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I’ve had kids at school call me names, leave nasty notes on my locker, and threaten to beat me up just because I’m gay. What about harassment of lesbian, gay, bisexual or transgender students at school? Public schools most likely have a constitutional obligation to treat abuse of LGBT students—and students who are still questioning their sexual identity—as seriously as any other abuse. As one federal court ruled, school officials violated a gay student’s right to equal protection when they didn’t do anything about serious harassment he received from other students because he was gay. As an LGBT student, you are also protected from harassment and discrimination at school by: - Title IX in federal law: Anti-gay harassment of a sexual nature is illegal
- Pennsylvania Code: Section 4.4 of the code says that discrimination because of sexual orientation isn't allowed in PA educational programs.
- School District Policies: Some school districts, like Philadelphia and Pittsburgh, have policies specifically outlawing discrimination based on sexual orientation. The School District of Philadelphia also has a policy to assure a “safe, equitable and positive school experience” for lesbian and gay students. Check with your school district for its policies.
What should I do if I experience anti-gay abuse at school? You should follow the same steps we listed in the “Sexual Harassment” section. Report any abuse (from name-calling to physical assault) to the school principal. Don’t just tell a teacher or school counselor because it’s the principal who is the legally liable school official. You should also keep a list of all the anti-gay incidents at your school. Record your school’s response to them. The principal didn't help me at all. Now what do I do? You can do the following: - Contact the superintendent of the school district or the school board and get help from them.
- Tell other groups—like LGBT support groups—about the problem. That way you can focus attention on the school's failure to protect you, and get some outside support.
- Contact the ACLU and other civil rights organizations for help.
The bottom line is: Officials have a responsibility to make their schools safe for all students, gay, straight, and everyone in between. My friends and I want to start a Gay/ Straight Alliance club at our school to meet after classes in our school building. We’ve been told the school really frowns on GSA groups. Do we have a right to meet at school? Yes. If your school allows other “non-curricular” student clubs—like chess clubs or community service clubs—to meet at school after school hours, then it has to let your club meet too. School officials can’t refuse to let students meet at school just because they don’t like what the students want to talk about or take action on. My girlfriend and I want to go to the prom together, but the prom committee refuses to sell us tickets because we’re a same-sex couple. We don’t care what other students think, and we want to go to the prom like every other high school senior. I complained to the principal about it, and he told me that only boy-girl couples are allowed at the prom. Can the school do that? Schools in some communities have tried to stop gay and lesbian students from bringing their dates to the prom. The law is not clear on whether schools can do that. One federal court has said that a gay couple can go to the prom together. Remember: the First Amendment says that you have a right to associate with whom you want. And the Fourteenth Amendment says you have a right to equal treatment. That means whether you are lesbian, gay, bisexual, transgender or heterosexual, you should have the same privileges as any other student. If other students can go to the prom with their chosen dates, then so should you. What about rights for transgender students? I’ve been attending school as a boy my whole life, but inside I have always felt like a girl. My parents know this and support me, but my principal tries to send me home if I show up to school in girl’s clothes. It is still unclear how the law protects your expression of gender identity (as opposed biological sex). At least twelve municipalities in Pennsylvania have ordinances to protect against discrimination based on gender identity: Allentown, the city of Lancaster, Erie County, Harrisburg, Lansdowne, New Hope, Philadelphia, Pittsburgh, Scranton, Swarthmore and York. In those places, your gender expression should be protected, but, in towns without ordinances, that is less clear. If your school has no official dress code, you should be able to wear what you wish, if there is no “substantial and material” disruption to your school’s activities. If there is a dress code, you may still have an argument that restricting your gender expression is discrimination, under Title IX or Pennsylvania’s Equal Rights Amendment, but there has yet to be a case like this in the PA courts. If you have been diagnosed with “gender identity disorder” by your doctor, you may be protected under Pennsylvania’s definition of disability, but federal law does not recognize gender identity disorder as a disability. What if I go through the complete transition from male to female? Shouldn’t my gender identity be respected then? If you go through a process of transition and change the gender designation on your birth certificate, your school should respect that choice by changing your documents accordingly and allowing you to use gender-appropriate facilities. But, since Pennsylvania courts have not seen a case like this, the law is still unclear. Again, you are more protected in places that prohibit gender identity discrimination.
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