LGBTQ+ rights in a classroom
LGBTQ+ students face discrimination and harassment far too often in schools. Many school officials may be unaware of their legal obligations to protect LGBTQ+ students, or they might assume students won’t challenge their actions. That's why it's crucial for you to understand your rights and know what to do if your school isn’t respecting them.
General Tips for Protecting Your Rights
If you suspect your school is treating you unfairly because of your sexual orientation or gender identity, follow these steps:
Be Respectful and Follow the Rules: Stay calm and respectful, even if you're being mistreated.
Document Everything: Keep detailed records of incidents, including dates, locations, witnesses, and what was said or done. This documentation will be crucial if you need to take further action.
Save Written Correspondence: Keep copies of any letters, emails, or forms related to your case, whether they come from the school or are submitted by you.
Get Support: Seek out support from LGBTQ+ organizations, online forums, or local groups for LGBTQ+ youth to remind yourself you're not alone.
Privacy Rights
Your school cannot "out" you to anyone without your permission—not even to your parents. Outing someone without their consent can have serious consequences, as demonstrated in a tragic case where a young man took his own life after police officers threatened to out him to his family. The courts ruled that this violated his right to privacy, and this legal precedent applies to schools, too.
If a school official threatens to reveal your sexual orientation or gender identity against your wishes, make it clear that it violates your privacy rights. If they persist, contact your local ACLU affiliate or the ACLU LGBTQ+ Project for support.
Dealing with Harassment
Harassment based on sexual orientation or gender identity is unacceptable. Under the U.S. Constitution, public schools must address anti-LGBTQ+ harassment the same way they would address harassment targeting any other student. Additionally, federal law (Title IX) prohibits harassment based on gender stereotypes, which means schools cannot ignore bullying based on how you express your gender.
If you’re experiencing harassment because of your appearance or behavior, report it to the school. They are legally required to intervene.
Schools cannot blame you or suggest you change how you dress or act to avoid harassment.
Freedom of Speech
You have a Constitutional right to be open about your sexual orientation at school if you choose. Schools cannot censor you for talking about being gay or for wearing LGBTQ+ symbols, like rainbow t-shirts, as long as it doesn’t cause a "significant disruption." Schools frequently misuse the term "disruption," but it has clear legal limits. For example, talking about being gay with friends during lunch is not disruptive, and wearing LGBTQ+ clothing is protected under free speech laws.
If your school tries to prevent you from expressing your sexual orientation or opinions about LGBTQ+ rights, contact the ACLU for assistance.
Rights of Transgender & Gender Nonconforming Students
Your gender expression is protected by the U.S. Constitution, Title IX, and state/local laws banning discrimination based on gender identity. This includes your right to wear clothing that aligns with your gender expression, whether it’s a skirt or a tuxedo, as long as it’s appropriate for school.
Schools may not always know how to accommodate transgender students, particularly when it comes to restrooms, locker rooms, pronouns, and official records. If your school is not respecting your rights, reach out to the ACLU for support.
Gay-Straight Alliances (GSAs)
A Gay-Straight Alliance (GSA) is a student-led club where LGBTQ+ students and allies can come together for support or activism. Under the Equal Access Act, if your school allows noncurricular clubs (like Chess Club), they must also allow GSAs. They cannot treat a GSA differently from any other club.
If you're starting a GSA, follow your school’s procedures for forming a student organization and keep records of everything.
If your school blocks your GSA or treats it unfairly, contact the ACLU for help.
Key Takeaway
LGBTQ+ students have the right to be safe, respected, and supported in schools. By understanding your rights—whether it’s your right to privacy, freedom from harassment, or freedom of speech—you can better advocate for yourself. If your rights are violated, document everything and seek help from the ACLU or other legal resources. No one should have to face discrimination or harassment, and you don’t have to face it alone.