Research the legal landscape and determine what legal protections are available to LGBTQ students in the state of Texas. Then write a position paper that outlines: The legal position in the state of Texas, as well as applicable federal requirements

Research the legal landscape and determine what legal protections are available to LGBTQ students in the state of Texas. Then write a position paper that outlines:

The legal position in the state of Texas, as well as applicable federal requirements
Whether or not you agree
If you do agree with the current legal status of LGBTQ students in your state, how will you defend it? What challenges (legal or otherwise) might you foresee?
If you do not agree with the current legal status of LGBTQ students in your state, how will you comply with the laws in a way that respects the laws and creates a supportive learning environment without compromising your conscience?

Overview

Title IX
A federal law called Title IX, which bans discrimination based on sex, protects students at schools that receive federal funds. Courts have agreed that the sex discrimination prohibited by Title IX not only includes discrimination for being a girl or boy, but also includes sexual harassment and discrimination for failing to conform to gender stereotypes. LGBTQ targets of sex discrimination and harassment have successfully relied on Title IX’s protections in several court cases involving schools.

State Antidiscrimination Laws and Antibullying Laws
A growing number of states are taking additional steps to protect LGBTQ youth by explicitly including sexual orientation, gender identity, and gender expression in laws that protect against discrimination and harassment in schools. States can vary widely in how they structure, apply and enforce these laws, and you should consult Lambda Legal (www.lambdalegal.org/help) or a local attorney if you are facing discrimination and need more specific information about laws in your area.

Detailed safeguards exist in California, Iowa, Maryland, New Jersey, New York, Vermont and a growing number of other states. Laws in all of these states require local school boards to enact antiharassment policies that specifically include sexual orientation and gender identity/expression. The policies must allow for complaints and investigations, impose consequences for violations and protect students who report harassment from retaliation. Schools must also make sure students learn about these policies.

While laws in other states may not take the same form or go into the same detail, they may still protect against abuse and discrimination at school. For example, in addition to the states listed above, Colorado, the District of Columbia, Illinois, Maine, Minnesota, Oregon, Rhode Island and Washington State have laws barring discrimination against students based on sexual orientation and gender identity/expression.

A growing number of courts are interpreting laws addressing sex discrimination to prohibit discrimination based on gender identity/expression.

Many other states have enacted antibullying laws without specifically mentioning sexual orientation or gender identity/expression. But this doesn’t mean that schools can ignore anti-LGBTQ bullying. Remember, Title IX covers all schools that receive federal funds (nearly all schools in the country). The federal Constitution requires states to apply antibullying protections equally to all public school students.