LGBTQ+ students of all ages in Alabama face a growing number of challenges in receiving the education they are legally entitled to receive while remaining safe and in an environment where they are respected and nurtured.
Schools should be safe havens, fostering intellectual growth and social connection. Unfortunately, for LGBTQ+ students, the reality often falls short of best practices.
The Lento Law Firm Student Defense Team can help. School administrators often need to be reminded of their legal obligations to LGBTQ+ students. Our experienced student defense attorneys know what to say and how to talk to school administrators. Call us at 888.535.3686 or contact us online today.
Legislative Threats to LGBTQ+ Students
Unfortunately, LGBTQ+ students in Alabama face significant challenges due to two bills passed by the Alabama Legislature that target their rights and well-being:
- HB 322 bars transgender students from using school bathrooms and facilities that align with their gender identity. This is similar to the controversial “bathroom bill” that was passed in North Carolina in 2017.
- HB 322 also prohibits classroom discussion of sexual orientation and gender identity from kindergarten through 5th grade. This bill mirrors Florida's “Don't Say Gay” law.
- Additionally, HB 130 seeks to expand this ban to discussions through the 12th grade.
- HB 111 and SB 92 would legally define gender as only male or female based on what is written on an individual's birth certificate.
Advocates warn that these bills would create a hostile environment for LGBTQ+ students in Alabama schools and would lead to increased discrimination, bullying, and mental health issues among LGBTQ+ youth.
If you're an LGBTQ+ student or that student's parent, you're likely already aware of many of the challenges, but here are some of the legal issues LGBTQ+ students regularly encounter in Alabama and how we can help:
Discrimination and Harassment:
One of the most common issues for LGBTQ+ students in Alabama is discrimination and harassment based on sexual orientation and gender identity (SOGI). This can be demonstrated in various ways, from verbal jeers and exclusion to physical violence. Schools have an obligation to create a safe learning environment free from harassment under Title IX of the Education Amendments of 1972. This law prohibits discrimination based on sex, which includes SOGI.
We can help students and parents understand their rights under Title IX and file a formal complaint if they experience harassment. We can also advocate for the school to implement effective anti-bullying policies and staff training on LGBTQ+ inclusion.
Bathroom and Locker Room Access:
Transgender and non-binary students often face anxieties around restroom and locker room facilities. Schools must ensure inclusive access based on a student's gender identity. This may involve allowing students to use facilities that align with their identity or creating gender-neutral options. We can advise students on their rights and work with the school to develop policies that respect their needs.
Curriculum and Instruction:
Schools play a crucial role in shaping young minds. Unfortunately, some curriculums fail to represent LGBTQ+ identities accurately or erase them altogether. Lawyers can help advocate for inclusive curriculum materials that reflect the diversity of the student body. This includes incorporating LGBTQ+ history and contributions in various subjects.
Free Speech vs. Hostile Environment:
The issue of free speech can sometimes be used to justify discriminatory behavior. However, the right to free speech does not extend to creating a hostile learning environment for LGBTQ+ students. A lawyer can help navigate these situations and ensure schools address discriminatory language or actions that infringe on student safety.
Privacy and Confidentiality:
Coming out at school can be a complex process. LGBTQ+ students have the right to privacy regarding their sexual orientation and gender identity. Schools should not disclose this information without a student's consent, except in specific legal situations. We can advise students on their privacy rights and advocate for them if a school breaches their confidentiality.
Beyond Legal Advocacy:
The role of a lawyer extends beyond legal proceedings. We can provide emotional support, connect students with resources, and help them navigate complex school bureaucracy. We can also work with educators and administrators to foster a more inclusive school environment.
The Power of Visibility:
While legal action can be a powerful tool, it's crucial to remember the importance of visibility. Lawyers can empower students to become advocates for themselves and their peers. This may involve forming LGBTQ+ student clubs, participating in school discussions, or simply living authentically. By asserting their identities, these students become powerful role models for future generations.
Only two cities in Alabama, Birmingham and Mobile, have ordinances fully protecting LGBTQ+ people from discrimination in employment, housing, and public accommodations. The vast majority of Alabamians lack these protections. By targeting LGBTQ+ individuals in schools and other areas of life, legislation in Alabama threatens the well-being and safety of LGBTQ+ students across the state.
How a Lawyer Can Help
In Alabama, LGBTQ+ students in public schools face hurdles when trying to stop bullying, harassment, and discrimination. While federal laws and some local school district policies offer some protections, navigating these can be complicated.
If your child is facing bullying or discrimination, consider seeking help from the experienced attorneys on The Lento Law Firm Student Defense Team.
We can:
- Understand your child's situation in Alabama's legal landscape.
- Analyze your child's school's policies to see what protections exist.
- Advise you on your child's rights and how to enforce them.
- Work with school officials to ensure they understand their legal obligations.
- If necessary, take legal action to protect your child's rights.
Seeking Support
If you, or someone you know, is an LGBTQ+ student facing challenges at school, or if you are the parent of an LGBTQ+ child, please know that you are not alone. There are legal resources available to help. Don't hesitate to reach out to the Lento Law Firm Student Defense Team. Call us at 888.535.3686 or contact us online today.
