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32 Child. Legal Rts. J. 18 (2012)
LGBT Issues in Public Schools: A Legal Perspective

handle is hein.journals/clrj32 and id is 24 raw text is: 18 LGBT Issues in Public Schools: A Legal Perspective Kathleen Hirsmnan* At a Mississippi high school, the senior portrait of Ceara Sturgis. a gay female studentw was rejected for inclusion in her school's yearbook because she wore a tuxedo in the photograph.) The student and her mother asked the Mississippi chapter of the America Civil Liberties Union to protest the school officials' decision not to allow Sturgis' photo to appear in the senior yearbook because she chose to wear a tuxedo instead of a drape. The ACLU wrote a letter demanding officials use Sturgis' submitted photo in the yearbook, but Copiah County School District officials refused.' At Alliance School in Milwaukee, Jayde LaPorte, a transgender ninth-grader who was born as a boy named Luis. walks Alliance's halls in three-inch heels, with long, salon-perfect hair (it's a wig) and silver earrings so huge, they almost touch her shoulders.4 It's hard for her to get anywhere quickly because she pauses every few steps to give someone a hug.' Ceara's story takes place at a conventional high school in Mississippi in 2009. Jayde's story occurs at a separate public school campus for lesbian, gay, bisexual, transgender students in Wisconsin in 2011. Neither Ceara nor Jayde are going back into the closet. How do public schools deal with the likes of Ceara and Jayde, and scores of other Lesbian-Gay-Bisexual-Transgender (LGBT) youth? Progress in the area ofLGBT rights and considerations, particularly within the sphere of education, has been made over the last few decades; however, with the emergence of digital technology and ubiquity of cyber- communication, the challenges and solutions for LGBT students have become more complex. The laws are essentially playing a catch-up game, leaving local school districts with broad discretion in dealing with LGBT issues in their school communities. As thisArticle will illustrate, practices vary from state to state, with the local school authorities approaches in dealing with these issues largely mirroring the mores of the communities that they serve. Not surprisingly, California tends to address emerging issues in a progressive fashion, accepting that LGBT youth are an integral part of the school community. Southern states, historically more socially conservative, are more reluctant to embrace and accept the nonconventional, divergent interests and identities of LGBT youth. This Article wil I provide an overview of LGBT issues in elementary and public schools with a perspective on issues and trends as we move into the second decade of the 21st century. Specifically, this article will address the formation of Gay-Straight Alliance (GSA) organizations within public schools. the establishment of separate programs and school campuses for LGBT students, and the tension between First Amendment rights of LGBT youth and of other students opposed to LGBT lifestyles. Legislative and governmental involvement in educating about and regulating inappropriate conduct, including schools' obligations and authority regarding discipline for such conduct will be examined. Finally, this Article will analyze potential school liability for disruptions, trampled rights, and injuries resulting from the emergence of LGBT issues in the public school setting. . The Emergence of LGBT Rights in Public Schools: A Historical Perspective LGBT awareness is not new. Going back to the 1970s, students have engaged in actions on campus to show support for LGBT students. In 1974, students at Rutgers University began a tradition called Gay Jeans Day, during which heterosexuals could show their solidarity with gays by wearing jeans to class.' On the National Day of Silence, which began thirteen years ago at the University of Virginia and is now sponsored by the Gay, Lesbian, and Straight Education Network (GLSEN), hundreds of thousands of students nationwide take a vow of silence to bring attention to anti-LGBT name- calling, bullying, and harassment in their schools.' Nearly twenty-five years ago, on October 11, 1987, halfa million people participated in the March on Washington for Lesbian and Gay Rights. Thus began the National Coming Out Day, an internationally observed civil awareness day celebrating individuals who publicly identify as bisexual, gay. lesbian, and/or transgender. Coming out regarding one's sexual orientation and/or gender identity is akin to a cultural rite of passage for LGBT people, and the holiday is observed annually by members of the gay community on October 11. Children's Legal Rights Journal

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