LGBTQ Youth Rights

Know Your Rights

Lesbian, Gay, Bisexual, Transgender and Questioning Youth often face harassment and discrimination just for being who they are. The thought of entering the school doors can be a nightmare for many students. Oftentimes school administrators and teachers are ill-trained to deal with the excessive taunting and name-calling that takes place under their guise.

Surveys done in New York City schools shed much needed light on this serious problem:

• 80 percent of young people report hearing gay-related taunts, starting as early as age six.
• 70 percent of students reported hearing derogatory terms such as “faggot” and “dyke” from other students in their school.
• 14 percent reported physical violence inflicted by their peers. The ACLU found that 53 percent of students say they have heard homophobic comments made by school staff, essentially condoning the institutional abuse.

Your Questions

Am I protected at school?
What if I’m getting harassed?
Can I start a GSA? How?
How can I find a doctor and get sex advice?
Can the school tell my parents I’m gay?
I have this gay pride T-Shirt. Can I wear it to school?
Can I bring my girlfriend/boyfriend to prom?
Can I give out fliers with gay info on them?
Is there a glossary of terms?
Can I wear the clothes that fit the gender I identify with?

Am I protected at school?

The Equal Protection Clause of the 14th Amendment gives you the Constitutional right to be protected. Your school has the duty to protect LGBTQ youth from harassment and discrimination on an equal basis with other students. If your school turns a blind eye to harassment because they are uncomfortable with your sexuality or uneducated about LGBTQ issues they have failed to provide you with equal protection.

I am getting harassed at school and I don’t know what to do about it.

Don’t be invisible! Report a problem immediately. More than 60 percent of students who were harassed or assaulted didn’t report it. Talk to your principal or counselor as soon as an incident happens, or beforehand, if you feel threatened. Remember to write down every incident with dates and descriptions of what happened and when you reported it. If you feel like school authorities aren’t taking appropriate action there are other steps to take! Go to Steps to Make a Complaint.

Can I start a Gay-Straight Alliance or other Gay/Lesbian Club at my school?

Yes! As long as your school allows other extra-curricular clubs to meet, such as chess or anime club, they must allow a gay-related club to exist. In 1984, the Equal Access Act (EEA) was passed in Congress. This Act said that any public school receiving federal money has to allow groups the same meeting facilities (a room or space on a bulletin board) no matter what the group believes or discusses.

How do I start Gay-Straight Alliance?

It’s easy. A Gay-Straight Alliance (GSA) is a student-run club, typically in a high school, which provides a safe place for students to meet, support each other, talk about issues related to sexual orientation and work to end homophobia. There are ample resources to help you start your own! This is a good place to start! If the administration at your school gives you any trouble starting one contact mfaiella@nyclu.org!

I don’t have sex ed at my school and I am afraid to talk to my parents, where can I get information about contraceptives (condoms, birth control) and health advice?

There is no shortage of resources! You can start at our Teen Health Initiative web site where you can find out your legal rights as a teen regarding healthcare and information services. Look at our Resources page for other options.

The Callen Lorde Center has a program called HOTT (Health Outreach to Teens). They offer low- and/or no-cost medical and mental health services for LGBTQ and street youth, including comprehensive primary care, counseling, social services, HIV/STI prevention services and health education. If you have any questions call the Reproductive Rights Project at the NYCLU at 212.607.3300

I am afraid someone at school will “out” me to my parents. Can they?

Absolutely not! You have a right to privacy, even if you are open about your sexual or transgender identity. Your principal, counselor and teachers do NOT have a right to tell anyone about your sexual orientation or gender identity without your permission. If they are threatening to do this make it clear that you do not want them to and if it continues look to our resources for help. Coming out is an intensely personal experience. It is hard work being open and honest enough with yourself to recognize who you are and what you want. It is a violation of your constitutional right to privacy for anyone such as police officers, counselors or school administrators to disclose your private information such as your sexual orientation or gender identity.

You have the right to be out about your gender identity, meaning your teachers and administrators should treat you with respect by using your preferred name and pronoun.

Can I talk about being gay in school or wear gay-related T-Shirts?

Of course! You have a constitutional right to be open about your sexual orientation. Schools may try to persuade you not to be out of the closet in school or wear shirts they find offensive, but you can NOT be censored as long as what you say and what you wear don’t cause “serious disruption” to a classroom. So don’t get up on the table in the lunch room and scream “I’m Gay” at the top of your lungs, but don’t be afraid to talk to your friends in the lunchroom about it. As long as your school doesn’t have a uniformed dress code and allows other students to wear shirts reflecting their political or cultural believes then they can’t tell you not to wear a shirt promoting gay pride.

The Supreme Court case, Tinker v. DeMoines, made that clear when it ruled students don’t “shed their constitutional rights to freedom of speech at the schoolhouse gate.”

Can I bring my boyfriend or girlfriend to the prom?

You sure can! You should be able to take whoever you want to your prom! In 1980, a Federal Court ruled that it is a matter of free expression under the First Amendment to bring someone of the same sex as your prom date. If your school is giving you a problem tell them about Aaron Fricke v. Richard B. Lynch – you can find a copy of it here (PDF). If they still try to prohibit you from doing this, contact mfaiella@nyclu.org.

Can I distribute gay rights leaflets at school?

Yes, as long as it doesn’t cause a disruption in the school. School administrators can’t prohibit it just because they don’t like the content. They also can’t have a blanket rule prohibiting all “disruptive leaflets.” If they want to stop you they must show why your specific leaflet would result in a major disruption at school. The school can adopt “reasonable time, place and manner” rules. So, they may not allow you to distribute fliers in the classroom or narrow corridors where it could disrupt the flow of traffic, but they can’t stop you from setting up a table or standing in the lobby or other area where it doesn’t disrupt foot traffic. The persons involved shouldn’t be missing classes or study periods to do the fliering. If the student government or PTA can set up tables in a specific area then so can you! If the school officials complain about students throwing them on the floor you can volunteer to help pick them up. These are the same rules for public sidewalks.

I have a hard time keeping up with all the terms being thrown around, like transgender, intersex or zi. Is there a glossary of terms available?

Yes. Click on the Glossary of Terms to bring yourself up to speed.

I am transgender. Can I wear clothes to school that fit the gender I identify as?

Yes! If you go to a public school without a uniform code then you have a right to wear the clothes that represent the gender you identify with. If your school has a uniform code it should be your right to wear the uniform of your choice. If this issue is coming up in your school, contact mfaiella@nyclu.org.

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