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The Rainbow Clause:
Giving us the right to choose who; where; when; why; and how.
Out, Proud and Underage
Protecting the rights of gay and lesbian teenagers
High school kids don't have a lot of rights.
They don't have the right to drink, or the right to vote. Many don't have
the right to drive. But they do have the right to an education - one that
is free of harassment, violence and degradation. They have a right to feel
safe in their own schools. For lesbian; gay; bisexual; and transgender teenagers,
this right is often hard to come by.
The American Civil Liberties Union reports that
nearly 70% of LGBT (lesbian; gay; bisexual; and transgender)
students say they
have been harassed, threatened, or physically assaulted on school grounds.
Students report hearing their teachers make inappropriate comments about
sexuality, and that school staff and faculty are reluctant to "get in the
middle" of confrontations over sexual orientation. So what can be done to
educate school officials about the needs of LGBT students? What can be done
to make our kids safer and happier?
Establish a Safe Schools Policy
Students and their parents should feel comfortable
encouraging school officials to adopt a Safe Schools Policy. This is a written
policy that explicitly forbids the harassment of students, staff, and faculty
on the basis of sexual orientation. Most schools already have anti-harassment
policies on record, but these rarely include sexual orientation in their
wording. It is important that written policies protecting LGBT people exist
so that effective action can be taken against harassment when it occurs.
To make staff and faculty aware of the issues
facing LGBT students, and to help them understand how to protect them, schools
may wish to institute training sessions on the subject. There are a number
of training programs available to schools, including the ACLU's "Making Schools
Safe" Program and the Gay, Lesbian and Straight Education Network's (GLSEN)
"Teach Respect" campaign, to be launched in April 2005. GLSEN is also responsible
for the Day of Silence, a day during which silence is observed in high schools
in acknowledgement of the bias LGBT students face daily. In addition to a
comprehensive training program, choosing to participate in the Day of Silence
opens a door for conversation and policy change in high schools.
Schools can also encourage an atmosphere of
inclusiveness by giving students the freedom to form Gay-Straight Alliances,
or by allowing same-sex couples to attend school functions such as the prom
together. "Safe Place" signs might also be put up on the doors to classrooms
and faculty offices to show students that they are now coming into a place
where they can be themselves without fear of rejection.
The Law is on Your Side
What students sometimes fail to realize when
battling school officials is that the law is on their side. It is in your
or your child's school's best interest to protect LGBT students. In recent
years, a number of high-profile and expensive law suits have been filed against
various schools and have been successful in mandating anti-harassment policies.
Additionally, in April 2003 a federal appeals court ruled that teachers and
administrators are required to take steps to eliminate harassment of LGBT
students when they are made aware of it. A clear message is being sent here:
discrimination on the basis of sexual orientation will not be tolerated in
our schools.
If you, your friend, your child, or anyone you
know is experiencing harassment in school due to his or her sexual orientation,
there are steps that you can take. Talk to your teachers, your school counselor,
or your principal. And remember, you have rights. If you experience resistance,
or are told by school administrators that harassment is not an issue in your
school, there are services available to you that will offer support. To learn
more about Safe School Policies and training in high schools, visit
www.aclu.org or
www.TeachRespect.com.
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