Unfortunately, LGBTQ+ students are often on the receiving end of bullying, harassment, and discrimination. Promptly dealing with issues that come in for LGTBQ+ students is crucial to their health, safety, and well-being. For many students and parents, it might seem easier to let it blow over or not take action for fear of making the issue worse. However, LGTBQ+ students have higher rates of anxiety, depression, and suicide attempts than their non-LGBTQ+ peers. Failing to address the problems at school immediately can have devastating consequences for LGBTQ+ students and their families. The Lento Law Firm Education Law Team is experienced in addressing LGBTQ+ issues at educational institutions. Let us help you today by calling 888-535-3686 or contacting us online.
Know Your Rights as an LGBTQ+ Student in Maine
When you are being bullied, harassed, or discriminated against based on your sexual or gender identity, it can feel like the entire world is against you, but it isn't. Federal and Maine state laws are on the books to protect LGBTQ+ students throughout all levels of the education system.
Maine's anti-discrimination law applies to all LGBTQ+ students from K-12 through university and higher education. Both public and private schools must comply with the state's anti-discrimination law. The law, which will also be discussed in sections below, prohibits discrimination based on sexual orientation for the following:
- To prevent a person from participating in, receiving benefits from, or subjecting a person to discrimination in any academic, extracurricular, research, occupational training, or other program or activity
- To deny a person access to equal opportunity in athletics
- To deny admission to a program or academic institution
- To deny financial aid
While nearly every public and private institution must comply with the law, a few exceptions exist. Educational programs and facilities "owned, controlled, or operated by a bona fide religious corporation, association, or society" are not required to follow the state's anti-discrimination law.
Protections on the federal level include:
- Title X, the civil rights law that prohibits sex discrimination in education
- The Equal Protection Clause of the U.S. Constitution which prevents states from denying citizens equal protection under the law
- The First Amendment of the U.S. Constitution gives all Americans the right to free speech and expression
Common Issues for LGBTQ+ Students
School presents challenges for all students of all ages, genders, and races, but LGBTQ+ students have different issues. Unfortunately, not every school is trained in or correctly implementing protections to ensure its LBGTQ+ students are being treated the same as all other students. Common issues the Lento Law Firm Education Law Team sees when helping its Maine LGBTQ+ student clients are:
Freedom of Expression
Particularly in K-12 education, there can be a lot of drama around what students are wearing – even for cis gender-conforming kids. Each school has its own dress code that all students must follow, but if you are an LGBTQ+ student being held to a different standard, there is a big problem. LGTBQ+ students are entitled to wear any LBGTQ+-related attire and dress according to their gender identity.
Transgender and Gender Nonconforming Students
Transgender and gender-nonconforming students often face significant backlash solely for their existence. No person deserves to be treated differently or less than a human because of their gender identity. Fortunately, lawmakers in Maine have worked to protect transgender and gender-nonconforming students in the state. Maine's anti-discrimination law protects students from discrimination in schools based on their sexual orientation and specifically includes gender identity and expression.
Misgendering or Deadnaming
Many people act as though misgendering and deadnaming are not a big deal. Teachers and other school officials may claim that deadnaming or misgendering you was a mistake or that they must call you by your legal name. It isn't a mistake, and there is no requirement that you be called by your legal name. Do not let anyone at the school gaslight you; call the Lento Law Firm immediately, and we will help you fight this cruel form of harassment.
Bullying and Harassment
LGBTQ+ students disproportionately face bullying and harassment compared to their cisgender peers. The U.S. Department of Education's Office of Civil Rights reported that the COVID-19 pandemic only exacerbated this issue. During the pandemic, LGBTQ+ students were cut off from support from friends, resources, and support at school, and mental health resources.
In 2021, The Trevor Project released the results of a survey on LBGTQ+ youth mental health. The survey revealed that 78 percent of transgender and gender nonconforming youth believed their mental health to be "poor" during the pandemic. Unfortunately, even with the return to school in-person, LGBTQ+ youth are still struggling to feel safe from bullying and harassment at their institutions.
Privacy Issues
All LGBTQ+ students, regardless of their educational setting, have a right to privacy regarding their sexual or gender identity. School authorities cannot disclose a student's sexuality or gender identity to anyone without explicit permission from the student—including the student's parents. Students have the right to share, or not share, their LGBTQ+ status as they see fit.
Gay-Straight Alliance or Gender-Sexuality Alliances
At all educational levels, Maine schools must allow for the formation of gay-straight alliances, gender-sexuality alliances, and other LGBTQ+-related organizations on campus. LGBTQ+ students and their allies have a right to these spaces as much as any other type of extracurricular. If your school is trying to prevent you from forming an LGTBQ+ organization, they are in the wrong, and the Lento Law Firm can help you remind them of your rights.
School Dances and Events
Whether your Maine school likes it or not, as an LGBTQ+ student, you can bring a same-sex or gender-nonconforming date to school events and dances. And like all other students, you can wear whatever you want, so long as it is consistent with the dress code that all other students must follow.
What to Do If You Are in a Hostile Educational Environment
If you are struggling with discrimination, harassment, or any other school issue related to being a member of the LGBTQ+ community, you can fight back. You deserve, and have a legal right to, an educational environment where you feel safe and can focus on your education. The first step is to document everything, including every event and instance of discrimination and details on the dates, times, and outcomes of meetings you have had with your educational institution about the problem. Next, call the Lento Law Firm. Armed with the notes you have provided. Our Education Law Team will formulate a strategy to immediately and effectively resolve the issue.
Areas We Serve in Maine
The Lento Law Firm Education Law Team has successfully represented students across the educational spectrum. Our students have been as young as elementary school through graduate programs. While each age group and stage of education life may have slightly different problems, if they are based on your LGBTQ+ status in an educational institution, we have the experience necessary to help you.
Our K-12 LGBTQ+ clients have been enrolled in private and public schools throughout the state, including Portland Public Schools, Lewiston Public Schools, Bangor Public Schools, Regional School Unit No. 06, Thornton Academy, and Fryeburg Academy. Lento Law Firm adult LGBTQ+ student clients have attended a variety of high-quality institutions, including the University of Maine, Bates College, and the University of Southern Maine.
Retain the Lento Law Firm Education Law Team
Do not let your educational experience be impacted by your school or fellow students' inappropriate and potentially illegal discrimination against you as an LGBTQ+ student. When you retain the Lento Law Firm Education Law Team, we fight tooth and nail to protect your rights and ensure your school gets back in line. Call us today at 888-535-3686 or contact us online.
