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Lesbian, gay, bisexual, transgender, queer, and/or questioning (LGBTQ) youth face unique issues in connection with going to school, interacting with their heterosexual peers, participating in sports, using shared restrooms, and other areas where they often face harassment on a daily basis. Young people who identify as LGBTQ have the right to be open and free from discrimination related to their sexual orientation or gender identity at school and in other settings.

Discrimination and Bullying

LGBTQ youth most often face discrimination and bullying at school or in connection with activities such as sports. The Equal Protection Clause of the Fourteenth Amendment prohibits schools from treating LGBTQ students any differently than other students. This means that LGBTQ students deserve the same protection against harassment and bullying that other students, bullied for other reasons, receive.

Additionally, schools that receive federal funding are governed by Title IX, which prohibits discrimination and harassment on the basis of sex. Discrimination based on sexual orientation or gender identity is considered prohibited sex discrimination under this law. This means that you may have a Title IX claim if you face discrimination or a school fails to take measures to stop you from being bullied on the basis of your sexual orientation or gender identity.

Freedom of Expression

Schools sometimes unduly restrict the free expression rights of LGBTQ students under the guise of protecting them from harassment or animosity from other students. This is illegal. The First Amendment gives LGBTQ youth the right to free expression, free speech and the right to associate. Students are entitled to wear T-shirts with messages and symbols related to their gender identity or sexual orientation. They are also entitled to organize in non-curricular groups to the same extent as other students. They are permitted to take same-sex dates to prom and other school events. Their freedom of expression extends to freedom of gender expression as well.

Unfortunately LGBTQ youth also face challenges within their families. Some families' lack of acceptance leads to LGBTQ youth being forced into conversion therapy, which can cause psychiatric and emotional problems. States across the country, including California and New Jersey, have begun to pass laws prohibiting licensed therapists from engaging in this harmful practice.

Right of Privacy

LGBTQ youth have rights of privacy, including not just the individual right to bodily autonomy, but also the right to control the release of highly personal information. This includes the right not to be outed against their will.

Government agencies, public officials, doctors, lawyers, child welfare care providers, and schools must all respect your right to privacy, including any decision not to be out or not to be out to your family. It is illegal for school officials to disclose information about sexual orientation or gender identity to a student's parents, peers or other parties. Doing so can lead to family conflict, physical abuse, and homelessness.

Homelessness, Foster Care, and the Juvenile Justice System

A lack of family acceptance leads to a higher incidence of homelessness in the LGBTQ youth population and the possibility of foster care. Forced into activities that are necessary to survive on the streets, some LGBTQ youth wind up in the juvenile justice system. LGBTQ youth in the foster care or juvenile justice systems have the right to be safe from abuse and harassment, and to have their medical and mental health care needs addressed. Transgender youth, for example, have the right to be provided with medical care related to transitioning.

Recent Topics

  • Bullying and Harassment

    Lesbian, gay, bisexual, transgender, queer and/or questioning (LGBTQ) youth are often targets of bullying and harassment due to their sexual orientation or gender identity. Bullying and harassment may be verbal or involve physical assault. Sixty perc...

  • Conversion Therapy

    Historically, some mental health professionals used methods such as electroconvulsive shock therapy, chemical castration, and institutionalization in an attempt to prevent people from being LGBTQ or suppress attractions and expressions of gender iden...

  • Discrimination in Schools

    A large number of LGBTQ students continue to feel unsafe at school due to high rates of discrimination and harassment . Often, schools have discriminatory policies or practices that directly affect LGBTQ students. These may relate to student groups w...

  • The First Amendment and Free Speech

    LGBTQ youth may encounter policies and practices that violate their free speech and free expression rights under the First Amendment. These violations often occur at school. Students may find themselves discriminated against or punished for expressin...

  • Foster Care

    LGBTQ youth in foster care should be aware that they have civil rights that are established under the United States Constitution, as well as state and federal statutes. Rights granted by an individual foster agency’s own policies may vary. Right to B...

  • Homelessness

    It is estimated that 20% of homeless youth identify as lesbian, gay, bisexual, transgender, or questioning. Many of these youth report that serious family conflicts are the reason they became homeless. Abuse, discharge, foster care emancipation, or a...

  • The Juvenile Justice System

    LGBTQ youth are overrepresented in the juvenile justice and delinquency system, and they face serious health and safety issues while in custody. They also may not receive the rehabilitation services that they are entitled to in those settings. Furthe...

  • Participation and Discrimination in Sports

    Student athletes’ participation in sports is often correlated with higher academic achievement and self-esteem. However, in 2011 almost 30% of LGBTQ athletes reported that they were harassed or attacked for their sexual orientation or gender identity...

  • Transgender Students' Rights

    Transgender students are protected from discrimination under Title IX. Title IX is a federal law that prohibits sex discrimination in schools that receive federal funding. This category includes K-12 schools, colleges, and universities. Courts, as we...

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