Ask Lambda Legal

From September 2010 eNews

Q: Two weeks ago, I started 8th grade at a new middle school. My old school had a diversity day every year and I wore a T-shirt from that event my first week at the new school. A group of kids saw it and they haven't stopped hassling me since. They even threw my backpack into a trash can in the cafeteria. I told the principal but the only thing she said was to not wear the shirt. Is there anything else I can do?

A: There's a lot more you can do.

First of all, federal law requires school officials to protect you from bullying and harassment just as they would any other student. In addition, some states have laws mandating that local school districts have antidiscrimination policies in place that specifically include sexual orientation and gender identity, outline a process for investigating complaints, and protect students from retaliation. Other states simply prohibit discrimination against LGBT students. And some have laws that protect gay and lesbian students but without specific protections on the basis of gender identity. (Though protections against discrimination based on "sex" should extend coverage to transgender students, this application is too often misunderstood.) Even if your state has no law against anti-LGBTQ discrimination, the federal Constitution of course applies to all of us, and local laws may help you.

What this means is that your principal is legally required to help you. If the harassment continues, let her know. Schools that receive federal funds (and that includes most schools) should have a way for you to formally file a complaint. If your principal doesn't respond, take your complaint to the superintendent or school board of the district, and consider filing a police report if you face serious threats or a physical attack. Seek out allies where you can find them—supportive adults within and outside of school, and members of your school's gay-straight alliance, if it has one. And don't forget that you can get more resources and support from us here at Lambda Legal, and from groups like the Gay, Lesbian and Straight Education Network (GLSEN), the Trevor Project and others. For more information, download our safe schools toolkit Out, Safe & Respected. You can also write to us using our online form or call our Help Desk at 866-542-8336.