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The 14th Amendment
The 14th Amendment guarantees all citizens equal protection of the laws (U.S. Const. amend. XIV, § 1). This would include citizens of differing sexual orientations. Source of law: Constitutional -
Title IX
Title IX is a federal law that prohibits any federally funded education program or activity from discriminating on the basis of sex. There have been many interpretations of this law in regards to sexual orientation and gender identity since it was passed in 1972. (20 U.S.C. A§ 1681et. seq. (1972)). Source of law: Statutory -
Texas Sodomy Laws
According to the Texas Penal Code, sexual intercourse between two people of the same sex is a crime (Tex. Penal Code § 21.06 (1973)). Source of law: Statutory -
Equal Access Act
The Equal Access Act requires public schools to allow gay-straight alliance clubs alongside other extracurricular clubs (20 U.S.C. § 4071). Source of law: Statutory -
GLSEN & Equality Texas Founded
The Gay, Lesbian and Straight Education Network (GLSEN) is a national group that focuses on improving the educational system for LGBTQ students. They focus on policy change, education, and anti-bullying campaigns (GLSEN, 2019).
Equality Texas is a non-profit organization in Texas that works to educate others on LGBT issues. The foundation actively works to make schools safer, advocates for policy change, and promotes equality for the LGBT community (Equality Texas, 2017). -
No Promo Homo Laws
In the state of Texas, educational materials on sexual education for minors must specify that homosexual activity is an unacceptable lifestyle and a punishable crime (Texas Health and Safety Code § 85.007). Source of law: Statutory -
Legalization of Sexual Activity
In Lawrence vs. Texas, 2003, the U.S. Supreme Court ruled that the Texas law criminalizing sexual activity between same sex people was unconstitutional. Texas has yet to change the wording in the Texas Penal Code to comply with the court ruling. Source of law: Judicial -
Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act
The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act makes hate crimes against people on the basis of sexual orientation and gender identity punishable by law (18 U.S.C. § 249). Source of law: Statutory -
Dear Colleague Letter on Supporting Transgender Students
In 2016, a Dear Colleague Letter was issued to help provide guidance to schools in dealing with transgender students. The letter included information that helped schools deal with student transitions, use of locker rooms and restrooms, and guidance for policies that prevent bullying and harassment. (Dear Colleague Letter, 2016). Statements from the letter were subsequently withdrawn in a 2017 Dear Colleague Letter (Dear Colleague Letter, 2017). Source of law: Administrative -
Current State of Law
Currently no federal statute exists that bans discrimination based on sexual orientation nationwide, and interpretation of existing law is changing with each administration. In Texas, current laws surrounding sexual orientation and gender identity create conflicting legal and ethical situations for educators because they do not align with Supreme Court rulings. School districts are developing their own policies to address this topic, so educators must refer to local policies for guidance. -
References
18 U.S.C. § 249
20 U.S.C. A§ 1681 et seq. (1972)
20 U.S.C. § 4071
Battle, S. (2017, February 22). Dear Colleague Letter. Washington, DC: U.S. Department of Education, Office for Civil Rights. Retrieved from https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201702-title-ix.pdf
Equality Texas. (2019). Equality Texas. Retrieved from https://www.equalitytexas.org/
GLSEN. (2019). Championing LGBTQ issues in K-12 education since 1990. Retrieved from https://www.glsen.org/ -
References Continued
Lahmon, C. (2016, May 13). Dear Colleague Letter. Washington, DC: U.S. Department of Education, Office for Civil Rights. Retrieved from https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf
Lawrence vs. Texas, 539 U.S. 558 (2003)
Texas Health and Safety Code § 85.007
Texas Penal Code § 21.06
U.S. Const. amend. XIV, § 1 (1868)