This article explores the growing interest in schools which are aimed at children and young people who are lesbian, gay, bisexual, transgendered and questioning (LGBTQ), schools described as LGBTQ-affirming. Schools which target specific groups of students are sometimes viewed as being anti-inclusive because they assign labels to students and…

This paper uses a mixed narrative and quantitative analysis to examine how a graduate class of predominantly politically and religiously conservative (self-identified), elementary teachers in the South made discursive sense of gender and sexually diverse (GSD) young adult and children's literature in the context of concurrent, relevant national…

For nearly 2 decades, lawsuits filed on behalf of students who have endured anti-queer bias in schools have resulted in favorable verdicts and settlements for the plaintiffs, thus spurring an increasing number of school districts across the United States to establish antidiscrimination policies and other initiatives to protect students from…

This essay discusses Justice Anthony M. Kennedy's choice to foreground arguments from due process rather than equal protection in the majority opinion in Lawrence v. Texas. Kennedy's choice can realize constitutional legal doctrine that is more consistent with radical queer politics than arguments from equal protection. Unlike some recent…

This literature review presents insights from existing research on how teachers view their role in creating safe schools for lesbian, gay, bisexual, transgender, queer/questioning, and intersex (LGBTQI) students. Analysis of the literature shows that there are concerns for LGBTQI students' safety in schools, that educational settings operate from…

Sexual minority students (most often gay, lesbian, or bisexual, but including anyone who does not or is perceived to not fit the common heterosexual stereotype) often face ongoing bullying and harassment in schools that goes unstopped by faculty or administration. These students suffer academically, emotionally, and physically as a direct result…

Drawing on a recent New Jersey Supreme Court decision (2007), this case addresses a school district's responsibility regarding homophobic bullying, school culture, and the rights of lesbian, gay, bisexual, and transgender students to be free of discrimination.

Discrimination based on sexual orientation in K-12 education is not prohibited in many school districts across the United States. Teachers who are of the sexual minority (gay, lesbian, or bisexual) must remain closeted or risk losing their jobs. A history of past court decisions and laws deeming sexual minorities to be degenerates from which…

The Ugandan Penal Code criminalizes same-sex relationships. The author analyzes the Ugandan High Court decision where the judge relied on the Constitution and international human rights instruments to hold that law enforcement officers must respect the rights to privacy and human dignity even of those people presumed to be in same-sex…

In 2002, Jack Barnes was a school administrator in 11,000-student Sullivan County (Tennessee) Schools when a student brought a racial harassment case against the district. Though an out-of-court settlement was reached, the U.S. Justice Department came down hard with a federal court order forcing the district to pay out millions for third-party…

This case study focuses on issues of freedom of speech and freedom of religion in public schools. It involves a rural, southern high school where a group of students participated in a Day of Silence. The school allowed the students to participate based on the principal's understanding of the students' First Amendment rights. However, the next day,…

In this article, the authors present a typology for organizing our current knowledge regarding same-sex couples in the United States who have and have not established legal ties between partners. This framework is complemented by a discussion of key rulings that define what is legally possible as well as the introduction of "legal consciousness,"…

This article builds on Lugg's (2006) discussion of surveillance in public schools and how queer youth are resisting schools' current efforts to regulate sexual orientation and gender expression in the U.S. and internationally. Legal complaints initiated by queer youth against their schools for harassment and access to extra-curricular activities…

Gregory A. Love, then a student at Morehouse College, in Atlanta, was beaten in 2002 with a baseball bat by a fellow student in a dormitory shower after Love made what his attacker perceived as a homosexual advance. The attacker was later convicted of aggravated assault and battery. Love sued Morehouse, arguing that the institution was liable for…

In 2001, a federal appeals court upheld the job termination of a counselor who requested being excused from counseling a lesbian client on relationship issues because homosexuality conflicted with the counselor's religious beliefs ("Bruff v. North Mississippi Health Services, Inc.," 2001). This article provides the facts of the case and the legal…