In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
Compared to most states in the U.S., Massachusetts has an admirable track record on issues regarding LGBTQ+ rights. The state was the first in the country to allow same-sex couples to marry — and while that may be the most well-known example of their progressive nature, Massachusetts has followed it up by enacting a number of other laws and guidelines that protect LGBTQ+ students of all ages.
However, that does not mean that students who identify as LGBTQ+ won't face problems inside and outside of their schools. If you are an LGBTQ+ student facing unnecessary hardships at any grade level, the Lento Law Firm is here to help. Our Education Law Team fights to protect the rights of students in Massachusetts and nationwide. Call us today at 888-535-3686 or fill out our online contact form.
Common Problems LGBTQ+ Students Face in Massachusetts
While the public's rising acceptance of LGBTQ+ individuals over the past decade has undoubtedly made it easier for young people to “come out,” these students are still severely outnumbered when compared to their heterosexual peers. According to the 2021 Massachusetts Youth Risk Behavior Survey, about 22% of the state's youth (ages 13-18) identify as LGBTQ+. This is much higher than in 2015 when that number was 12.6%; still, it's a significant minority when looking at the full picture. State-specific data for university demographics, on the other hand, is harder to come by — but an AAU survey estimated that nearly 19% of U.S. college students in 2020 considered themselves members of the LGBTQ+ community.
Despite being a smaller population than straight students, LGBTQ+ students face a much higher rate of bullying, harassment, sexual assault, and discrimination. This can, in turn, lead to a host of secondary issues, such as:
- Depression and anxiety
- PTSD
- Eating disorders
- Physical violence
- Drug use
- Self-harm
- Suicide ideation and/or attempts
Unlike harassment and bullying, to which an LGBTQ+ student can almost always point to the time and day a specific instance occurred, many problems can be more nuanced. For example, a teacher may seem to grade you more harshly when compared to other students, or they may brush you off when you ask for personal help. Patterns like these, however subtle, might very well be considered harassment or discrimination in the eyes of Massachusetts law. If you have questions about whether the issues you or your student are facing could be grounds for legal action, contact the Lento Law Firm's Education Law Team for a consultation.
Using legal means to fight back against LGBTQ+ rights violations and mistreatment in schools is about more than just upholding Massachusetts law. It's about ensuring the mental and physical well-being of vulnerable students and incentivizing state and school employees to foster safe environments for their students going forward.
Massachusetts Laws Protecting LGBTQ+ Students
All Massachusetts public school students have the right to learn free from bullying, harassment, and discrimination. This is made clear in the following state laws:
Bullying and Harassment
Chapter 71, Section 370 of the Massachusetts General Laws is one of the strongest anti-bullying laws in the United States. It requires every public school to have a comprehensive anti-bullying policy in place, recognizing that factors like sexuality and gender identity make a student more vulnerable to targeting. Teachers and other school employees are mandated to report bullying and harassment and must complete training on the best practices for handling those situations.
Discrimination
Because the First Amendment of the U.S. Constitution preserves free speech, discrimination can be a complicated issue to undertake. The odds of an LGBTQ+ student filing a successful discrimination case increase greatly if there are tangible examples to reference, including:
- Intentionally minimizing or skipping over relevant LGBTQ+ materials or disallowing discussions surrounding sexuality or gender identity
- Punishing or ridiculing transgender students for using the bathroom that aligns with their gender identity
- Blocking LGBTQ+ students from joining a particular group based on their gender identity or sexuality
- A school newspaper refusing to publish LGBTQ+ content that otherwise meets journalistic standards
- Penalizing a student for pro-LGBTQ+ comments, posts, or demonstrations
- Professors refusing to sponsor a club or activity due to LGBTQ+ participation
Massachusetts General Laws contain multiple statutes designed to strengthen students' protection against discrimination. Chapter 76, Section 5 prohibits sexuality and gender-based discrimination (similar to the federal Title IX law). Chapter 151C lays out fair education practices and expressly prohibits sexual harassment by school employees or other students.
Title IX
Title IX is a federal anti-discrimination law that applies to any school that receives funding from the federal government, including those in Massachusetts. The law aims to curb gender-based discrimination, harassment, and sexual assault in schools and on campuses. Title IX gives a strong federal legal basis for many cases involving the mistreatment of LGBTQ+ students.
Guidelines Regarding Transgender Students
In 2012, Massachusetts enacted guidance that prohibits the discrimination of students based on their gender identity and presentation. This extends to the way students present physically and how they dress. Students must still follow the school's general dress code — but the state does not allow publicly funded schools to enact clauses that might prevent students from dressing in accordance with their gender identity. To put it another way, a student who was assigned male at birth has the right to wear a dress to school, as long as that dress is the minimum length allowed by the dress code.
Schools in Massachusetts are expected to call students by their preferred name and pronouns and to withhold any private medical information or previous names (a.k.a. deadnames). Where sports are concerned, the state also requires public schools to allow transgender students to play with a team consistent with their identity.
The Lento Law Firm Can Help
If you are a student or parent considering legal representation for a case relating to LGBTQ+ harassment, bullying, or discrimination, look no further than the Lento Law Firm. Our nationwide Education Law Team assists clients all over Massachusetts — from Boston to Worcester to Springfield. Reach out today by calling 888-535-3686 or via our online form.
