the traditional schema
of gender. People in the Police Department believe that officers should “show a certain
degree of masculinity,” “an image of respect.” Therefore, people who project an
“effeminate” image would not be able to do so. Some members of the police forces
indicated that previously “they were not even admitted to the academy” and that “those
who pass the academy are assigned desk jobs.”
The comments about how to identify gays or lesbians are also related to the gender
stereotype. The people who were interviewed indicated that they recognize them
precisely because they exhibit gender characteristics that are blurred or because a clear
reversal of their gender can be observed.
The fact that a man—who socially has the potential for power and dominant
masculinity—socially represents himself with a feminine image has traditionally provoked
laughter and jokes. Television is full of almost pathetic images of poor homosexual
men who appear fragile and effeminate with hysterical pretensions. Society finds it
funny that a man is capable of adopting this posture… feminine traits, which seem to
be so devalued and rejected in our society. The idea of gender also assigns gay men
positive characteristics: they are good friends, they have good taste, they can be counted
on, they know how to listen, they dress very well… all these characteristics are socially
considered feminine. The image of transgender people can also be observed along
these lines. At times, it is perceived as the exaggeration of feminine traits; all the
confusion provoked by the image of Samantha—hyper-woman, seductive, provocative
and, above all, blunt—is transferred to the idea of transsexuality.
By Way of Exclusion • 83
On the other hand, the image of lesbians is the complete opposite. Lesbians are
socially represented as ambitious people; women who do not recognize their social
position and dare pretend masculinity, a privilege that is only allowed to biological
males. Lesbians are not funny… they instill fear. It is not the first time that we hear
comments and warnings about the—almost masculine—brutality of lesbians. They are
presented as passionate, as falling in love with all women and as making big scenes of
jealousy and aggression.
It is within this perception that our society conceives gay, lesbian and transgender
people in Puerto Rico. Tolerance is shown to the extent that these people conform
to the rules of gender. Masculine gay men who dress and behave as men, who represent
traditional masculinity and who, above all, do not speak openly about their homoerotic
desires do not find it hard to be silently accepted by society. Although people insist
that they can always be identified, it is always more difficult to identify those who do
not seem to be different. Suspicion does not disturb anyone. Men and women who
arouse suspicion and who are immersed in silence and mystery are clearly tolerated.
Many of the people who were interviewed indicated that, although they have not told
them, they know that some of their friends are gay or lesbian. Nobody talks about it,
nobody mentions it, but they suspect. There seems to be no major problems with
these people.
At the same time, people said that they recognize the legal status of the people
from the GLBT community. However, as we have already mentioned, they limit their
rights. It seems that people put an end to tolerance and acceptance when sectors of
this community begin demanding rights to which the general community believes they
are not entitled. “They have rights… but it depends on what rights they want.” They
react in the same way in view of what they consider to be exaggerated displays in public
demonstrations and in the annual gay parades. Once again, this raises the question of
whether what society wants is for gay, lesbian and transgender people to behave, to
abstain from demanding rights and from “making too much noise.” It is the invitation
to silence and secrecy.
This secret does not disturb anybody. This is why the demands of political
movements dealing with the rights of the gay, lesbian, bisexual and transgender
community produce a recognized impact in society. Some sectors of these communities
refuse to stay secret and demand the right to full citizenship. This citizenship would
make them subjects of the law beyond what society is willing to grant them.
This is the challenge that the new millennium seems to pose. The current struggles
in legislative circles demanding inclusion are nothing more than the inescapable
recognition that all people are entitled to citizenship regardless of color, social class,
physical or mental disability, political beliefs or sexual orientation.
d. Strategic Recommendations
Based on the results of this study and the review of the literature, we believe that
the following recommendations are pertinent for the Puerto Rico Civil Rights
Commission:
1. Provide training to government agency personnel regarding human rights,
citizenship, sexual orientation and gender.
2. Recommend to the senior management of government agencies in Puerto Rico
the regular inclusion of the topic of human rights and sexual orientation in all
personnel training.
3. Review all applicable legislation—at the national and federal level—to examine
the responsibilities of the state to guarantee the free access to services and to
full citizenship of the gay, lesbian, bisexual and transgender (GLBT) community
in Puerto Rico.
4. Prepare, develop and recommend public policies to the state in order to
strengthen non-discrimination on the basis of sexual orientation, and underline
the constitutional guarantees of the rights afforded to the people from the gay,
lesbian, bisexual and transgender community.
By Way of Exclusion • 85
5. Explore, examine and recommend a review of legislation that is inclusive and
that does not strengthen the perceptions of the social exclusion of the GLBT
sector.
6. Make recommendations to the legislature about relevant legislation to take
advantage of the current revision of codes in Puerto Rico. Support and strengthen
the inclusion of common-law couples and other legislation that includes the
GLBT sector.
7. Establish relationships with representatives from the different sectors that
group gay, lesbian, bisexual and transgender people in Puerto Rico to develop
coalitions that will influence the development of legislation that includes the
GLBT sector with equal rights.
8. Develop and promote a formal complaints program at the Civil Rights
Commission so that people from the GLBT community will have a venue to
file cases of discrimination and marginalization by government agencies in
Puerto Rico.
9. Develop and promote an effective legal support program that will enable
following-up on and appealing to the corresponding courts cases of evident and
clear discrimination on the basis of sexual orientation in a cost-effective way
by establishing collaboration with existing programs such as the legal clinic for
discrimination cases of the University of Puerto Rico School of Law.
10. Expand this study in the future to include other government agencies and
follow-up on the ones that have already been studied, in order to examine the
change in attitudes and the permanent development of the citizenship space
for the GLBT sector.
11. Create and develop a commission (or a “division” within the Civil Rights
Commission) that will oversee the wellbeing of the members of this community.
An entity that is devoted to safeguarding non-discrimination against gay, lesbian,
bisexual and transsexual people should be developed. This entity should also
be aimed at educating victims of discrimination so that they will be aware of
their rights and understand that they do not deserve to be mistreated for any
reason and should therefore report any violent or abusive act against them, even
if these acts are committed by their own relatives and/or acquaintances.
12. Develop strategies and campaigns aimed at educating and dispelling myths
regarding homosexuality and lesbianism. One of the main problems faced by
gay, lesbian, bisexual and transgender people is the little objective information
By Way of Exclusion • 87
REFERENCES
Aponte, N. (2004). El Trabajo Social con la comunidad gay, lesbiana, bisexual, transgénero y
transexual: Conocimiento y actitudes de los/as trabajadores Sociales del Departamento
de Educación, la Administración de Familias y Niños y la Administración de Servicios
de Salud Mental y Contra la Adicción (ASSMCA), acerca de la identidad sexual,
intervención profesional y derechos de la comunidad GLBTT. Master’s Thesis.
Graduate School of Social Work. San Juan, PR: University of Puerto Rico.
Carleton, F. (1999). Contested identity: The law’s construction of gay and lesbian
subjects. In L. Pardie & T. Luchetta (Eds.), The construction of attitudes toward
lesbian and gay men (pg. 19-37). New York, NY: The Harworth Press.
Comisión de Derechos Civiles (1973a) Informes de la Comisión de Derechos Civiles del Estado
Libre Asociado de Puerto Rico, Vol. 1. Oxford, NH: Equity Publishing Corporation.
Díaz, R.; Ayala, G., Bein, E., Henne, J. & Marín, B. (2001). The impact of homophobia,
poverty and racism on the mental health of gay and bisexual Latino men:
Findings from 3 US cities. American Journal of Public Health, 91, 927-932.
Greif, G.L., & McClelland, D.L. (2003). Being heard on sexual orientation: An analysis
of testimonies at public hearings on anti-discrimination bill. Journal of Human
Behavior on a Social Environment, 8, 15-27.
Hamer, D. & Capland, D. (1994). The science of desire: The search for the gay gene and the
biology of the brain. New York, NY, Simon & Schuster.
Herek, G.M. (2000). The psychology of sexual prejudice. Current Directions on Psychological
Sciences, 9, 19-22.
Hirschfeld, M. (1935) Sex in the human relationship. London, England: John Lane.
Hunter, N.D. (2004). Sexual orientation and the paradox of heightened scrutiny.
Michigan Law Review, 102, 1528-1554.
International Lesbian and Gay Association (2001). LGBT Human Rights Annual Report.
1998-2000. Barcelona, Spain: Author.
King, B.R. (2001). Ranking of stigmatization toward lesbians and their children and
the influence of perceptions of controllability of homosexuality. Journal of
Homosexuality, 41, 77-97.
Kinsey, A., Pomeron, W., & Martin, C. (1948). Sexual behavior in the human male.
Philadelphia, PA: Saunders.
Kinsey, A., Pomeron, W., & Martin, C. (1953). Sexual behavior in the human female.
Philadelphia, PA: Saunders.
Kornblit, A.L., Pecheny, M., & Vujosevich, J. (1998). Gays y lesbianas: Formación de la
identidad y derechos humanos. Buenos Aires, Argentina, La Colmena.
By Way of Exclusion • 89
Laumann, E., Gagnon, J., Michael R., & Michaels, S. (1994). The social organization of
sexuality: Sexual practices in the United States. Chicago, IL: Chicago University
Press.
Lo Vuolo, R., Barreto, A., Gargarlla, R., Offe, C., Ovejero, L., Pautáis, L., & Van Parijs,
P. (2004). Contra la exclusión: La propuesta del ingreso ciudadano. Buenos Aires,
Argentina: Miño y Dávila Editores.
Master, W., & Johnson, V. (1966). Human sexual response. Boston, Mass.: Little, Brown.
Master, W., & Johnson, V. (1970). Human sexual inadequacy. Boston, Mass.: Little,
Brown.
Myers, K.A., Forest, K.B., & Miller, S.L. (2004). Officer friendly and the tough cop:
Gays and lesbians navigate homophobia and policing. Journal of Homosexuality,
47, 17-37.
Parker, R.G., & Gagnon, J.H. (1995). Conceiving sexuality: Approaches to sex research in a
postmodern world. New York, N.Y: Routledge.
Ramírez, R., García Toro, V., & Solano-Castillo, L. (2004). Men coming out in Puerto
Rico. Caribbean Studies, 31, 37-58.
Ríos-Avila, R. (2002). La raza cósmica: Del sujeto en Puerto Rico. San Juan, PR: Ediciones
Callejón.
Ronner, A.D. (2005). Homophobia and the law. Washington, DC: American Psychological
Association.
Scott, J. (1992). Multiculturalism and the politics of identity. October, 61, 8-20.
Snively, C.A., Kreuger, L., Stretch, J.J., Wilson-Watt, J. & Chadha, J. (2004). Understanding
homophobia: Preparing for practice realities in urban and rural setting. Journal
of Gay & Lesbian Social Services, 17, 59-81.
Sosa Pascual, O. (2005, April). Conducta guiada por preferencia. El Nuevo Día, April
16, pg. 14. San Juan, Puerto Rico.
Stychin, C.F. (2004). Same-sex sexualities and the globalization of human rights
discourse. McGill Law Journal, 49, 951-968.
Uldall, K.K. & Palmer, N.B. (2004). Sexual minorities and mental health: The need
for a public health response. Journal of Gay & Lesbian Psychotherapy, 8, 11-24.
By Way of Exclusion• 91
Commonwealth of Puerto Rico
Civil Rights Commission
416 Ponce de León Avenue, Suite 901, Hato Rey, Puerto Rico
PO Box 192338, San Juan, Puerto Rico 00919•2338
Telephone: 787•764•8686 / 1•800•981•4144
TTY: 787•765•9360 / 1•800•981•9366
www.cdc.gobierno.pr
He was the executive director of the Puerto Rico AIDS Foundation for 15 years. In 2002, he became the president
of the Puerto Rico Psychological Association and he is a member of the American Psychological Association.
He was the secretary general of the Interamerican Society of Psychology (SIP, Spanish acronym) from 2001 to
2007 and a consultant for various international organizations. He has published over 50 articles about sexuality,
HIV/AIDS, domestic violence in same sex couples, social support networks for people with HIV/AIDS; books and
chapters.