The law doesn′t distinguish between gay, lesbian, bisexual, and heterosexual (straight) teenagers. The rights and protections provided are equally applicable to all groups, whether at home, school, or work. A violation of your rights due to sexual orientation is discrimination. While not all state anti-discrimination laws specifically prohibit discrimination based on sexual orientation, due process, equal protection, and the First Amendment may be argued in your favor.
Regarding your education, your rights begin with the basic right to attend public school.You may not be excluded from enrolling or attending school because you′re gay, lesbian, or bisexual.You have the right, as all students do, to be treated fairly. Your constitutional freedoms of expression and association are fully protected while at school.
If you′re a straight teenager, here are a few things you should keep in mind about homosexuality:
- Don′t assume that someone is gay or lesbian because he or she “looks” gay or lesbian. Ask yourself: “What does that mean, anyway? Where do I get my ideas about how homosexuals look?” And don′t assume that someone isn′t gay, lesbian, or bisexual because he or she doesn′t “look” it.
- Just because you have warm feelings about a same-sex friend doesn′t mean you′re gay, lesbian, or bisexual. And just because a gay or lesbian friend has warm feelings about you doesn′t mean he or she wants or expects anything more than friendship.
- Some people seem to think that all gay men and lesbians are attracted to all heterosexual men and women. Ask yourself: “Are all straight women attracted to all straight men, and vice versa?”
- Don′t assume that someone who′s gay, lesbian, or bisexual wants to “recruit” or “convert” others to homosexuality.
This means you′re free to socialize with whomever you choose or date whomever you like. You are free to write for the school paper, distribute leaflets, wear buttons, or demonstrate—as any other student is able to do. You may join or start school clubs and attend social functions, including dances. The law forbids any discrimination by extracurricular clubs or organizations. Displays of affection on campus may be restricted, but such restrictions must be applicable to all students, gay and straight alike. Under the Tinker test,* your activities at school may be restricted only if they disrupt the normal routine of the school or interfere with school discipline.
On the home front, your parents′ obligation to provide for you doesn′t change or end because of your sexual orientation. They can′t throw you out of the house or declare you emancipated because you′re gay. Their authority over you continues, just as your responsibility to obey them continues. If you and your parents are unable to agree on or discuss these issues of sexuality, family counseling should be considered.
Your rights at work may also be protected. Although no specific Federal law prohibits employment discrimination based on sexual orientation, you may assert your due process, equal protection, and First Amendment rights. State employment laws may also support these rights.
Another area where the debate about sexual orientation continues is the military. Gays, lesbians, and bisexuals are in the armed forces, and they continue to serve their country. Since 1993, new recruits are no longer asked about their sexual orientation. This question was removed from the enlistment form, along with questions regarding past sexual conduct. The policy today is “Don′t ask; don′t tell.” However, if the military finds out that you′re gay, you′re likely to be discharged.
Tinker v. Des Moines Independent School District, 393 U.S. 503 (1969).
FYI
Lambda Legal Defense and Education Fund
120 Wall Street, Suite 1500
New York, NY 10005
(212) 809-8585
www.lambdalegal.org
Information and referrals regarding issues of sexual orientation.OutProud! The National Coalition for Gay, Lesbian, and Bisexual Youth
www.outproud.org
Resources for teens and schools, recommended reading, links, and more.Parents and Friends of Lesbians and Gays (PFLAG)
1726 M Street NW
Suite 400
Washington, DC 20036
(202) 467-8180
www.pflag.org
Information and referrals to affiliated support groups and resources around the country.You can also contact local gay, lesbian, and bisexual organizations and hotlines, and ask them about teen support groups and social organizations.
