Lambda Legal

Cases and Stories

Out, Safe and Respected

Noble Charter School GSA

Heather Hall and Jorge Mena have been determined to start a gay-straight alliance (GSA) at their Chicago charter school for months. They've endlessly negotiated with school officials to have their group recognized and were turned down each time. The GSA's goal is "to promote awareness, safety, respect, and tolerance of all sexual orientations in a non-judgmental environment." As they get ready to graduate in June, Heather and Jorge hope to see their efforts and vision for a GSA come to life.

Lambda Legal has filed a lawsuit in federal court to stop the discrimination against Heather, Jorge and all of the students at the Noble Street Charter School who simply want to create a GSA. The lawsuit asserts the students' rights under the First Amendment and the federal Equal Access Act, which states that secondary schools that receive federal funds and allow student groups to meet on campus cannot discriminate against a group based on its viewpoint. That means the school must let the GSA meet and use the same resources that other groups use. We are also asking to allow the students to hold an official meeting of the GSA before Heather and Jorge graduate in June.

Nancy Wadington

Nancy Wadington, 18, attended Holmdel High School until the middle of eleventh grade when she was forced to withdraw from the school to protect her safety. For nearly three years, students harassed her, threw bottles and other objects at her, pushed her down a flight of stairs, and destroyed her books and backpacks — on one occasion stealing her backpack and leaving it in a boys' bathroom covered in urine. Though both Nancy and her mother asked the school's administration to help Nancy, the school failed to stop the harassment.

Lambda Legal filed a lawsuit with the Superior Court of New Jersey in Monmouth County on Nancy's behalf in September 2005. The lawsuit is based on the New Jersey Law Against Discrimination that prohibits sexual orientation discrimination in all places of public accommodation including schools. This case continues Lambda Legal's work on behalf of youth in schools. In 1996, Lambda Legal won a landmark victory in Nabozny v. Podlesny, in which a Wisconsin student was the victim of antigay harassment at school — the case set a precedent that schools can be held accountable when they fail to protect their students from antigay harassment.

Derek Henkle

After Derek Henkle came out on public-access television when he was 14, his life in the Reno, Nevada, school system was a nightmare. "I was spit on, I was punched and I was kicked" he remembers. School administrators and teachers stood by while other students harassed, threatened and beat Derek. One assistant principal actually laughed after students tried to tie Derek to a truck and drag him down the street. Rather than addressing the antigay harassment and violence, school administrators transferred Derek to other schools — as if he were the problem. At 16, Derek, who had been in a program for "gifted and talented" students since the fourth grade, was forced to resort to adult-education classes, where it was impossible to obtain a high school diploma. Derek fought back. He contacted Lambda Legal and with our help secured a $450,000 settlement and a letter in his academic file explaining why his education was cut short. In addition, the Washoe County School District agreed to initiate extensive changes in school board policy and actions, including training staff members and educating students about issues related to sexual harassment.

Aaron Fricke

Aaron Fricke asked Paul Guilbert to the prom — and Paul said yes. But Aaron's principal said no. Aaron knew he should be able to go to the prom like everyone else, and he filed a lawsuit. Not only did Aaron win the right to take Paul to the prom, but his school also had to provide enough security so that he and Paul would be safe. Aaron helped show that unless a school has reason to believe someone's date will cause a "serious disruption," students must be allowed to go to the prom with the date of their choice. That was in 1980. Today the law is still in effect, thanks to Aaron.

Are these stories familiar? You are not alone. If you are experiencing discrimination contact our Help Desk so that we can help you to understand the issues you are facing and what you can do about them.