The Law

Out, Safe & Respected

Schools must keep LGBTQ students safe from harassment or discrimination the same as they do for all other students. Constitutional protections of free speech and expression set forth in the First Amendment and the right to equal protection mandated by the Fourteenth Amendment require this. In addition, Title IX of the Education Amendment Acts of 1972 further protects LGBTQ students from discrimination based on sex, including sexual harassment. The federal Equal Access Act allows LGBTQ students to form clubs and organizations on the same terms as other students groups. For years, Lambda Legal has enforced these laws by representing students in court and before government agencies.

An increasing number of states provide further protections for LGBT students. Laws in over twelve states specifically address discrimination and/or harassment based on sexual orientation in schools. Several states also address discrimination and harassment based on gender identity and expression.

Under this umbrella of federal and state laws, schools must take antigay harassment seriously. School districts must take steps to end harassment and abuse of LGBTQ students. As Lambda Legal has shown time and time again, failure to do so can lead to very expensive and high-profile lawsuits.

PUBLIC SCHOOLS MUST:

Not discriminate against LGBTQ students based on sexual orientation or sex. Discrimination or harassment against a student who doesn’t fit the school’s idea or other students’ ideas about masculine/feminine behavior or dress is prohibited sex discrimination.

Protect LGBTQ students from harassment and abuse in the same way they protect other students.

Treat students equally and handle all abuse complaints in the same way.

Adopt and publish complaint procedures, quickly and fairly address complaints and assign a school employee to ensure that the complaint process is followed.

Create a safe environment where LGBTQ students can be open and honest about who they are.

Make sure that school employees do not ignore harassment or discrimination based on sex, sexual orientation or gender identity.

Hold staff individually accountable for failing to protect LGBTQ youth.

Treat gay-straight alliances like any other student group if the school is public, receives federal funding and has any other noncurricular school clubs. This means that GSAs must be given the same access to a meeting space as other student clubs.