Journal Articles
This is only a sampling of journal articles that discuss school bullying and/or LGBT students. Another valuable resource is the LGBT Legal Bibliography created by the American Association of Law Libraries (AALL).
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Constitutionality of cyberbullying laws: keeping the online playground safe for both teens and free speech63 Vand. L. Rev. 845 (2010)
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Reducing school bullying: evidence-based implications for policy38 Crime & Just. 281 (2009)
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The silent minority within the minority: focusing on the needs of gay youth in our public schools25 Golden Gate. U.L. Rev. 67 (1994)
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Personal liability of school officials under § 1983 who ignore peer harassment of gay students2003 U. Ill. L. Rev. 829 (2003)
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Protecting the Kids in the Hall: Using Title IX to Stop Student-on-Student Anti-Gay Harassment15 Berkeley Women's L.J. 125 (2000)
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The State to the Rescue: Using State Statutes to Protect Children from Peer Harassment in School35 Colum. J.L. & Soc. Probs. 317 (2001-2002)
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How best to confront the bully: should Title IX or anti-bullying state statutes be the answer?12 Duke J. Gender L. & Pol'y 53 (2005)
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Sex education: Recognizing anti-gay harassment as sex discrimination under Title VII and Title IX37 Colum. Hum. Rts. L. Rev. 189 (2005-2006)
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Henkle v. Gregory: A landmark struggle against student gay bashing16 Cardozo J.L. & Gender 41 (2009-2010)
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"Tell your faggot friend he owes me $500 for my broken hand": thoughts on a substantive equality theory of free speech44 Wake Forest L. Rev. 557 (2009)
Important Cases
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L.W. ex rel. L.G. v. Toms River Regional Schools Bd. of Educ., 915 A.2d 535 (N.J. 2007)Mother filed complaint with Division of Civil Rights, alleging that public school district had violated the Law Against Discrimination (LAD) as a result of her son being repeatedly subject to harassment by other students due to his perceived sexual orientation.
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Harper v. Poway Unified School Dist., 445 F.3d 1166 (9th Cir. 2006)High school student who was suspended for wearing T-shirt with message expressing religious condemnation of homosexuality brought action against school district and school officials, alleging that his suspension violated his rights to freedom of speech and free exercise of religion under the First Amendment.
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Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503 (1969)Action against school district, its board of directors and certain administrative officials and teachers to recover nominal damages and obtain an injunction against enforcement of a regulation promulgated by principals of schools prohibiting wearing of black armbands by students while on school facilities.
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Flores v. Morgan Hill Unified School Dist., 324 F.3d 1130 (9th Cir. 2003)Former students, who were, or were perceived by other students to be, lesbian, gay, or bisexual, sued school administrators under § 1983, alleging that administrators' response or lack of response to complaints of student-to-student anti-homosexual harassment denied them equal protection.
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Bethel School Dist. No. 403 v. Fraser, 478 U.S. 675 (1986)Following grant of certiorari, the Supreme Court, Chief Justice Burger, held that: (1) school district acted entirely within its permissible authority in imposing sanctions upon student in response to his offensively lewd and indecent speech, which had no claim to First Amendment protection, and (2) school disciplinary rule proscribing obscene language and free speech admonitions of teachers gave adequate warnings to student that his lewd speech could subject him to sanctions.
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Nabozny v. Podlesny, 92 F.3d 446 (7th Cir. 1996)Student brought § 1983 action against school officials alleging equal protection and due process violations stemming from officials' alleged failure to protect student from harassment and harm by other students due to student's sexual orientation.
Materials from our catalog
Recommended subject headings for this topic:
Organizational Resources
The groups below are largely focused on activism and social work. For legal organizations that engage in litigation, check out Lambda Legal and the National Center for Lesbian Rights.
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GLSEN: Gay, Lesbian and Straight Education NetworkFounded as a local group in 1990, the Gay and Lesbian Independent School Teachers Network (GLSTN) began as a volunteer group of 70 gay and lesbian educators. At that time, there were two Gay-Straight Alliances (GSAs) in the nation, only one state with policy in place to protect lesbian, gay, bisexual and transgender (LGBT) students, and a general lack of awareness of the needs of LGBT students.
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GLAADThe Gay & Lesbian Alliance Against Defamation (GLAAD) amplifies the voice of the LGBT community by empowering real people to share their stories, holding the media accountable for the words and images they present, and helping grassroots organizations communicate effectively. By ensuring that the stories of LGBT people are heard through the media, GLAAD promotes understanding, increases acceptance, and advances equality.
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Gay-Straight Alliance NetworkGay-Straight Alliance Network is a youth leadership organization that connects school-based Gay-Straight Alliances (GSAs) to each other and community resources through peer support, leadership development, and training.
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The Trevor ProjectThe Trevor Project is a nonprofit endeavor established to promote acceptance of lesbian, gay, bisexual, transgender and questioning (LGBTQ) youth, and to aid in suicide prevention among that group.
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Teaching Tolerance | Southern Poverty Law CenterThe Teaching Tolerance program is working to foster school environments that are inclusive and nurturing – classrooms where equality and justice are not just taught, but lived. The program points to the future, helping teachers prepare a new generation to live in a diverse world.
Federal Legislative Materials
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H.R. 2262 - 111th Congress (2009-2010)To amend the Safe and Drug-Free Schools and Communities Act to include bullying and harassment prevention programs.
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Strengthening School Safety Through Prevention of BullyingHearing before the House Subcommittee on Healthy Families and Communities (July 8, 2009)
Other secondary materials
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Bridging the Gap in Federal Law: Promoting Safe Schools and Improved Student Achievement by Preventing Bullying and Harassment in Our SchoolsA policy paper written by GLSEN (The Gay, Lesbian, Straight Education Network)
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2013 National School Climate SurveyThe 2009 survey of 7,261 middle and high school students found that at school nearly 9 out of 10 LGBT students experienced harassment at school in the past year and nearly two-thirds felt unsafe because of their sexual orientation. Nearly a third of LGBT students skipped at least one day of school in the past month because of safety concerns.
Social Science Materials
To find social sciences materials on this topic use the full-text subscription databases available via the University Library. Some recommended sources include:
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Who, What, Where, When, and Why: Demographic and Ecological Factors Contributing to Hostile School Climate for Lesbian, Gay, Bisexual, and Transgender YouthJournal of Youth and Adolescence, v. 38, no. 7 (August 2009), pp. 976-88.
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Heterosexism in High School and Victimization Among Lesbian, Gay, Bisexual, and Questioning StudentsJournal of Youth and Adolescence v. 38 no. 7 (August 2009) p. 963-75
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Sexuality and School Shootings: What Role Does Teasing Play in School Massacres?Journal of Homosexuality v. 51 no. 4 (2006) p. 39-62
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Peer Victimization, Social Support, and Psychosocial Adjustment of Sexual Minority AdolescentsJournal of Youth and Adolescence v. 34 no. 5 (October 2005) p. 471-82
Santa Clara Law Panel Discussion
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Panel Discussion : School Bullying and LGBT AdolescentsThis is a link to iTunes University which is hosting the video taken during a panel discussion at Santa Clara Law on school bullying and LGBT adolescents.
