An ACLU Attorney on Legal Questions Facing LGBTQ+ Students

First, that’s a really hard situation to be in, because all students deserve to be safe in school, and to feel supported in school, and most importantly to be allowed to be themselves in school. In a situation where you are reporting that you’re being bullied or harassed and are not receiving the response that you need, you have a couple of options. There are a number of legal organizations that may be able to provide you with further resources for self-advocacy. The ACLU National Project has resources, the ACLU affiliates in your state may have other specific resources. GLSEN is another one that can often put folks in contact with local attorneys who can help them advocate.

The other option can be going to the Office for Civil Rights, or OCR, at the U.S. Department of Education, and either filing a complaint or asking for mediation.

Moving on to bathrooms, what could I do if I lived in a state where bathroom use has been restricted to sex assigned at birth?

We have “Know-Your-Rights” guides on the ACLU website that can help spell out the legal reasoning behind why you should be allowed to use the correct restroom when you go to school. If you are in a state that has passed a law to the contrary, that’s another opportunity to reach out to your local ACLU affiliates, or to the National Projects helpline, or to other legal services organizations to see what your options are for self-advocacy.

I will say that the most important thing is that students feel safe, and be able to participate in school fully. I would just encourage students to think about, if for whatever reason you are not allowed to use the correct congregate restroom, what other accommodations can you ask your school for that will allow you to focus on your schoolwork, focus on feeling safe in school, and be able to get through the day, even if that’s not the fairest result.

If my school discloses my gender identity to my parents without my consent, what can I do?

The first thing that I’d say is that policies like that really harm everyone. They harm students, they harm parents, and they harm school staff, because they remove opportunities to build trust. Obviously, students and families should decide on their own terms when and how to have these conversations, both at home and at school. If your school has provided private information about your gender identity or your sexual orientation without your consent, it can be important to let the school know that they didn’t have your consent to do that, and ask them not to do it in the future. It may be that the school has a policy that supersedes that request, in which case, students should think about what they need to do to keep themselves safe while they’re at school. I think students generally know how to keep themselves safe, even in circumstances that are not particularly fair to them.