Highlighting four milestone cases amidst the 2025 Back-to-School season
By Nicholas Hite, Lambda Legal Senior Attorney and McDonald/Wright Distinguished Counsel
As students prepare to head back to school, we continue to fight for the interconnected rights of students and LGBTQ+ youth. Whether it’s the fundamental right to speak out or the ongoing fight to show up fully and be accepted in school, here are four cases past and present that define our work advancing the rights of LGBTQ+ students.
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.
Hatcher v. DeSoto CountyBoard of Ed.
In 2013, Amber Hatcher wanted to support her fellow LGBTQ+ peers who were silenced by fear by participating in the National Day of Silence at her school. When she notified her Florida school of her intentions, they attempted to censor her speech and repeatedly warned her and her family that there would be “ramifications” if she participated in the student-led action. Despite these threats of punishment, Amber bravely took action at her school to highlight the harm and danger of silencing LGBTQ+ young people. She was removed from class and suspended from school. Lambda Legal filed a federal suit on behalf of Amber and successfully reaffirmed every LGBTQ+ student’s right to free speech. Her school was forced to create new anti-harassment policies that protected sexual orientation and gender identity. They also had to change their free speech policy to comply with all students’ First Amendment rights.
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 Lambda Legal continues to defend the rights of LGBTQ+ students, fighting this case all the way to the U.S. Supreme Court.
Iowa Safe Schools, et al v. Reynolds
In 2023, Lambda Legal filed a federal lawsuit with the ACLU of Iowa 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. Lambda Legal continues to fight for these students and their families.
