In 2015, the landmark U.S. Supreme Court case Obergefell v. Hodges ruled that marriage was a fundamental right for same-sex couples in the United States. For many Americans, this signaled a new chapter in the country's suboptimal history with gay rights. However, true equality requires the implementation of systemic protections for disadvantaged groups; while there has been a noticeable uptick in the amount of LGBTQ+ youth that feel comfortable “coming out,” there are still states in the U.S. where equality has been more difficult to achieve — including Indiana.
If you are an Indiana student who identifies as LGBTQ+, you may unfortunately experience bullying, harassment, or discriminatory hardships at some point during your education. It's possible these issues could even be perpetuated by the school itself. At the first notice of any such problems, do not hesitate to contact an attorney for assistance. The Lento Law Firm's Education Law Team is dedicated to protecting the rights of students, including LGBTQ+ students, to learn in an environment that allows them to be themselves. For a consultation regarding the specifics of your case, call the Lento Law Firm at 888-535-3686 or reach out via our online form.
Common Problems Facing LGBTQ+ Students in Indiana
A 2020 survey by UCLA's Williams Institute estimated that there were 43,000 LGBTQ+ students in Indiana between the ages of 13-17. Looking at nationwide trends, we can assume that number has risen even more in the years following; still, while that number seems substantial, LGBTQ+ students remain a small minority when compared to their non-LGBTQ+ peers.
Just as it does with racial and disabled minorities, this “otherness” inevitably leads to higher rates of bullying, harassment, and discrimination. In addition, LGBTQ+ individuals are also more likely to be the targets of sexual assault than their heterosexual and cisgender peers. Schooling is such a formative experience for every child that traumatic incidents can lead to many other issues, both directly following the event and down the line in adulthood. These issues include:
- Depression and anxiety
- Post-traumatic stress disorder
- Eating disorders
- Tendency toward physical violence
- Unhealthy drug use
- Self-harm
- Suicidal ideation and/or attempts
These are not issues parents of LGBTQ+ students should take lightly. Bullying and harassment are fairly straightforward and recognizable, but discrimination can appear more subtly. Some discriminatory scenarios LGBTQ+ students might face in school are:
- Lower grades for papers/assignments that focus on LGBTQ+ issues or that share an LGBTQ+ perspective
- Teachers or administrators favoring non-LGBTQ+ students
- School dress codes that seem to target gender non-conforming students (including at dances like Prom)
- Different reactions to public displays of affection depending on the sex and/or gender of the students involved
For LGBTQ+ students and parents, attempting to resolve their issues directly through the school may seem like the sensible option. Unfortunately, this does not always work out well for the child in question. School districts have an interest in saving money and protecting their reputation, even at the expense of a student's well-being.
The best option for LGBTQ+ students facing hardships is to get a dedicated legal team involved the moment problems arise. Using the law to fight back against injustice and preserve the rights of your LGBTQ+ student is the most effective way of inciting change. Even the threat of legal trouble is sometimes enough to make schools and districts rethink their policies and create a safer environment.
To determine whether your experience is grounds for legal action in Indiana, contact the Lento Law Firm's highly qualified Education Law Team for a consultation.
Indiana Laws Protecting LGBTQ+ Students
There are standard laws in place at the federal level that protect the rights of LGBTQ+ students in public schools to be educated in an environment free from bullying, harassment, and discrimination. Note: private schools have more leeway within the law on the matter of discrimination. Some schools (especially those that are religiously inclined) may take advantage of lax scrutiny to discriminate against LGBTQ+ students. While the law may not be entirely on your side in these instances, it is still worth consulting with a lawyer to assess your options.
Bullying, Harassment, and Discrimination
Indiana is almost completely reliant on federal laws in regards to the rights of LGBTQ+ students. In other words, the state legislature has not passed any significant measures that further protect these vulnerable students beyond what the U.S. government has already instituted.
In fact, in 2023, Indiana took action that might pose more problems for LGBTQ+ students when the governor signed House Bill 1608, which requires teachers to notify a student's guardians if the student requests to use different pronouns or a different name. Obviously, this could cause problems for transgender and non-binary students.
The good news is that federal laws (such as Title IX and the Civil Rights Act of 1964) still apply to Indiana cases. While Indiana may not have progressive state laws that make life easier for LGBTQ+ students, Indiana schools are still required to provide an anti-bullying, anti-harassment, and nondiscriminatory learning environment for all students. As such, they are not immune to legal action if they are in violation of any federal statutes. If you are an LGBTQ+ student or parent who is unsure whether you may have a case in Indiana, do not hesitate to contact the Lento Law Firm today.
Is Your LGBTQ+ Student Facing Preventable Hardships in School? The Lento Law Firm Can Help
The Education Law Team at the Lento Law Firm assists students in Indiana and nationwide as they use legal means to protect their rights. Our attorneys care deeply about fighting injustices our LGBTQ+ clients have faced, and we will use every legal avenue at our disposal to provide a suitable resolution to each case. The Lento Law Firm represents gay, lesbian, bisexual, transgender, non-binary, and questioning clients all across the state of Indiana — from Indianapolis to Muncie to Fort Wayne and Lake County. To get started with our Education Law Team, call us today at 888-535-3686 or complete our automated online form.
