Which law protects gay students

Title IX: An Imperfect but Vital Tool To Halt 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 realize 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 slender 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 acquire 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 try 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 contain under these laws:

  • You contain the right to be treated according to your gender identity. That’s authentic even if you haven’t done things like transforming your ID or getting medical treatment. Your institution 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

    LGBTQ Curricular Laws

    LGBTQ-related curricular laws are key for LGBTQ students’ health, well-being, and academic triumph. This set of maps covers multiple distinct policies related to LGBTQ inclusion in—or exclusion from—school curricula or standards. The blueprint below summarizes whether states have an LGBTQ-inclusive curricular standards law or any of the following LGBTQ-specific school censorship laws: "Don't Say 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 guide legend for more knowledge about each type of laws, and learn more aboutthe importance of inclusive curricular standards from GLSEN.

    Click the above tabs to see more detail about each type of curricular law.

    • 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

      Students’ Rights

      Know your rights Back to Know Your Rights main page

      The Supreme Court dictated in 1969 that students do not "shed their constitutional rights to autonomy of speech or expression at the schoolhouse gate." This is true for other fundamental rights, as well.

      Do I have First Amendment rights in school?

      • You have the right to communicate out, hand out flyers and petitions, and wear expressive clothing in institution — as drawn-out as you don’t disrupt the functioning of the institution or violate academy policies that don’t hinge on the message expressed.
      • What counts as “disruptive” will vary by context, but a educational facility disagreeing with your position or thinking your speech is controversial or in “bad taste” is not enough to qualify. Courts contain upheld students’ rights to wear things like an anti-war armband, an armband opposing the right to get an abortion, and a shirt supporting the LGBTQ community.
      • Schools can have rules that have nothing to do with the message expressed, appreciate 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
        which law protects gay students

        LGBTQ Rights

        Know your rights Back to Know Your Rights main page

        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 articulate 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 contain laws banning this kind of discrimination, and some of those laws utilize to smaller employers.

        If you believe that your rights include 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