Ask Lambda Legal – Back to School

Hayley Gorenberg/Adjunto Directora Legal para Lambda Legal
Foto: Lambda Legal

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Hayley Gorenberg/Directora Jurídica Adjunta de Lambda Legal  Foto: Lambda Legal

Hayley Gorenberg/Lambda Legal Deputy Legal Director
Photo: Lambda Legal

By: Hayley Gorenberg/Lambda Legal Deputy Legal Director —

Q: My family and I just moved, and I just started at a new school. I’m hoping that I can be open about being gay there, but I’m not sure how to find out. What should I do?                

A: Starting at a new school isn’t easy for anybody, especially if you have concerns about how your teachers and fellow students will react to you being gay. The good news is that LGBT students across the country in grades K-12 have many rights that protect them from bullying, harassment and discrimination while in school. So while you get ready to meet new people and settle in, rest a little easier knowing the law is on your side.

Did you know more and more jurisdictions are adopting laws that prohibit and penalize bullying, and almost every state has anti-bullying laws on the books? These laws are important because unfortunately, over 60% of LGBTQ students report feeling unsafe at school, and nearly 40% have been physically harassed and 18.3% assaulted. Thankfully, you don’t need to be “out” or even LGBTQ to be protected under the lawBy guaranteeing “equal protection of the laws” to all people, the Constitution also protects students who are perceived to be LGBTQ, as well as students who associate with LGBTQ people.

In public schools, LGBTQ students have the right to voice their support for LGBTQ equality and wear T-shirts or distribute leaflets expressing LGBTQ-positive statements without censorship, and hold meetings for LGBTQ-related groups on the same terms as other student organizations. The rules can be very different for private schools, but you still have certain federal and state laws on your side.

If you’d like to get specific information on where your school stands with LGBTQ issues, look in your school’s student handbook. Check for written policies regarding LGBTQ students and a clear policy for how students and staff should report and respond to incidents of harassment or discrimination. You can also try and find teachers or other school employees who openly show support. Maybe it’s through an “LGBTQ Safe Zone” sticker in an office or classroom, or participation in student-sponsored events like GLSEN’s Day of Silence – chances are, there are friendly and supportive teachers at your school.

Does your school already have a gay-straight alliance (GSA)? There are more than 4,000 GSAs in schools nationwide, and it’s good to know that GSAs can’t be discriminated against or held to different standards than other student clubs—it’s the law. The Gay-Straight Alliance Network offers a national directory of statewide organizations that work with GSAs and other resources for starting a GSA: www.gsanetwork.org/national-directory.

Students have the right to be safe and supported at school! Our Know Your Rights Toolkit for LGBT teens and young adults can be found here: www.lambdalegal.org/know-your-rights/youth.

If you have questions about your rights at school, contact our Legal Help Desk at www.lambdalegal.org/help/ or by calling 1-866-542-8336.

[To read this story in Spanish, click here].