Federal Law 1

• Source of Law: Federal Law - United States Constitution, Amendment XIV, Section 1

• In-Text Citation: U.S. Const. amend. XIV, § 1.

• Link: U.S. Constitution - Fourteenth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

• Legal Requirements:

  • The “Equal Protection Clause” is part of the first section of the Fourteenth Amendment to the U.S. Constitution. It states that no state shall deny to any person within its jurisdiction the equal protection of the laws.

  • Was used in the case Obergefell v. Hodges to affirm LGBTQ+ rights and legalize same-sex marriage across the US. 

  • Prohibits schools from treating students differently based on their sexual orientation or gender identity (Paige, 2025). 

    
    

Federal Law 2

• Source of Law: Federal Law - United States Constitution, Amendment I.

• In-Text Citation: U.S. Const. amend. I.

• Link: U.S. Constitution - First Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

• Legal Requirements:

  • Guarantees freedoms concerning religion, expression, assembly, and the right to petition.

  • LGBTQ+ students have the right to express their views and identities under the First Amendment. 

    
    

State Law

• Source of Law: State Law - Texas Constitution, Article 1, Section 3

• In-Text: TX Const. art. I, § 3.

• Link: THE TEXAS CONSTITUTION ARTICLE 1. BILL OF RIGHTS

• Legal Requirements:

  • Equal Rights Provision - Declares that all Texans are equal under the law. 

  • Supports the Fourteenth Amendment. 

  • Can be used to affirm LGBTQ+ students in public schools in Texas.

Statute

• Source of Law: Federal Statute 

• In-Text Citation: 20 U.S.C § 1681 (2018)

• Link: Title IX and Sex Discrimination | U.S. Department of Education

• Legal Requirements:

  • Title IX of the Education Amendments of 1972 states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” This law aims to ensure that all individuals have equal access to educational opportunities, regardless of their sex (US Department of Education, 2024).

  • Updated regulations from 2024 clarify that discrimination on the basis of sexual orientation and gender identity is prohibited under Title IX, although 20 states have attempted to block the updates, spanning across seven lawsuits (Schreiner, 2024). 

Administrative Law

• Source of Law: State Administrative Law

• In-Text Citation: (California Department of Education, 2025)

• Link: Protections for LGBTQ+ Students: AB 1955 - Professional Learning (CA Dept of Education)

• Legal Requirements:

  • “AB 1955 has three major substantive provisions: (1) non-retaliation, (2) ban on what is known as “forced outing,” (i.e. requiring an employee or a contractor to disclose any information related to a pupil’s sexual orientation, gender identity, or gender expression to any other person without the pupil’s consent, unless otherwise required by state or federal law), and (3) invalidation of “forced outing” policies.”

  • Guarantees that pupils have a constitutional right to privacy when it comes to sensitive information about themselves.

  • Directs the California Department of Education to develop resources for families of LGBTQ+ students to foster acceptance and support.

Common/Case Law 1

• Source of Law: Case Law (United States Supreme Court)

• In-Text Citation: (Tinker v. Des Moines, 1969)

• Link: U.S. Reports: Tinker v. Des Moines School Dist., 393 U.S. 503 (1969). | Library of Congress

• Legal Requirements:

  • Supreme Court case that affirmed the First Amendment rights of students in public schools.

  • The case arose when students wore black armbands to protest the Vietnam War and were suspended by school officials.

  • The Supreme Court ruled that public school officials cannot censor student expression unless it disrupts school activities or infringes on the rights of others.

  • Supports student rights in expressing identity, including LGBTQ+ advocacy.

    
    

Common/Case Law 2

• Source of Law: Case Law

• In-Text Citation: (Colín v. Orange Unified Sch. District, 2000)

• Link: Colín v. Orange Unified School District (2000)

• Legal Requirements:

  • Legal case that addressed the rights of high school students in California to form a gay-straight alliance (GSA). 

  • The Orange Unified School District Board denied the students' application to form the GSA, stating that they must first change their name and agree to limitations on their speech. 

  • After a preliminary injunction was granted, the school was ordered to allow the GSA to meet on campus because it was against their rights under the Equal Access Act and the Fourteenth Amendment to deny the alliance. This was a significant victory for LGBTQ+ students' rights in education.

    
    

Common/Case Law 3

• Source of Law: Case Law

• In-Text Citation: (Henkle v. Gregory, 2001)

• Link: Henkle v. Gregory 3:00-cv-00050 (D. Nev.) | Civil Rights Litigation Clearinghouse

• Legal Requirements:

  • Henkle v. Gregory is a landmark case that addressed harassment and discrimination against LGBTQ+ students in schools.

  • Derek Henkle was subject to intense harassment and bullying by his peers after “coming out” in the ninth grade. School administrators either made him transfer schools or told him to go back in the closet, essentially.

  • School district was required to implement new policies aimed at protecting LGBTQ+ students from harassment and discrimination. Policies included training for staff on handling harassment and ensuring that students could express their sexual orientation without fear of retaliation.

  • Set a precedent for recognizing the constitutional rights of LGBTQ+ students to be open about their sexual orientation in schools and to be protected from discrimination. 

  • Case remains a significant reference point in discussions about student rights and protections against harassment in educational settings.

Source of Law: Federal Regulation

In-Text Citation: 34 C.F.R. § 106.31

Link: eCFR :: 34 CFR 106.31 -- Education programs or activities.

Legal Requirements:

• No person may face discrimination based on sex.

• No person should be limited in the enjoyment of rights, privileges, advantages, or opportunities.

• Individuals can not be denied aid, benefits, or services based on sex.

Source of Law: Local School Board Policy

In-Text Citation: (Keller ISD, 2024)

Link: Policy Code FNCA – Student Conduct: Dress Code – Keller ISD Board Policy Manual - Policy Online

Legal Requirements:

• States that “Students are not required to dress in a gender-neutral manner. However, any dress or grooming code shall provide the same set of rules and standards regardless of gender.”

Anti-Bullying Policies - All students, including those who identify as LGBTQ+, should know they are safe at school and that bullying is not tolerated/there will be consequences for bullying. Clear policies related to bullying can help prevent/minimize the negative treatment many LGBTQ+ students receive from their peers.

Mental Health and Wellness Supports - According to the Centers for Disease Control (CDC), compared to their cisgender and heterosexual peers, LGBTQ+ students are more likely to have been bullied at school, use illicit drugs, seriously consider suicide, and experience depression symptoms (2024). LGBTQ+ students should be considered a vulnerable population while at school. They need adequate mental health resources to thrive at school, including individual and group counseling, a safe space, and access to appropriate resources. 

Staff Training - This is crucial in schools as it helps create a safe and inclusive environment for all students. It is also important for staff to be up-to-date on policies involving LGBTQ+ students. For example, some states require staff to inform parents if their child would like to use a different pronoun/name (Burga, 2023). Staff members need to know the laws and policies they are expected to follow in their specific state/district/school.

Ethical Code: American School Counselor Association (ASCA) Ethical Standards for School Counselors - A. 10. Marginalized Populations.  

In-Text Citation: (American School Counselor Association, 2022)

Link: ASCA Ethical Standards for School Counselors - American School Counselor Association (ASCA)

Connection to Topic: Marginalization, sometimes referred to as social exclusion, occurs when certain groups are denied access to various aspects of society. This often stems from factors such as ethnicity, gender, sexual orientation, disability status, socioeconomic level, and age (Masterclass, 2020). This section of the code of ethics emphasizes the importance of protecting marginalized groups, including LGBTQ+ students, and outlines how school counselors can provide meaningful support to students in these populations. It explores strategies for creating a safe, equitable, and affirming school environment where respect, inclusion, and acceptance are practiced by all members of the school community. Overall, it expresses the role of school counselors in advocating for and safeguarding marginalized students within the school setting.

Stay up-to-date on federal protections for LGBTQ+ students in order to stay in compliance with laws and regulations such as Title IX. 

Students must be treated equally, no matter their sexual orientation or gender identity, per the Fourteenth Amendment. 

LGBTQ+ students have the right to express their views and identities under the First Amendment. This may include their clothing, hair, or other aspects of their appearance (unless it disrupts the learning environment or infringes on the rights of others).

School districts should implement policies aimed at protecting LGBTQ+ students from harassment and discrimination. This may include staff sensitivity training.

Ensure LGBTQ+ students have access to mental health and wellness resources, including individual and group counseling.

LGBTQ+ students have the right to privacy and confidentiality, unless otherwise required by law.