Laws and Protections

On Privacy

  • Your school does not have the right to “out” you to anyone without your consent.  Even if you are “out” to people at school, schools are not allowed to discuss your gender or sexual identity.
  • Outing people has potentially dangerous consequences. In 1997, police officers told a young man that they were going to tell his family he was gay.  The young man committed suicide for fear of rejection.  His mother sued and federal court appeals have ruled that the police officers violated his Constitutional right to privacy.  This court case appiles to schools too.
  • California Governor Jerry Brown signed into state law “Yes means Yes” law which defines consent as  "an affirmative, unambiguous and conscious decision" by each party to engage in sexual activity.”
  • The yes means yes law also states consent cannot be given if a person is asleep or capicated with drugs or alcohol. This law requires colleges that receive state funding to have policies covering more than a dozen situations that can arise in sexual assault or domestic violence cases, from protecting privacy to training campus officials and providing counseling for victims.

On Harassment

  • Under U.S. Constitution, public schools have to address any harassment against LGBTQ students the same way as they would treat any other harassment case.
  • Title IX is a federal educational law that prohibits public schools from ignoring harassment based on gender stereotyping. In simple words, this means school officials can’t ignore a bullying case because a boy wears makeup or a girl dresses in men’s clothes.

 

To find about more about laws regarding Sex and Sexuality, please visit Sex, etc.'s Sex in the States interactive map!