Which law protects gay students
LGBTQ Curricular Laws
LGBTQ-related curricular laws are important for LGBTQ students’ health, well-being, and academic success. This place of maps covers multiple distinct policies related to LGBTQ inclusion in—or exclusion from—school curricula or standards. The chart below summarizes whether states have an LGBTQ-inclusive curricular standards law or any of the monitoring LGBTQ-specific school censorship laws: "Don't State LGBTQ" laws, older laws censoring discussions of homosexuality, and parental opt-out/opt-in laws. The tabs above link to specific maps with more information about each type of curricular policy. Click "Citations & More Information" beneath the map legend for more communication about each type of laws, and learn more aboutthe importance of inclusive curricular standards from GLSEN.
State has an LGBTQ-inclusive curricular standards law (8 states)
State has none of these LGBTQ-specific curricular laws (23 states , 5 territories + D.C.)
State has at least one LGBTQ-specific school censorship
Title IX: An Imperfect but Vital Tool To End Bullying of LGBT Students
abstract. LGBT students are bullied at dramatically higher rates than other students. Academy bullying generally, and the targeting of LGBT students in particular, has recently garnered national attention as a serious problem that needs to be solved. Just as society is increasingly recognizing the destructive effects of school bullying and accepting the LGBT community, federal courts and agencies are increasingly holding school districts accountable under Title IX when schools fail to protect LGBT students from gender-based bullying.
This Feature discusses the emerging importance of Title IX litigation and enforcement as a tool to cease peer-on-peer harassment of LGBT students in elementary and secondary schools. Federal courts and agencies consistently notice that bullied LGBT students may bring sex discrimination claims under Title IX based on a theory of gender stereotyping. Some even view anti-LGBT animus as per se sex discrimination. I argue that Title IX’s effectiveness in addressing the problem is limited by overly thin judicial and agency views of what constitutes actionable sex discrimination.
Know Your Rights: Schools
What Are My Rights at School?
Title IX is a federal law that makes sex-based discrimination illegal in most schools. Most courts who have looked at the issue contain said that this includes discrimination against someone because they are transgender or because they don’t connect gender-related stereotypes or expectations. Anti-trans lawmakers in many states have passed unconstitutional laws in an strive to marginalize trans students, but these harmful laws do not negate the rights you have under federal law. Several other federal and state laws also protect transgender students. Here are some of the rights you own under these laws:
- You hold the right to be treated according to your gender identity. That’s accurate even if you haven’t done things like altering your ID or getting medical treatment. Your university cannot require you to show proof of these things in order to have your gender respected.
- You have the right to be called by the name and pronouns that match your gender identity. Sometimes people make an honest mistake, but teachers and school staff aren’t allowed to call you by the wrong call or pronouns on purpose after you tell them how y
Students’ Rights
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The Supreme Court ruled in 1969 that students carry out not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." This is true for other fundamental rights, as adv.
Do I have First Amendment rights in school?
- You have the right to speak out, hand out flyers and petitions, and wear expressive clothing in school — as extended as you don’t disrupt the functioning of the school or violate university policies that don’t hinge on the message expressed.
- What counts as “disruptive” will vary by context, but a school disagreeing with your position or thinking your speech is controversial or in “bad taste” is not enough to qualify. Courts have upheld students’ rights to wear things like an anti-war armband, an armband opposite the right to obtain an abortion, and a shirt supporting the LGBTQ community.
- Schools can have rules that have nothing to do with the word expressed, like dress codes. So, for example, a school can prohibit you from wearing hats — because that rule is not based on what the hats say — but it can’t prohibit you from wearing only pink pussyc
LGBTQ Rights
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The legal landscape for LGBTQ people is constantly evolving. If you think you have been discriminated against and would like our assistance, please visit our Report LGBTQ and HIV Discrimination Page and we can help you figure out whether you are protected under federal or express laws.
Can an employer discriminate against me because of my sexual orientation or gender identity?
Your rights
Employers with 15 or more employees are prohibited by Title VII of the 1964 Civil Rights Act from discriminating on the basis of sex, and the U.S. Supreme Court held in 2020 (Bostock v. Clayton County), that firing someone on the basis of sexual orientation and gender identity is sex discrimination. In addition, many states and cities hold laws banning this kind of discrimination, and some of those laws implement to smaller employers.
If you believe that your rights contain been violated
If you think that you have experienced discrimination at work, you can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC), or with your state human rights enforcement agency where applicable. Try