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.
As a Missouri LGBTQ+ student or parent of an LGBTQ+ student, you know that LGBTQ+ rights and protections are not a priority in Missouri. In the first week of Missouri's 2024 Legislative Session, there were nine anti-LGBTQ+ bills heard in a single day. These bills included one, which implemented would force students to use locker rooms and restrooms consistent with their sex assigned at birth regardless of their gender identity. School can be tumultuous for any student from kindergarten through graduate school, but LGBTQ+ students in Missouri often don't feel safe in their educational environment. Many Missouri students have reported anti-LGTBQ+ discrimination in their schools.
While it may seem like the world, or even your own state of Missouri, is against you, as an LBGTQ+ student in Missouri, you still have rights and people fighting for you. When you are facing anti-LGBTQ+ discrimination at your K-12 school or university, the Lento Law Firm Education Law Team will fight for you. You never have to fight your school and the discrimination against you alone. Our Education Law Team is on your side and will uphold your rights. Call the Lento Law Firm today at 888-535-3686 or contact us online.
Relevant Laws and Constitutional Protections
While living in Missouri as an LGBTQ+ student may feel like an uphill battle, fortunately, there are still federal and constitutional laws that can protect your rights as an LGBTQ+ person in America. The laws and constitutional protections include:
- Title IX is a federal civil rights law prohibiting sex discrimination in education.
- The Equal Protection Clause of the U.S. Constitution prevents individual states from denying any person equal protection under the law.
- The First Amendment of the U.S. Constitution gives all Americans the right to free speech and expression.
- The Equal Access Act is a federal law that requires federally funded public secondary schools to provide equal access to extracurricular clubs.
Unfortunately, Missouri doesn't have any nondiscrimination or anti-bullying laws or policies covering LGBTQ+ students. On the contrary, Missouri has a law that bans local schools and districts from passing LBGTQ+ nondiscrimination and anti-bullying policies.
Common Issues for Missouri LGBTQ+ Students and Their Rights
There is no shortage of issues students face at school. While we might like to think that common issues like bullying and harassment go away, they can be pervasive even for adult students. These issues are particularly upsetting and a matter of safety when they are related to your LGBTQ+ status. Many issues LGBTQ+ students face will significantly and negatively impact their mental health. According to the Trevor Project, which studies LBGTQ+ youth mental health, LGBTQ+ youth have higher rates of anxiety, depression, and considered and attempted suicide than other students.
As an LGBTQ+ student in Missouri, you need to know you are not alone. The Lento Law Firm is here to support you. Common issues our Education Law Team sees our Missouri LGBTQ+ student clients facing include:
Freedom of Speech and Expression
All Americans have the right to freedom of expression and speech under the First Amendment. All LGBTQ+ students in Missouri and throughout the country have the constitutional right to be themselves. You have the right to be transgender, to be binary, to be queer, to be anywhere on the LGBTQ+ spectrum, without having to hide who you are.
While Missouri may have a "Don't Say Gay" law preventing school personnel, including teachers, nurses, and counselors, from discussing gender identity or sexuality with students, your school cannot prevent you from talking about any LGBTQ+ topics. You can speak in any way that affirms your identity. Speech also covers what you wear, meaning that LGBTQ+-positive t-shirts or other clothing is protected as well. If your school permits wearing graphic tees and other clothing with images/messaging, they cannot prohibit LGBTQ+-positive attire – that would be discrimination and a violation of your rights.
Misgendered or Deadnamed
Intentionally misgendering a person or deadnaming them is not only cruel but a form of harassment. Deadnaming occurs when someone calls a transgender or nonbinary person by the name assigned at birth, not the name they identify with. For example, a transgender girl, Becca, is called Brian by others because Brian is the name on her birth certificate. Misgendered is the same, except with pronouns. Misgendering would be calling Becca “him” instead of “her” or using gendered language when someone uses “they/them” pronouns. Many schools have anti-harassment policies and are obligated to address matters of harassment. Deadnaming and misgendering are a form of harassment.
Being misgendered or deadnamed may seem like a small thing to those outside of the LGBTQ+ community, but at the Lento Law Firm, we know that this practice can be psychologically damaging and shouldn't be brushed off. Your school may claim that they must call you the name on your birth certificate or the name used when you were registered for school, but that is rarely the case and is not the case in non-administrative settings. You may need to be identified on official school documents using that name, but in the classroom, you should never be dealing with deadnaming or misgendering.
Transgender and Gender Nonconforming Students Dress Code
A serious issue for transgender and nonbinary students is whether they are allowed to wear clothes that match their gender identity. If you are a transgender or non-binary student, you have the legal right to wear clothing consistent with your gender identity. Your school cannot dictate which gendered clothing is appropriate for you. Schools can set their own dress codes, but their dress code cannot specifically require that students dress in a manner consistent with the sex assigned at birth. If your school tells you otherwise, you need a Lento Law Firm Education Law attorney there to remind your school of your rights and the consequences they may face for not allowing you to dress according to your gender identity.
Bullying and Harassment
As mentioned earlier, there are no specific anti-bullying and harassment protections for LGBTQ+ students, but there are laws and school policies against bullying and harassment generally. Like all other students, you are protected by these laws and policies. Your school is obligated to take all bullying and harassment incidents seriously and protect student safety. If your mental or physical safety is threatened, your school must do something about it. If your school isn't taking action, the Lento Law Firm will.
Privacy Issues
You have a legal right to privacy regarding your LGBTQ+ status. Your school cannot "out" you to anyone without your explicit permission. No school official can share your LGBTQ+ status with other school officials, students, friends, or even your own parent or guardian without asking you first. If your school has threatened to or has followed through with outing you to anyone without first getting your consent, contact the Lento Law Firm Education Law Team immediately.
Gender Identity and Bathroom Rights
In 2024, there was no law yet on the books either protecting or prohibiting transgender or binary people from using a bathroom matching their gender identity. Sometimes, schools will say that it is "against the law" for a transgender or non-binary student to use the bathroom they feel comfortable using, but that isn't true. There is no law on the books in Missouri requiring bathroom and locker room use to be consistent with sex assigned at birth. If your school prevents you from using the bathroom or locker room consistent with your gender identity, the Lento Law Firm can help.
Gay Straight Alliance or Gender Sexuality Alliance
If your school allows students to form clubs or other extracurricular organizations, it must permit students to have an LGBTQ+ student organization. So long as other students are allowed to have their own organizations, LGBTQ+ students must also be allowed to have their own. If your school says otherwise, this is discrimination and violates federal laws. Your Lento Law Firm attorney will walk you through your legal options if your school prevents you from forming an LGBTQ+-related organization.
School Dances and Events
LGBTQ+ students may seek to bring a same-sex partner or date to a school dance or function. Fortunately, schools cannot prevent an LGBTQ+ student from bringing their chosen date. If your school states it has a policy against same-sex couples attending an event, they are mistaken. Not wanting you to bring a same-sex date is far from the same thing as it being legal. Under your First Amendment right to free expression, you can bring a same-sex or nonbinary date to any school function where a student may bring a plus one.
School dances and other events are an important part of youth, and your school should never be intimidating you or depriving you of the opportunity to attend with whichever special person you choose. Call the Lento Law Firm today if your school is acting outside the law. Our Education Law Team will ensure your rights and those of your dates are protected.
Hostile Education Environments and What to Do Next
When you are dealing with discrimination or bullying in your Missouri school because you are a member of the LGBTQ+ community, you do not need to tolerate it. Discrimination, bullying, and harassment are never acceptable, especially not in an educational setting. As a student, your school should be a safe place; you cannot focus 100% on your education when you do not feel safe.
If you are being bullied or are dealing with discrimination based on your LBGTQ+ status, document everything. Write down exactly what happened in as much detail as possible and notify school officials. Whether it's a teacher, student, or other school official who has acted inappropriately, you should always notify your school. When school officials are informed, they are put on notice. This means they know about the incident and must address the matter. Remember, just because there are no protections specific to LGBTQ+ students related to bullying, harassment, or discrimination, you have the same rights as all other students. Anti-bullying laws apply to you also, and your school must act if you are being bullied or harassed.
When any incident of bullying, discrimination, or harassment occurs, call your Lento Law Firm attorney. Our Education Law Team is here to ensure your school is protecting you and your rights. We will hold your school accountable if it fails to protect your rights and provide you with a safe learning environment.
Areas We Serve in Missouri
The Lento Law Firm Education Law Team has assisted countless LGBTQ+ students in Missouri. Our clients have been in all stages of their educational journey, from kids in K-12 schools to adults in graduate school. We have represented students in some of the largest Missouri school districts, including Kansas City Public Schools, St. Louis Public Schools, Liberty Public Schools, and Park Hill School District. Our adult student clients have come from colleges and universities all over Missouri, such as the University of Missouri, the University of Missouri-Kansas City, Missouri University of Science and Technology, and Missouri State University.
Retain the Lento Law Firm Education Law Team
Your education should never be negatively impacted because of your sexual orientation or gender identity. LGBTQ+ students, like all the students around them, deserve to feel safe, protected, and respected in their educational environment. If you are struggling with discrimination, harassment, or bullying because you are a member of the LGBTQ+ community and your school isn't taking action, the Lento Law Firm can help. We will fight tirelessly to protect your rights and ensure your school is doing right by you. Call us today at 888-535-3686 or contact us online.
