Lez Elegance Summer 2013 1 | Page 28

TEEN NEWS

Teens Have Rights

Harassment and discrimination faced by gay teens goes beyond any constitutionally accepted actions.
Many schools are the common setting for the harassment and discrimination of LGBT students. Often time school officials are unaware of the legal requirement they have to protect their LGBT students. While it should be the role of the officials to conduct proper research within their state and determining their responsibilities, they do not always do so, leaving the responsibility to rest upon the shoulders of the teens themselves. No matter what state public schools are legally required to remedy any abuse taking place against LGBT students. As a LGBT teen, one is required to report the harassment they receive to the principal or a counselor. If they do not follow through in the protection of their students by: recording when the harassment took place, who was involved, as well as to whom it was reported. This can be used to hold the school legally responsible for any consequences of the abuse. Local ACLU affiliates are available in each state to aid students who have reported such harassment and received no help to fight for their rights.
Public schools also lack the legal right to“ out” LBGT students to anyone without their permission. Federal law prohibits the threatening of disclosure of private information whether by individuals, police officers, or even schools meaning this is in direct violation of a teenager’ s constitutionally granted right to privacy. Again, if any person, school official, counselor, etc … tells other people that a teen is gay / transgendered against his or her voiced wishes, they are in direct violation of federal law and can be sued with help from the ACLU’ s Lesbian, Gay, Bisexual, and Transgender Project.
On the other hand, there are teens that are open about their sexual orientation, which schools and / or parents try to silence. Constitutionally, every teen has the right to come“ out” if they choose. According to Tinker v. Des Moines the U. S. Supreme Court deemed that gay / transgendered teens cannot be stopped from discussing their sexual orientation at school, unless it disrupts class such as yelling during the middle of a test,“ I’ m gay”. If a dress code is in place at the school, LGBT teens cannot be legally asked to take off t-shirts or other clothing because it supports gay / trans pride or any symbols for gay / trans pride. The Federal Equal Access Act requires that schools permit Gay-Straight Alliances( GSA’ s) and treat it as any other non-curricular club. These groups include students of any sexual orientation and can serve as support groups, educational organization, or political organizations. But overall, they should be dedicated to building a safer space for LGBT teens in school. LGBT students can legally bring a same-sex date to prom as supported federally as free expression, under the First Amendment. Public schools in any state cannot prohibit a same-sex date according to Aaron Fricke v. Richard B. Lynch.
By Freckelz Marie
26 LEZ ELEGANCE