On March 27, 2013, the U.S. Supreme Court will hear arguments in Windsor v. United States regarding the constitutionality of the Defense of Marriage Act (DOMA) -- a federal statute that defines marriage for all federal purposes as a legal union between one man and one woman as husband and wife.

For some New Yorkers, the most simple and fundamental parts of their identity – their clothing, their speech, even their names – expose them to hostility and exclusion. People who do not conform to gender-based stereotypes, or whose gender presentation or identity differs from the one usually associated with their anatomical sex, often experience persistent discrimination and harassment. They face challenges earning a living, finding housing, and enjoying the simple pleasures and necessities of life.

For some New Yorkers, the simplest and most fundamental parts of their identity – their clothing, their speech, even their names – expose them to hostility and exclusion. People who do not conform to genderbased stereotypes, or whose gender presentation or identity differs from the one usually associated with their anatomical sex, often experience persistent discrimination and harassment. They face challenges earning a living, finding housing and enjoying the simple pleasures and

Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) youth often face harassment and discrimination simply for being who they are. Just the thought of entering the school doors can be a nightmare for many students. But the law requires school administrators and teachers to:

• Protect LGBTQ students from bullying and harassment.
• Treat LGBTQ students fairly and equally.
• Respect LGBTQ students’ free speech and free expression rights.
• Respect LGBTQ students’ privacy rights.

Now that same-sex couples have the freedom to marry in New York, the NYCLU has compiled a guide to answer some frequently asked questions about the new law. Please note: This brief overview is not intended to provide individualized legal advice. For further information, or if you feel that you have encountered discrimination related to your marriage, contact the NYCLU by phone at (212) 607-3300 or email at mhirose@nyclu.org. Questions:

• What does the new law do?

Marriage is the ultimate expression of love and commitment. Married couples make a public vow of love and responsibility to each other. Like everyone else, gay and lesbian New Yorkers want to express their love and protect their families through marriage. Two adults who make this private, personal choice should not be denied the opportunity to legally marry just because they are gay or lesbian.

We are deeply disturbed about the horrific increase in violent bigotry in our city, including in our schools. In October 2010 alone, two Bronx teens and one adult were beaten and tortured by a group of attackers because they were gay, and a Staten Island freshman stopped going to school because of the consistent abuse and bullying he faced by a group of classmates because he was Muslim.

Update, July 6, 2011: The current version of this FAQ can be found at Fair Marriage Laws in New York: Frequently Asked Questions (2011).  

The Dignity in All Schools Act (DASA) is a law that, if implemented, would prohibit harrassment, making schools more accountable and allowing students to reach their fullest potential.

Dignity Now: The Campaign to Stop Bullying and Bias-Harassment in New York City Schools, a white paper by the New York Civil Liberties Union and the New York City Bar Association’s Lesbian, Gay, Bisexual and Transgender Rights Committee, uses legal analysis and students’ first-hand accounts to conclude that though Mayor Bloomberg and the DOE have made strides toward ending the problem of bullying and biased-based harassment in the schools, more effort is necessary.