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Park Cities. More Images. Bars and Clubs Gay Bars and Clubs. Human Rights Watch contacted potential interviewees through nongovernmental organizations, LGBT organizations in high schools and middle schools, and LGBT organizations in post-secondary institutions where recent graduates reflected on their high school experiences. The research focused on public schools, including public charter schools, rather than private schools that enjoy greater autonomy to act in accordance with their particular beliefs under US law. All interviews were conducted in English.
No compensation was paid to interviewees.
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Whenever possible, interviews were conducted one-on-one in a private setting. Researchers also spoke with interviewees in pairs, trios, or small groups when students asked to meet together or when time and space constraints required meeting with members of student organizations simultaneously. Researchers obtained oral informed consent from interviewees, and notified interviewees why Human Rights Watch was conducting the research and how it would use their accounts, that they did not need to answer any questions they preferred not to answer, and that they could stop the interview at any time.
When students were interviewed in groups, those who were present but did not actively participate and volunteer information were not recorded or counted in our final pool of interviewees.
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In this report, pseudonyms are used for interviewees who are students, teachers, or administrators in schools to protect their privacy and mitigate the risk of adverse consequences for participating in the research. Unless requested by interviewees, pseudonyms are not used for individuals who work in a public capacity on the issues discussed in this report.
Demisexual : Feels attraction only to those with whom they have a strong emotional bond. Gender Identity :Deeply felt sense of being female or male, neither, both, or something other than female and male. Does not necessarily correspond to sex assigned at birth. Gender Non-Conforming : Does not conform to stereotypical appearances, behaviors, or traits associated with sex assigned at birth. Genderqueer : Identifies as neither male nor female, both male and female, or a combination of male and female, and not within the gender binary.
Lesbian : Female is primarily sexually or romantically attracted to other females. Pansexual : Sexual or romantic attraction is not restricted by sex assigned at birth, gender, or gender identity. Sexual Orientation : Sense of attraction to, or sexual desire for, individuals of the same sex, another sex, both, or neither.
Transgender : Sex assigned at birth does not conform to identified or lived gender. In contrast to these positive trends, many LGBT youth still remain vulnerable to stigmatization and abuse.
In a survey of more than 10, youth conducted in , a lack of family acceptance was the primary concern that LGBT youth identified as the most important problem in their lives. When LGBT youth experience family or community rejection, schools can ideally function as safe and affirming environments for them to learn, interact with peers, and feel a sense of belonging. Nearly 40 years later, many teachers who are visibly out as LGBT or actively support LGBT students still worry that they will be passed over for promotions, demoted, or terminated as a result.
In the late s, lawmakers began amending sexuality education laws and inserting provisions that many educators read as prohibiting or restricting discussions of homosexuality in schools. Such laws have been decried as discriminatory and nonsensical, yet they remain on the books in eight US states. When students themselves began organizing in the s, many school administrators across the US unsuccessfully fought to restrict the formation and operation of gay-straight alliances GSAs in schools, arguing that the clubs were inappropriate for youth.
Although courts have clearly and repeatedly affirmed that schools must allow such groups to form, dogged resistance to GSAs continues in many school systems. In some instances, pervasive anxieties about indoctrination and recruitment in schools have prompted state and local efforts—some of them successful—to limit what teachers may say about LGBT topics in the classroom. Although the Briggs Initiative was defeated, laws prohibiting the promotion of homosexuality or restricting discussions of homosexuality in schools were enacted by state legislatures in the late s and s.
The provisions in Alabama, Mississippi, and Texas refer to homosexuality as a criminal offense under state law, ignoring that the Supreme Court deemed those criminal laws unconstitutional in They appear alongside more general restrictions on sexuality education, including provisions requiring or encouraging abstinence education. Although each of these restrictions specifically appears in portions of state law addressing instruction in sexuality education, their chilling effects often extend much further.
As interviews with administrators, teachers, and students demonstrate, the practical effect of these outdated laws has been to discourage discussion of LGBT issues throughout the school environment, from curricular instruction to counseling to library resources to GSA programming. Many teachers avoided or silenced any discussion of LGBT issues in schools. At other times, teachers refused to teach the antiquated, discriminatory messages that some no promo homo laws require them to convey when homosexuality is discussed, and so declined to address LGBT topics at all.
Without clear instruction on what the laws permit, many teachers reported that they or their colleagues erred on the side of caution, excluding information that parents or administrators might construe as falling within their scope.
In , the Gay, Lesbian and Straight Education Network GLSEN found that discrimination and victimization of youth based on their sexual orientation or gender identity correlated with lower levels of self-esteem, higher levels of depression, and increased absenteeism from school. A lack of support contributed to the prevalence of negative mental health outcomes; in one study, lesbian, gay, and bisexual students in environments with fewer supports like gay-straight alliances, inclusive anti-bullying policies, and inclusive non-discrimination policies were 20 percent more likely to attempt suicide than those in more supportive environments.
For LGBT youth, isolation and exclusion can be as detrimental as bullying and can aggregate over time to create an unmistakably hostile environment. The discrimination and victimization that LGBT youth face in schools is often exacerbated when they have intersectional identities based on race, ethnicity, sex, disability, and other characteristics. LGBT youth of color, for example, often report bullying based on race and ethnicity, closer surveillance by school personnel, and harsher disciplinary measures. When students experience stigmatization, hostility, and rejection over years of schooling, the cumulative effect can be devastating and long-lasting.
Fifteen years later, bullying, harassment, and exclusion remain serious problems for LGBT youth across the US, even as their peers generally become more supportive as a group.
The Human Rights Campaign has found that although 75 percent of LGBT youth say most of their peers do not have a problem with their LGBT identity, LGBT youth are still more than twice as likely as non-LGBT youth to be physically attacked at school, twice as likely to be verbally harassed at school, and twice as likely to be excluded by their peers. In , the Youth Risk Behavior Survey found that The impacts of bullying on youth can be severe, and legislatures across the US have recognized that bullying is a serious and widespread problem that merits intervention.
In , Georgia passed the first school bullying law in the US.
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Although provisions of these laws vary by state, they typically define prohibited conduct; enumerate characteristics that are frequently targeted for bullying; direct local schools to develop policies for reporting, documenting, investigating, and responding to bullying; and provide for staff training, data collection and monitoring, and periodic review. At time of writing, 19 states and the District of Columbia had enacted laws prohibiting bullying on the basis of sexual orientation and gender identity statewide.
Still, 31 states—including the five studied for this report— lack any specific, enumerated laws protecting against bullying on the basis of sexual orientation or gender identity. In Alabama, Pennsylvania, Texas, and Utah, some school districts and schools had taken the initiative to enact inclusive, enumerated bullying policies; in South Dakota, however, state law expressly prohibits school districts and schools from enumerating protected classes of students.
Schools that have enacted protections do not always clearly convey them to students, faculty, and staff. In interviews, many students and teachers expressed uncertainty or offered contradictory information as to whether their school prohibited bullying on the basis of sexual orientation and gender identity, even in schools where enumerated protections were already in place. Many students reported that school personnel did not raise the issue of bullying on the basis of sexual orientation or gender identity at assemblies and educational programming on bullying held at their school.
For policies to be effective, students, faculty, and staff also need to know how targets of bullying can report incidents, how those incidents will be handled, and the consequences for bullying. Few of the 41 school policies reviewed by Human Rights Watch for this report contain clear guidelines detailing the protocol for reporting and dealing with bullying, making it unclear to students whether or how any reported incidents might be dealt with in practice. Most students interviewed indicated that physical violence was rare in their school. Students attributed this in part to a decrease in anti-LGBT attitudes among peers, both as a generational shift and among their cohort as they aged through high school.
Some students also attributed this partly to zero tolerance policies and the perception that, though other forms of harassment may go unpunished, physical assault could result in serious consequences for perpetrators. Yet some students did face persistent physical violence at school and many said their schools took no effective steps to stop it. Sandra C. Some students who experienced physical violence hesitated to tell adults for fear that reporting would be ineffectual or make the situation worse.
Willow K. In one incident in Montgomery, Alabama in , a gay high school student was surrounded and assaulted by a group of male students who punched and kicked him repeatedly, breaking his arm and leg. As Paul Hard, a counselor in Alabama, recalled:. When administrators react indifferently to bullying and harassment, it can deter students from coming forward. Alexander S. He has continued to struggle with depression and suicidal thoughts, and has been repeatedly admitted to inpatient care for treatment.
Almost all of the students interviewed for the report reported encountering verbal harassment in their school environment, even in the most LGBT-friendly schools. Students stressed that even these generalized slurs contributed to a sense of hostility and danger in the school environment. In each of the five states where interviews were conducted, researchers encountered schools where slurs were ubiquitous. Katrina I. Students also encountered anti-LGBT graffiti and slurs written on the school building, tests and papers, and personal property, and noted that their schools failed to investigate or rectify the vandalism.
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Molly A. Lee W. Experiencing targeted verbal harassment had negative effects on student mental health. Zack T. Jayden N. Students noted that some of the verbal harassment they encountered occurred in spaces that were unmonitored by teachers, administrators, and other staff, such as hallways, cafeterias, buses, and locker rooms. Yet even in classrooms and in communal spaces where school personnel were present, many students said teachers did little to intervene to stop slurs and verbal harassment.