Story at a glance
- The Supreme Court has ruled that LGBTQ+ people are afforded protection under the Civil Rights Act of 1964.
- The Executive Director of GLSEN says the ruling will help protect LGBTQ+ educators as well as students.
- The Trump administration has rolled back protections for LGBTQ+ students, specifically transgender and nonbinary students, passed by President Obama.
Just days after the Trump administration rolled back protections against discrimination on the basis of sexual orientation or gender identity, the Supreme Court ruled in favor of LGBTQ+ protections against discrimination in the workplace under the Civil Rights Act of 1964.
The decision sends a message that has implications in every industry, including education.
“Today, the U.S. Supreme Court took a momentous step by affirming federal non-discrimination protections for LGBTQ Americans, including the many LGBTQ educators in K-12 schools who have faced harassment or job loss simply because of who they are. This decision also represents an unexpected and vital dose of hope for LGBTQ youth and all LGBTQ people in a dark and perilous time,” said Gay, Lesbian & Straight Education Network (GLSEN) Executive Director Eliza Byard.
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In 2018, 32 percent of non-LGBTQ+ Americans in a survey by GLAAD and the Harris Poll said they would be “very” or “somewhat” uncomfortable if their child had an LGBTQ teacher. National surveys of LGBTQ educators in 2007 and 2011 have found that one-third of them felt that their jobs were at risk if they were out to administrators, and more than half felt their jobs were at risk if they were out to students. One-quarter also reported being harassed at the schools where they work.
“Today’s decisive ruling will help ensure that LGBTQ educators can fully participate in school life, free from fear, and help build school communities that encourage respect and support for all students and educators, no matter their sexual orientation, gender identity or gender expression. This will be an enormous building block for a better future,” Byard said.
In states that recognize at-will employment, employers and employees can terminate their contract at any time without consequence, except for discrimination based on certain protected classes. While this had previously been a concern for LGBTQ+ employees in education, the Supreme Court decision provides a level of protection against such a threat.
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Byard said the decision also holds importance for LGBTQ+ students, especially transgender students.
“In March of 2017, Secretary DeVos told me that she was waiting for the courts to rule clearly before she would protect transgender students as they deserve,” she said. “Today, the Supreme couldn’t have been more clear, ruling that ‘it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.’”
In 2018, Secretary of Education Betsy Devos rolled back guidance from the Obama administration that said students should be allowed to use restrooms consistent with their gender identity in public schools.
“Secretary DeVos must immediately reverse her attacks on transgender students’ rights, which began with her very first official actions in 2017. Now, she can no longer hide behind the claim of waiting for the courts. Trans girls are girls. Trans boys are boys. And the law protects them from discrimination ‘on the basis of sex.’ Like all children, they deserve to learn and grow free from fear and in community with their peers,” Byard said.
North Carolina is the only state to pass legislation restricting access to multiuser restrooms, locker rooms and other sex-segregated facilities, but the bill has since been repealed. In other states, however, the issue is decided on a local level.
In response to the Supreme Court decision, President Trump said, “I’ve read the decision, and some people were surprised. But they’ve ruled and we live with their decision.”
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