In Brief: Back to School

From September 2010 eNews

September is not supposed to be the cruelest month. Unfortunately, for many young people who are the targets of antigay and anti-trans bullying and violence, school is not a safe place to be, and the start of a new school year is agonizing.

Ironically, the problem of bullying in school is one that brings many good people together because it affects not only lesbian, gay, bisexual, transgender and questioning (LGBTQ) young people, but also non-LGBTQ youth who are simply perceived to be gay by their peers, and other young people who are identified as different for any number of reasons. In a most unhappy way, bullying is a great leveler.

States are now beginning to enact anti-bullying legislation that specifically protects LGBTQ youth as well as others who are the victims of such abuse. This week, our Deputy Legal Director, Hayley Gorenberg, represented Lambda Legal as Governor David Paterson of New York signed the Dignity for All Students Act into law. As the 2010 school year begins around the country, 14 states plus the District of Columbia have such laws in place; unfortunately, 36 states do not.

Laws specifically prohibiting bullying and harassment are very helpful, but even without them we stand up and fight for the rights and safety of LGBTQ students. Fifteen years ago, Lambda Legal went to court on behalf of a student named Jamie Nabozny, who was the target of unrelenting and vicious abuse at school starting at age 13. The harassment went on year after year while Nabozny's pleas for protection went unheeded. His despair led to two suicide attempts, the first of which was in seventh grade, and he eventually withdrew from school in the eleventh grade. In a historic and precedent-setting victory, a federal appeals court in 1996 spelled out the constitutional obligation of public schools everywhere to protect LGBTQ students from abuse. The case resulted in a million-dollar settlement for Nabozny and electrified the education community.

Jamie Nabozny continues to speak out and fight for the welfare of other students. We spoke with him and wrote about his recent work for our upcoming Impact magazine, and his inspiring story is the subject of an educational film soon to be released by the Southern Poverty Law Center entitled Bullied.

Winning one big case strengthens the law for every student who follows, but it does not end the problem. Lambda Legal is currently representing Charlie Pratt, who was also the target of terrible abuse in a high school, where teachers and administrators did nothing to protect him. This case is still in court, and we were very encouraged last month when the U.S. Department of Justice filed a friend-of-the-court brief in support of the discrimination claims we made on Pratt's behalf.

Last January, the Student Nondiscrimination Act was introduced in both houses of Congress, and last month, Nabozny wrote an open letter to Rep. Jared Polis and Sen. Al Franken, lead sponsors of the bill, to thank them for their leadership and to urge them to do everything they can to gain passage of it. That's what it takes to make social change: to fight back when you face discrimination, and then to keep fighting for those who are still at risk.

On Tuesday, Lambda Legal submitted to Education Secretary Arne Duncan recommendations for including the concerns of LGBT students among the Education Department's top priorities.

Going back to school should be a time to think about learning, friends and a fair and hopeful future. We'll keep fighting for LGBTQ youth so that discrimination and harassment do not get in their way.