What Does The Law Say About
Public Schools' Obligations To LGBT Students?
Public Schools' Obligations To LGBT Students?
As shown by the cases below, courts have consistently held that LGBT students are entitled to equal educational opportunities and rights in public schools.
- School officials may not discriminate against students on the basis of their sexual orientation or gender identity (e.g., failure to conform to gender norms). Nabozny v. Podlesny, 92 F.3d 446, 457 (7th Cir. 1996) (“[T]he Constitution prohibits intentional invidious discrimination between otherwise similarly situated persons based on one’s membership in a definable minority, absent at least a rational basis for the discrimination. There can be little doubt that homosexuals are an identifiable minority subjected to discrimination in our society.”); Smith v. City of Salem, 378 F.3d 566, 575 (6th Cir. 2004) (“Sex stereotyping based on a person’s gender non-conforming behavior is impermissible discrimination, irrespective of the cause of that behavior; a label, such as ‘transsexual,’ is not fatal to a sex discrimination claim where the victim has suffered discrimination because of his or her gender non-conformity.”); see also Scarbrough v. Morgan County Bd. of Educ., 470 F.3d 250, 261 (6th Cir. 2006) (recognizing that sexual orientation is a protected characteristic under the Equal Protection Clause of the Constitution).
- School districts may be liable for failing to adequately notify and train staff of any policies prohibiting discrimination on the basis of sexual orientation. Flores v. Morgan Hill Unified Sch. Dist., 324 F.3d 1130, 1136 (9th Cir. 2003).
- Gay-straight alliance clubs are entitled to the same rights and privileges as any other non-curricular club. Straights and Gays for Equality (SAGE) v. Osseo Area Schools Dist. No. 279, 471 F.3d 908, 913 (8th Cir. 2006); Boyd County High Sch. Gay Straight Alliance v. Board of Educ., 258 F. Supp. 2d 667, 690 (E.D. Ky. 2003); White County High School Peers In Diverse Educ. v. White County School Dist., 2006 WL 1991990, *12 (N.D.Ga. July 14, 2006); Colin ex rel. Colin v. Orange Unified Sch. Dist., 83 F.Supp.2d 1135, 1147 (C.D.Cal. 2000).
- Students have the right to attend the high school prom with a same-sex date. Fricke v. Lynch, 491 F. Supp. 381, 385 (D.R.I. 1980).
- Transgender students have the right to dress in clothes that conform with their gender identity. Doe ex rel. Doe v. Yunits, No. 001060A, 2000 WL 33162199, at *5 (Mass. Super. Ct. Oct. 11 2000).
- Students have the right to be openly gay and to express their sexual orientation at school. Henkle v. Gregory, 150 F. Supp. 2d 1067, 1076 (D. Nev. 2001).
For several recent examples of courts holding public schools liable for failing to adequately protect LGBT students, see The Cost of Harassment: A Fact Sheet for Lesbian, Gay, Bisexual and Transgender High School Students.