Some lesbian, gay, bisexual, transgender, and queer (LGBTQ) youth experience supportive, welcoming school environments where they are physically and emotionally safe and their LGBTQ identity is respected. But others may experience unwelcoming, unsafe, and unsupportive conditions in schools.
Research has found that LGBTQ youth are more likely to experience stress and fear in school than are non-LGBT youth. This experience is associated with verbal harassment (e.g., being subject to name calling), physical harassment (e.g., being pushed or shoved), and physical assault (e.g., being punched or kicked) because of their sexual identity and gender identity or expression.
Public schools are required by law to address harassment against LGBTQ students just as they are required to address harassment against other students. Public schools are required to ensure that LGBTQ students have equal access to all school activities and programs.
The United States Constitution (the 14th Amendment’s Equal Protection Clause) and Title IX (Title 9) (a federal statute located at 20 U.S.C. §1681) are two of the laws that provide these protections against LGBTQ discrimination in public schools.
In Alabama, as in all states, LGBTQ youth are protected under federal laws such as the 14th Amendment’s Equal Protection Clause of the United States Constitution and Title IX of the Education Amendments of 1972. These laws mandate that public schools must address harassment against LGBTQ students and ensure they have equal access to all school activities and programs, free from discrimination based on sexual orientation or gender identity. While Alabama does not have specific state statutes that explicitly protect LGBTQ students, the application of federal laws means that schools are required to prevent and respond to acts of harassment and discrimination against LGBTQ students. This includes taking action against verbal and physical harassment and ensuring a safe and supportive educational environment for all students, regardless of their LGBTQ status.