It’s officially back-to-school season, and as students pick out first day outfits and find their new lockers, we are reminded of how student rights are connected with LGBTQ+ youth rights. Whether it was the fight to be openly themself in school, or the continuing battle to play on the school sports team that matches their gender identity, here are four cases past and present that define the advancement of LGBTQ+ student rights.
Colín v. Orange Unified School District
In 1999, Lambda Legal and People for the American Way filed a federal lawsuit on behalf of high school students in Orange County, California, whose application to form a gay-straight alliance as a recognized student club was denied. However, the federal Equal Access Act states that schools that receive federal funding and allow at least one after-school club to meet and use the school’s facilities may not deny any student club the same treatment based on the subject of their meetings. Thanks to the brave students who stood up for their rights, this landmark case marked the first time a school was ordered to allow a GSA to meet on campus, and the ruling has been invoked over and over again when other students’ rights to form a GSA have been questioned.
Henkle v. Gregory
This groundbreaking case in the early 2000s enforced students’ right to be out at school thanks to then-ninth-grader Derek Henkle. When he came out at his public school in Reno, Nevada, Derek was subject to intense harassment and bullying by his peers. School administrators, instead of protecting him, either made him transfer schools or told him to essentially go back in the closet. Lambda Legal was able to reach a settlement and recognize that LGBTQ+ youth have a First Amendment right to be out at school, sending a strong message to schools nationwide that this discrimination will not be tolerated.
B.P.J. v. West Virginia State Board of Education
Becky Pepper-Jackson was looking forward to trying out for the girls’ cross country team at her middle school. That was, until West Virginia Gov. Jim Justice signed HB 3293 into law, which bans girls and women who are transgender from participating in school sports. Lambda Legal was able to get a preliminary injunction granted by the Southern District of West Virginia in July 2021, allowing Becky to try out for and compete in track events. However, the state of West Virginia isn’t done trying to prevent girls like Becky from living as their full, authentic selves, so we’ll keep defending the rights of LGBTQ+ students in court.
Iowa Safe Schools, et al v. Reynolds
Last year, Lambda Legal filed a federal lawsuit with the ACLU of Iowa and Jenner & Block LLP to block provisions of SF 496, an Iowa law that seeks to silence LGBTQ+ students, erase any recognition of LGBTQ+ people from public schools, and ban books with LGBTQ+ content. The law also requires teachers, counselors, and other school staff to report students to their parents or guardians if the student asks to be referred to by a name or pronouns that align with their gender identity, potentially putting students at risk for abuse and homelessness. Thankfully, eight brave students, their families, and one organization, Iowa Safe Schools, are standing up for their rights and helping us fight this discriminatory law.