The Public Health Consequences of Discretionary Arrests on LGBTQ+ Communities in the United States: A Scoping Review

Background LGBTQ+ communities in the United States are at high risk of being targeted by police officers and facing discriminatory treatment including a higher number of arrests, all of which contribute to negative health outcomes. LGBTQ+ individuals face significant disparities in health and policing systems, including barriers to healthcare access, heightened mental health risks, and institutional mistrust. This scoping review aimed to focus on and identify the health impacts of discretionary arrest on the LGBTQ+ community in the contiguous United States. As part of an NIH-funded project that, before it was terminated by the Trump administration in March 2025, was aimed to create a structural intervention that reduces discretionary arrest in Tarrant County, Texas, we wanted to assess the impacts of these types of arrests on this specific community in the United States.

Methods We used the scoping review methodology framework put forth by Arksey & O’Malley as well as the PRISMA-ScR checklist. Using a Population and Context framework, a search was conducted in Academic Search Complete, APA PsycINFO, Criminal Justice Abstracts with Full Text, Legal Collection, LGBTQ+ Life, Medline. Using Covidence software, a review was conducted. Only empirical studies published about the contiguous United States were included. Health impacts were interpreted as a holistic and used broad definition of health that included any physical, mental, or spiritual outcome including feelings of victimization, feelings or perceptions of being discriminated against, impacts on faith or spirituality, hypervigilance, anxiety, and/or depression. Results A total of 4 empirical studies were included in the final analysis and the samples of all four were racially diverse. Findings show racialized, discriminatory policing in all four articles as well as differences and similarities of police treatment of transgender/gender-expansive and cis-gender LGBTQ+ people with a wide variety of holistic health impacts.

Results Our findings indicate disproportionately high rates of mental health disorders, substance use, and chronic conditions among LGBTQ+ police-involved populations. Barriers to healthcare access, including discrimination, provider mistrust, and inadequate medical resources, further exacerbate these disparities. Mistrust in healthcare institutions, shaped by historical and systemic injustices, limits engagement with necessary services, contributing to poorer health outcomes.

Conclusion There is a clear connection between police discriminatory treatment and harms done to Black and Latine/Immigrant LGBTQ+ people. Researchers should continue to examine the role that discretionary arrest has on LGBTQ+ communities with intersecting identities, especially in light of new policies that privilege police officers/policing systems and further marginalize LGBTQ+ communities. Addressing the health needs of LGBTQ+ individuals in justice settings requires structural reforms that prioritize equitable healthcare access, culturally competent services, and policies that mitigate systemic discrimination and reduce public and police contact. Future research should explore interventions that reduce health disparities and improve trust.