Discrimination Against LGBTQ+ Students

Students in our nation's schools across the country share many similarities. They have dreams, goals, and interests. They want to learn, make friends, and feel safe at school. However, they sometimes face unique challenges because of who they are.

LGBTQ+ students are no exception.

In this article, we explore some of the discrimination students face at school because of their sexual orientation or gender identity. We also discuss different ways to overcome it and find support.

But first, let’s clarify a few terms.

What Does LGBTQ+ Mean?

LGBTQ+ is an acronym that stands for Lesbian, Gay, Bisexual, Transgender, and Queer/Questioning. A brief breakdown of each term follows:

• Lesbian: Means a woman who’s romantically and/or sexually attracted to other women
• Gay: Refers to a man who's sexually and/or romantically attracted to other men or a general term for same-sex attraction
• Bisexual: Describes someone attracted to both men and women or to more than one gender
• Transgender: Refers to someone with a gender identity that's different from the sex they were assigned at birth
• Queer: Signifies an umbrella term for sexual/gender minorities who aren't heterosexual or cisgender or for those who reject specific labels for gender/sexual orientation
• Questioning: Indicates one who’s exploring or unsure about their sexual orientation or gender identity

The "+" represents other sexual orientations and gender identities. But we sometimes see references to LGBT students or LGBTQ rights as well.

Gender identity refers to a person's deeply felt, internal, and individual experience of gender. It's how someone perceives themselves and what they call themselves in terms of their gender. 

For example, transgender people identify with a gender that’s different from their sex at birth.

Other common gender identities include:

• Cisgender: Gender identity matches the sex assigned at birth
• Gender non-conforming: Gender expression or identity doesn’t conform to traditional societal expectations
• Non-binary: A gender identity that’s not exclusively male or female (a type of gender non-conformity)

There are several more, but being LGBTQ+ can mean one or more of these orientations or identities. It also describes recognizing and embracing diverse sexual orientations and gender identities/expressions beyond traditional heterosexual and cisgender norms.

Discrimination Against LGBTQ+ Students

Understanding and respecting diverse orientations and identities is an important part of creating an inclusive society. This starts in the educational setting.

Still, young people who identify as LGBTQ+ often experience discrimination and anti-LGBTQ+ victimization at school.

It can take many forms:

• Bullying: Teasing, insulting, or physically harming LGBTQ+ students because of their orientation or identity
• Exclusion: Leaving LGBTQ+ students out of activities, groups, or events because of their orientation or identity
• Misgendering: Intentionally using the wrong pronouns or names for transgender students
• Dress code issues: Schools or school officials requiring LGBTQ+ students to dress in ways that don’t match their gender identity
• Bathroom and locker rooms: Not allowing transgender students to use facilities that match their gender identity
• Athletics: Not allowing transgender students to play on sports teams that match their gender identity
• Unfair discipline: Punishing LGBTQ+ students more harshly than other students for similar actions
• Outing: Revealing a student's LGBTQ+ identity without their permission
• Conversion therapy: Schools/counselors encouraging an LGBTQ+ student to modify their sexual orientation or gender identity
• Verbal harassment: Targeting LGBTQ+ students with things like slurs, threats, or insults about their sexual orientation or gender identity

The discrimination can be by almost anyone including school administrators, school officials, school staff, and other students.

Impact on LGBTQ+ Students

Discrimination in any form can hurt LGBTQ+ students' grades, well-being, and overall school experience.

According to the Centers for Disease Control and Prevention (CDC), LGBTQ+ youth are more likely to face bullying, violence, and mental health issues. This includes higher rates of suicidal behaviors and thoughts.

To counter these problems, the CDC recommends:

• Inclusive school policies
• Professional development for staff
• Support groups like Gender-Sexuality Alliances (GSAs)

Indeed, school policy, state law, and federal law can help create a safe and welcoming environment for all students.

School Policies

Many school districts and colleges have adopted policies that prohibit LGBTQ+ discrimination. As a general rule, schools have a legal obligation to adhere to their own policies.

Grievance procedures should be available for students to report discrimination and other policy violations. If an LGBTQ+ student files a complaint alleging a policy violation, the school should investigate and address the issue.

Laws Affecting LGBTQ+ Students

There are also several laws in the United States that help protect LGBTQ+ students from discrimination. They can include:

Title IX of the Education Amendments of 1972

Title IX is a federal civil rights law that applies to most public and private schools in this country. It prohibits discrimination based on sex in schools.

Whether Title IX’s ban on sex discrimination includes LGBTQ+ discrimination has varied with presidential administrations.

Most recently, a federal district court judge ruled in 2025 that the U.S. Department of Education’s regulations extending Title IX protections to LGBTQ+ discrimination were invalid.

Equal Access Act

This federal civil rights law says that if a public high school allows any extracurricular student groups, it must allow all types of student groups.

In other words, these schools can’t deny high school student groups equal access because of their political, philosophical, or other viewpoints. This protects LGBTQ+ student clubs like GSAs at these schools.

First Amendment

While we usually think of the First Amendment to the Constitution as protecting speech or religion, it also protects expression. And as the Supreme Court famously clarified in 1969, students don’t forfeit these rights at the schoolhouse doors or on campus.

In this context, the First Amendment protects public school students' right to express their LGBTQ+ identity through clothing or speech. However, schools can restrict speech or expression that disrupts school operations.

Fourteenth Amendment

This amendment protects fundamental rights and requires equal treatment of people under the law. Courts have used it to rule against discrimination against LGBTQ+ students at public schools.

State and Local Laws

Many states and municipalities have their own laws or policies that specifically protect LGBTQ+ students from discrimination in schools.

For example, the District of Columbia Human Rights Act bans discrimination based on sexual orientation and gender identity in all schools. The New York State Human Rights Law has a similar ban on LGBTQ+ discrimination in the state’s public and non-religious private schools.

However, other states have passed laws that push back on LGBTQ+ rights.

For instance, Florida’s Fairness in Women's Sports Act prohibits transgender girls/women from participating on female sports teams at public schools and colleges.

And Texas House Bill 25 requires K-12 public school student-athletes, including transgender youth, to participate on sports teams corresponding with their sex assigned at birth.

Even the laws that can protect members of the LGBTQ+ community aren’t perfectly enforced. Students may not know their rights, and schools may not follow the laws correctly.

That's why it's critical for students, parents, and allies to know these laws and speak up for their rights.

School Consequences for LGBTQ+ Discrimination

If discrimination against LGBTQ+ students occurs in the educational setting, several things can happen.

Loss of Funding

Schools that violate state or federal anti-discrimination laws risk losing their funding. Government agencies can enforce compliance with state and federal laws by withholding funds until the school corrects the problem.

Reputational Damage

Schools that fail to protect LGBTQ+ students may also suffer reputational damage. This can impact student enrollment, community support, and overall trust in the institution.

Impact on Students

Violations of anti-discrimination policies or laws can have severe emotional and psychological impacts on all students. This may include:

• Increased absenteeism
• Lower academic performance
• Mental health issues

With much to lose, schools generally seek to create a safe and supportive student environment that’s free from discrimination.

Still, it can occur.

Legal Action

Discrimination of LGBTQ+ students in violation of school policy or applicable law may also be actionable in court. In addition to grievance procedures, students and their families can pursue legal action against the school.

This could involve taking the matter to court or filing a complaint with the state and/or federal departments of education.

Schools found in violation of anti-discrimination laws or policies can face legal penalties and be required to take corrective action to fix the problems.

What Can You Do?

If you’re an LGBTQ+ student experiencing discrimination at school, there are several things you can do.

GSAs

Find out if your school has LGBTQ+ support groups or GSAs (also known as gay-straight alliances). Many schools have LGBTQ+ student organizations that can provide community and advocacy.

This type of environment might provide you with some much-needed support at a difficult time. You may also find that other students at your school have experienced similar issues.

Resources

Check out the Gay, Lesbian, and Straight Education Network (GLSEN). It’s a national organization that aims to create safe school environments for LGBTQ+ students. The Student Resources page has information about various initiatives.

The American Civil Liberties Union (ACLU) also provides resources to help LGBTQ+ students. Its LGBTQ Project promotes safe school climates. It can help LGBTQ+ students express themselves, start GSAs, and have their orientation/identity respected.

The Full Picture

To end the discrimination you’re experiencing, you must ultimately understand your rights and the school’s obligations to you.

These will depend heavily on:

• School policy
• State/local law
• Current Title IX interpretation

The legal landscape surrounding LGBTQ+ matters is complex and dynamic. Accordingly, it can be tricky to navigate, and it’s often a good idea to seek help.

Legal Assistance

You may want to speak with a qualified civil rights attorney to best understand your options. Confidentially sharing the specifics of your experience allows them to identify relevant laws and apply them to your situation. They’ll typically offer you a few different ways to proceed.

This should eliminate the confusion so you can make informed choices about the best course of action for you.

Select a civil rights lawyer experienced with discrimination in education and licensed in your school’s state.

This may sound like a needle in a haystack, but it doesn’t have to be.

Findlaw’s directory of civil rights attorneys can help get you on your way. Just click on the state where your school is located. This will take you straight to contact information for local attorneys who can assist. You can also narrow your search to attorneys in your city.

A compassionate advocate can be your most important ally on this journey. It's important to find someone you're comfortable with, who is ready to help you fight for your rights.