Our firm is diligently keeping track of the legal battles surrounding the New Title IX rules that were approved by the Department of Education in April 2024. Learn about the current state of Title IX, how it makes it significantly harder to defend school sexual misconduct charges, and how we can help if you are facing accusations.
The Gay, Lesbian, and Straight Education Network's (GLSEN) 2021 National School Climate Survey reveals that the majority of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ+) secondary school students in New Hampshire faced an unsafe educational environment. Furthermore, a significant number of LGBTQ+ students in New Hampshire lacked access to crucial school resources and assistance.
If you or a loved one are an LGBTQ+ student experiencing discrimination at any educational level, the Lento Law Firm is readily available to provide critical assistance.
Our dedicated Education Law Team is committed to safeguarding the rights of students across New Hampshire and the entire country. Feel free to contact us today at 888-535-3686 or fill out a contact form.
Relevant Laws and Constitutional Protections
There's no question that there is room for further improvement to legally safeguard LGBTQ+ youth against unprovoked harassment and discrimination. However, there are numerous Constitutional rights and laws that aim to protect them at every stage of their educational journey — and beyond. Several of these protections include:
- Title IX: This civil rights law prohibits sex discrimination in education.
- The Equal Protection Clause: This clause in the U.S. Constitution prevents states from denying individuals equal protection under the law.
- The First Amendment: This amendment in the U.S. Constitution grants all individuals the right to free speech and expression.
- The Equal Access Act: This act ensures that all non-curricular student groups are granted the same rights.
- New Hampshire has an LGBTQ+-inclusive anti-bullying law, has state guidance for schools on fair treatment for transgender students, and protects the formation of non-curricular Gay/Straight groups in schools.
Common Problems LGBTQ+ Students Face in New Hampshire
It should be acknowledged that students who identify as LGBTQ+ may encounter challenges both within and beyond the school environment.
Although they constitute a smaller demographic compared to straight students, the unfortunate truth is that LGBTQ+ students tend to experience significantly high levels of bullying, harassment, sexual assault, and discrimination.
The following are some of the most common issues LGBTQ+ students face.
Misgendering
Misgendering occurs when individuals refer to a transgender, nonbinary, or gender-nonconforming person using language that does not correspond with their affirmed gender. Individuals who hold discriminatory views towards the LGBTQ+ community may engage in misgendering as a means of harassment. However, it's often unintentional due to a lack of understanding or assumptions made about someone's gender.
While this may be true, misgendering still remains a significant problem that has adverse effects on the mental health of LGBTQ+ students. Known to exacerbate feelings of feeling fundamentally misunderstood, disrespected, or unsafe, misgendering can increase stress levels in individuals who identify as transgender or gender-nonconforming.
This phenomenon is supported by research on the minority stress model, which demonstrates how marginalized groups face ongoing social stress as a result of their stigmatized status in society.
Bullying
Bullying, which involves unwanted, aggressive behavior, is a powerful and consistent risk element for youth suicide. It's worth noting that LGBTQ+ youth encounter bullying both in-person and online at considerably higher rates compared to their heterosexual and cisgender counterparts.
In fact, a 2021 report from The Trevor Project reported that the majority of LGBTQ+ youth (52%) who were enrolled in middle or high school reported being bullied either in person or electronically in the past year. This treatment is known to lead to serious, life-altering consequences, including eating disorders, anxiety, and depression.
Mental Health and Suicide Risk
LGBTQ+ youth do not have a natural inclination towards suicide risk due to their sexual orientation or gender identity. Instead, they face an increased risk due to the discrimination and stigma they experience in school environments — and elsewhere. In its 2024 Survey on the mental health of LGBTQ+ youth in the state of New Hampshire, The Trevor Project asked more than 18,000 LGBTQ++ young people between the ages of 13 and 24 across the United States about their experiences.
The following alarming stats were reported among LGBTQ+ youth:
- 39% seriously considered suicide in the past year, including 46% of transgender and nonbinary young people.
- 10% of White young people attempted suicide in the past year, compared to:
- 24% of Native/Indigenous young people
- 16% of multiracial young people
- 14% of Middle Eastern/Northern African young people
- 14% of Black/African American young people
- 13 % of Hispanic/Latinx young people
- 10% of Asian American/Pacific Islander young people
- 66% reported symptoms of anxiety.
- 53% reported symptoms of depression.
The research highlights a strong correlation between anti-LGBTQ+ victimization and alarmingly elevated levels of suicide risk, underscoring the challenges many youths face in obtaining essential mental health services.
How an Education Law Attorney Can Help LGBTQ+ Students
Facing serious difficulties related to LGBTQ+ issues within your school environment may lead to feelings of frustration, overwhelm, or fear. You need the dedicated support of a New Hampshire Education Law attorney from the Lento Law Firm.
We specialize in assisting LGBTQ+ students to address common issues with their schools, and we provide recommendations on how to move forward within your rights. Our legal team is skilled at identifying relevant school policies, state laws, and federal regulations that pertain to your unique case.
Additionally, we can help you prepare for any interactions or discussions with school administrators so you and your family can move forward with confidence. To schedule a confidential consultation today, contact our Student Discipline Team at 888-535-3686 or fill out a contact form.
