Maryland is widely regarded as one of the most LGBTQ+ friendly places in the U.S. A 2022 poll found that the state's citizens support pro-LGBTQ+ laws at 87% — which, alongside the District of Columbia, is the highest rate in the country.
Despite this, students identifying as LGBTQ+ can (and do) still face issues like bullying, harassment, and discrimination. Parents of LGBTQ+ students in primary, secondary, and even post-secondary schools may find themselves in a situation where they must use legal means to protect their child. That is where the Lento Law Firm comes in. Our Education Law Team is dedicated to fighting for the rights of students in Maryland — and nationwide. If you or your child are an LGBTQ+ student facing injustice, contact us today at 888-535-3686 or by filling out our online form.
Common Issues LGBTQ+ Students Experience in Maryland
With public acceptance at an all time high, it's easy to see why there have are more “out” LGBTQ+ students than ever before. According to a 2020 survey, UCLA's Williams Institute estimated that there were 36,000 Maryland students (aged 13-17) who identified as LGBTQ+. That number has almost certainly gone up in subsequent years; however, LGBTQ+ students are still just a fraction compared to those that identify as straight and cisgender.
Any time a group is a minority of the population, they face a higher possibility of discrimination, harassment, and bullying. LGBTQ+ students, in particular, may also find themselves more likely to be victims of sexual assault than their non-LGBTQ+ peers. It's a scary reality for LGBTQ+ students and their parents, especially when you consider that experiencing these traumatic hardships is known to lead to a bunch of other issues, including:
- Depression
- Anxiety
- PTSD
- Eating disorders
- Use of physical violence
- Drug use
- Self-harm
- Suicide ideation and/or attempts
LGBTQ+ students who experience bullying, harassment, or discrimination should do their best to keep a record of the date and time of each instance. In the event that you pursue legal avenues for justice, having thorough documentation will make your case much stronger.
That being said, not all acts of discrimination are easy to pinpoint. LGBTQ+ students may face more subtle targeting, such as harsh grading from teachers or preference given to other students. If a student suspects they are being discriminated against by a school administrator, teacher, or staff member, the smart move is to consult with a lawyer to determine if you have a case. The Lento Law Firm's Education Law Team can look through the details of your case and decide whether you have grounds for legal action in Maryland.
While some parents may be hesitant to employ legal methods for problems that arise in school, using federal and Maryland laws to fight LGBTQ+ rights violations and injustice is one of the strongest ways to spark change. The ultimate goal is to protect vulnerable students (physically and mentally) and the mere threat of legal trouble can incentivize schools to make and enforce LGBTQ+ friendly policies.
Maryland Laws Protecting LGBTQ+ Students
LGBTQ+ public school students at any grade level (including college) have the right to an education free from discrimination, harassment, and bullying. Private schools do not face the same level of scrutiny — particularly in matters of discrimination — but if you are an LGBTQ+ student facing hardships at a private school, it is always worth contacting a lawyer to assess your options.
Bullying, Harassment, and Discrimination
Maryland has general laws that prevent bullying, harassment, and discrimination in public schools, including anything that is motivated by perceived characteristics like race, ethnicity, sex, religion, sexual orientation, and disability. There is no state law on the books that specifically outlines protections for LGBTQ+ students; however, Maryland's Board of Education requires that county-level boards of education develop or adopt anti-bullying and anti-discrimination policies. These policies generally go into greater detail, and many set forth guidelines that are uniquely relevant to the LGBTQ+ community. These can include gender-inclusive dress code standards, bathroom inclusivity, school dance-related guidelines, and more.
While these district policies may closely resemble one another — specifically, in their requirements to inform parents of any issues — determining whether an LGBTQ+ student will have a solid case often comes down to the wording of these particular county- and school-level guidelines. If you can't find your school's policies, the Lento Law Firm may be able to help look into the matter.
Title IX
In some cases, Title IX may provide a strong legal basis for discrimination cases that involve LGBTQ+ students. Title IX is a federal law that targets gender-based discrimination, harassment, and sexual assault involving students. The law is most frequently cited in cases regarding college students; still, Title IX applies to any school that receives federal funding.
Guidelines Regarding Transgender Students
Federal laws surrounding the protected rights of transgender and non-binary students continue to be unresolved. In the Education Article of Maryland's code (Section 26-704), the state has codified anti-discrimination measures for students on the basis of their gender identity. This statute provides students with some level of protection, but it does not go any further in specifying the ways Maryland public schools must adhere to this rule.
Under the law, common issues transgender and non-binary students face — such as teachers using incorrect pronouns and deadnames and dress codes that don't allow students to fully express their gender identity — may still fall in a legal gray area that will depend heavily on the specifics of the case. For transgender and non-binary students undertaking a legal case, having an experienced legal team can make a huge difference to your outcome.
The Lento Law Firm Protects LGBTQ+ Student
The Lento Law Firm's Education Law Team is a nationwide team of attorneys who aim to protect the rights of students. If you or your child is an LGBTQ+ student facing discrimination, harassment, assault, or bullying, do not hesitate to reach out for a consultation. We represent clients from all across Maryland, from Baltimore to Frederick to Montgomery, Anne Arundel, and Prince George's Counties. Call us today at 888-535-3686 or fill out our online contact form.
