1st Circuit Court Affirms School’s Right to Prohibit Anti-Transgender Apparel
The 1st Circuit Court of Appeals in L.M. v. Town of Middleborough has upheld a lower court’s final ruling in favor of a Massachusetts public middle school which prohibited a student from wearing a t-shirt reading “THERE ARE ONLY TWO GENDERS” on the grounds that it disrupted learning by harmfully targeting transgender and gender nonconforming students.
The Court, understood the message as striking negatively at the core of identity for students who are transgender or gender nonconforming and found that the school was within its right to keep the student from wearing the t-shirt. The Court affirmed that, while students have a right to free expression, public schools are permitted to prohibit messages that will cause a substantial disruption to the school learning environment.
GLAD submitted a friend-of-the-court brief alongside the Massachusetts Association of School Superintendents in support of the Middleborough school to emphasize (1) the school’s authority to address issues and behavior that can reasonably be predicted to cause substantial disruption to the school learning environment and (2) the harmful impact on student learning for all students when transgender and nonbinary students are targeted for exclusion.
You may have seen recent news about a federal court issuing an injunction related to US Department of Education Title IX rules and several actions by President Trump attempting to undermine the rights of transgender students.
Here’s what these developments mean for you here in New England.
What is Title IX?
Title IX is a landmark federal law passed in 1972. It prohibits discrimination on the basis of sex in schools and education programs that receive federal funding. It has been and will continue to be vital to improving opportunities, fair treatment, and funding for girls and women. This law has also been instrumental in ensuring that all people, including LGBTQ+ students, have fair access to educational opportunities, regardless of their sex, gender, sexual orientation, gender identity, or gender expression.
What happened to the 2024 Rules?
On August 1, 2024, new US Department of Education (DOE) rules went into effect. Among other things, the rules explained that Title IX protects LGBTQ+ students from discrimination and harassment and ensures that transgender students have access to bathrooms and changing rooms consistent with their gender identity. These rules did not “change” Title IX; rather, they explained protections afforded by the plain language of the statute and incorporated the U.S. Supreme Court’s interpretation of Title VII, a similar statute prohibiting sex discrimination in employment.
Twenty-six states, as well as several schools and anti-trans groups, filed lawsuits to stop the DOE from enforcing the 2024 Rules. On January 9, 2025, a federal court in one of these lawsuits blocked the 2024 Rules from going into effect nationwide. Although this order could be appealed, and other cases are ongoing, it is very likely that the new Trump administration will not defend the 2024 Rules, leaving them blocked.
What does that mean for me?
Just like the 2024 Rules did not “change” Title IX, the order blocking the 2024 Rules did not “change” Title IX either. Title IX still prohibits discrimination on the basis of sex, which many courts have recognized to include discrimination on the basis of sexual orientation, gender identity, and gender expression. Title IX still requires schools to provide LGBTQ+ students with equal educational opportunities and still gives students and parents the ability to assert their rights to a discrimination-free school environment.
What does Trump’s Executive Order mean for my rights?
On January 20, 2025, President Trump signed an Executive Order attempting to make it the “policy of the United States to recognize two sexes” and intending to deny the rights of transgender people. He followed this with another order on January 29, 2025, threatening teachers who affirm and support students’ transgender identities. The clear purpose of these orders is to cause chaos, confusion, and fear. In the United States, Congress—not the President—writes laws, and the courts—not the President—interpret laws. The Executive Order does not change the rights of students under Title IX to a safe, supportive learning environment and a quality education.
I think my rights have been violated. What can I do?
All New England states have state laws protecting the rights of LGBTQ+ students in schools—including transgender students—as well as state agencies that investigate and enforce violations of those protections. The court order and Executive Order have no impact on state law protections and on students’ statutory rights under Title IX, nor do they change individuals’ rights to bring their own private enforcement actions.
GLAD Law maintains resources for LGBTQ+ students in New England. For more information about the laws in your state, visit our website:
If you have experienced bullying or harassment at school due to your sexual orientation, gender identity, or gender expression, GLAD Law wants to hear from you. Please visit this page to let us know about your experience: https://www.gladlaw.org/TitleIX-Form
Honoring Courage and Commitment: 20 Years of Marriage Equality
The following post is from Mary Bonauto’s recorded remarks for the May 17, 2024 event at the Arlington Street Church in Boston, MA, marking the 20th anniversary of the freedom to marry.
What people long thought was impossible, including in our own community, has now been the law of Massachusetts for 20 years.
It was a long journey to get from the vision of equal marriage to the joyous reality. This church and its Reverend Kim Crawford Harvie celebrated the marriage of David Wilson and Robert Compton right here, and you’d have thought they roof would blow off.
David Wilson and Rob Compton were married by Reverend Kim Crawford Harvie – one of the first same-sex marriages in the country.
Looking back, we honor Richard Loving and Mildred Jeter, a white man and Black woman, who fought Virginia’s race-based bans in the 1960s to say that their marriage was valid. And the US Supreme Court agreed that the freedom to marry, and to marry without discrimination, is a vital personal right.
We honor the three brave plaintiffs couples in Hawaii, their lawyer Dan Foley, and the good people there who brought the conversation forward in the US with a stunning State Supreme Court ruling in 1993 that these couples should be allowed a chance to go forward with their case because there might in fact be a constitutional issue in categorically denying marriage to same sex couples.
We honor our dear friends in Vermont, lawyers Beth Robinson & Susan Murray, their firm Langrock Sperry and Wool, and the three wonderful couples there who, with GLAD, brought the first marriage case on the mainland in 1997. We won a ruling from that State’s Supreme Court that the constitution, and our common humanity, required that same-sex couples also have access to the protections, benefits, and responsibilities that marriage brings. Vermont then passed the nation’s first ever civil unions law, which provided the first comprehensive legal status to families of same-sex couples, and also provided a bridge to the future.
Here in the Commonwealth of Massachusetts, we treasure our plaintiffs as people and as couples for their courage and commitment and for showing the world what love and justice looks like for same sex couples. I appreciate my GLAD colleagues and all of the amici and their attorneys who shared their expertise with the Massachusetts Supreme Judicial Court (SJC).
The marriage story is a story of democracy in action.
The November 18, 2003 decision by Chief Justice Margaret H. Marshall, joined by Justices Greaney, Ireland, and Cowin, is one for the ages. It laid out the framework for all winning cases going forward in both state and federal courts and at the US Supreme Court. These Justices did not shrink from the constitutional imperatives of equality and liberty for all, even as to marriage. That ruling broke an historic barrier and changed forever what equality looks like for LGBTQ+ people.
Winning – and defending – marriage equality in Massachusetts was a team effort on a colossal scale. I know many of you who worked so hard are in the room today. It included Governor Deval Patrick who defended this decision and our community, stalwart legislators like Representatives Alice Wolf, Byron Rushing, Liz Malia and many more.
It includes those who changed their minds, like Representative Paul Kujawski. It includes Senator Marian Walsh who proclaimed during a constitutional convention proceeding that the Goodridge decision was correct. And that even though it made her uncomfortable, here her comfort level was not the measure of her constituents’ constitutional rights. We saw such incredible leadership up and down the legislature when it mattered.
In the face of those who would recreate marriage discrimination in our constitution, we proclaimed: “I stand with the Supreme Judicial Court.” And with MassEquality and so many other allies, the big “we” defeated those amendments over the course of three years. We showed the nation that marriage equality was here to stay in the US.
Creating the common good takes effort, and that’s more than a two-way street. It’s a busy intersection of listening, learning, and supporting “our” issues and “others” as well.
That win showed what we can do when we talk about our lives and learn about theirs, when we invite people in and talk to each other, even with noisy scare tactics and demonization around us.
The Massachusetts experienced helped propel other important milestones in the journey to nationwide marriage equality, including a judicial victory in Connecticut in 2008, one of two states to rule that year, as well as the first wins in state legislatures in 2009 in Vermont – over a Governor’s veto, Maine and New Hampshire.
And in 2012, states including Maine, Maryland, Washington, and Minnesota for the first time approved of marriage at the ballot.
The plaintiffs in Goodridge v. Massachusetts Department of Public Health, which won the freedom to marry in Massachusetts.
The marriage story is a story of democracy in action, of involving people and all branches of governments, of people from all walks of life and public and private institutions stepping up.
The road to nationwide marriage equality at the US Supreme Court in 2015 was paved through the States. The Commonwealth of Massachusetts and its people were absolutely essential.
Just as this victory was not inevitable, it is not invincible either. We know that there are those who would like to “revisit” marriage and other legal rights we’ve won over the years.
So, I ask you to remember, as we invest in our communities, so do they invest in us. Creating the common good takes effort, and that’s more than a two-way street. It’s a busy intersection of listening, learning, and supporting “our” issues and “others” as well.
If we are about people, families, and communities thriving – and we are – and if we are about freedom, opportunity, equity and justice – and we are – then be there for your whole diverse community.
We are in a time where we can and must use the tools we learned through marriage and all of our justice struggles to support the truth, which is the inherent dignity, full equality, and common humanity of transgender people.
20 years on from May 17, 2004, we know how much protection comes with marriage, with being understood as a family, and with being valued as part of the fabric of the state, the community, and the nation.
So, happy anniversary. Enjoy this celebration. And let’s keeping working.
Public schools have a responsibility to support and provide a positive environment for all students.
One way that they do this is by displaying support for LGBTQ+ students through Pride symbols and flags.
Public school administrators are legally required to provide the same rights to all students and student clubs under the Equal Access Act. So, for example, if the school allows students from other clubs to hang flags or banners, the school has a legal responsibility to allow their GSA (Gender and Sexuality Alliance) to do the same.
At schools, school officials are able to create guidelines around displaying supportive flags and symbols. Just because they display supportive imagery does not mean that they also need to display offensive imagery if requested to do so. Schools do not need to worry about being forced to put up offensive banners, decorations, or other imagery.
This means schools can fly flags like the Black Lives Matter or Transgender Pride flags to show support for their students. Schools do NOT have to take down these flags, even if someone requests it as a hostile symbol.
What can schools do?
Keep up existing inclusive flags, signs, and posters.
Have school faculty meetings where school employees propose new inclusive displays.
Put up new inclusive displays to show support for their students.
Provide all student clubs with the same resources.
What should schools not do?
Schools should not create programs that allow private individuals to propose flag suggestions.
Schools should not let non-school employees put up displays.
Schools cannot allow only some groups of students to have clubs and exclude others.
Every student is entitled to equal educational opportunities and an environment that supports them. They also deserve to show up as and express their authentic selves, which includes having their proper name and pronouns used in classroom and administrative settings. For LGBTQ+ college students, this can prove difficult as there are no overarching policies or laws regarding name and pronoun usage at universities. Public universities often have more protections for LGBTQ+ students whereas private and religious educational institutions may follow different policies. Below you can find some information on best practices and ideas on how to best approach the subject with staff, professors, and administration. The links and resources provided were not compiled by GLAD and have not been vetted by GLAD.
All students deserve to be treated with respect. One way professors can be respectful is by asking for and using students’ correct name and pronouns (even if they differ from what’s on the students’ records).
If you are being named incorrectly and misgendered here are some steps you can take to advocate for yourself:
Bring it up to the person misgendering or misnaming you. They may not be aware that they are doing so and might be able/willing to easily change this.
Start a conversation on campus and advocate for campus-wide change. Connect with Campus Pride to take their trainings and use their LGBTQ+ advocacy resources.
Go to the Title IX Office. Persistent, intentional misgendering is also something you can raise with the Title IX Office at your university.
Updating your preferred name and pronouns with the registrar’s office:
Some universities now give students the ability to update their name and pronoun information at the registrars’ office so as to not out trans students to their professors and other campus staff. Check out this example of a policy to update for preferred (not legal) names and pronouns from Berklee College of Music.
Because of FERPA protections, if you are over 18, by law you are able to update your name and pronouns at your college without that information being shared with your parents, guardians, spouse, or financial benefactors.
Advocating for correct name and pronoun usage on campus:
Campus Pride has great advocacy trainings and resources for students.
University Policies, Best Practices, Etc.
Guides for universities looking to update their practices
Below, university administration, professors, and staff can find guides on supporting LGBTQ+ students in higher education:
If you’ve followed these steps and the situation has not resolved or is getting worse, please reach out to GLAD Answers. Complete the online intake form at GLADAnswers.org, email GLADAnswers@glad.org, or leave a voicemail at 800-455-GLAD.
Building Families and Protecting Children: National Threats and Implications for Massachusetts
Across the country, we are facing aggressive efforts to restrict reproductive freedom and equal rights for LGBTQ+ people and families.
On April 24, 2024, the Massachusetts Parentage Act Coalition gathered experts to discuss the impact of these threats and what Massachusetts can do now to protect reproductive rights and access to family building and provide legal security for families formed through assisted reproduction methods like IVF.
Schools are meant to be student-centered places where young people are safe and can learn what they need to succeed in life. Yet, extremist politicians and well-funded national groups are trying to make public schools and school libraries a site of attacks on LGBTQ+ people, especially youth, and families.
Youth in Massachusetts public schools still have rights, and our schools have a responsibility to ensure all students, including LGBTQ+ students, are safe, supported, and able to learn. GLAD and our partners are sharing these resources on your rights as a student, parent, and educator.
Nondiscrimination: Massachusetts General Laws prohibit discrimination based on gender identity, sex, sexual orientation, and perceived sexual orientation in Massachusetts public schools. You can read more under G.L. c. 76, sec. 5.
Anti-Bullying: Massachusetts has one of the strongest anti-bullying laws in the country. It has strict requirements that schools must follow to protect students from a wide variety of bullying, be it physical, verbal, or online.
Guidance for Schools: The Massachusetts Department of Elementary and Secondary Education has created guidance for schools on the rights, responsibilities, and best educational practices for transgender and gender non-conforming students. Learn more about this guidance here.
Learn more on the following Know Your Rights pages:
What to do if you or your child is experiencing bullying, discrimination, or mistreatment in school
If you as a student or your child is experiencing bullying because of an LGBTQ+ status or a perceived LGBTQ+ status, you can take steps under both state and federal law to remedy the situation. And you can pursue both avenues at the same time.
First, it is important to understand what Massachusetts considers bullying or harassment. As the Attorney General summarizes,
The Massachusetts Anti-Bullying Law (G.L. c. 71, § 37O) and Student Anti-Discrimination Act (G.L. c. 76, § 5) require schools to take steps to prevent bias-related bullying and harassment by students and respond effectively when it occurs. Bullying and harassment are similar, but not identical, types of misconduct.
Bullying generally includes any repeated, targeted behavior that harms a student or disrupts the school environment. Although not all bullying is bias-related, bullying often stems from or involves bias, prejudice, or hate. The law specifically protects against bullying based on sexual orientation, gender identity, race, national origin, religion, disability, and age.
Harassment is conduct that creates, or contributes to the creation of, an intimidating or hostile environment for a student because of their race, color, religion, national origin, sex, gender identity, or sexual orientation.
Like bullying, harassment can take many forms, including verbal statements, online or social media activity, graffiti, and violent or threatening physical conduct. Unlike bullying, harassment does not have to be repeated or targeted at a particular victim. A single, severe hate incident may create an intimidating or hostile environment—so too may a series or pattern of incidents.
Second, consider whether you want to take action under the school’s anti-bullying or harassment policies, which should be available on the school website. If so, follow the steps from the school’s policies and keep copies/screenshots of emails and texts, as well as take notes of conversations with school staff, to show that you have done what you are supposed to and that the school is on notice of your concerns.
If the school is not investigating the bullying, press them to do so. The anti-bullying law expects schools to have a policy providing “clear procedures for promptly responding to and investigating reports of bullying or retaliation.”
If you are not satisfied with the school’s response, consider contacting (1) the school district’s Superintendent (information on the school website) and/or (2) the Department of Elementary and Secondary Education’s (DESE) Safe Schools Program for LGBTQ+-related bullying. The Safe Schools Program is for LGBTQ+ students who need support and suggested strategies for dealing with the bullying. The Safe Schools program may be able to do an evaluation of the school and may offer trainings to administration and staff if they find it is not an LGBTQ+ safe environment. You can find the application for support here.
You may find more information about bullying laws from the Massachusetts Attorney General’s Office here. GLAD is among those who advocated for the anti-bullying law and have defended it in Court. Learn more about GLAD’s amicus brief in Doe v. Hopkinton Public Schools here.
US Harassment & Discrimination Protections for Students
Federal law is also a tool for addressing bullying and harassment. When these behaviors are ignored or inadequately addressed, this may add up to discrimination based on sexual orientation or gender identity, among other characteristics.
Harassment and bullying because of a person’s LGBTQ+ status may also constitute sex discrimination under Title IX protections. Learn more on our Title IX Know Your Rights page. If your school is unsupportive and not taking action to end the bullying, you can also contact GLAD Answers.
Finally, Fenway Health offers free mental health support to LGBTQ+ people who have experienced harassment and may be able to offer your child support.
If you have questions about the specific situation you are experiencing or questions that have not been answered above, please reach out to GLAD Answers.
About school censorship and book bans
On January 23, 2023, the ACLU and GLBTQ Legal Advocates & Defenders (GLAD) sent a letter urging Massachusetts public school districts to protect students’ legal rights by rejecting censorship in school libraries.
Follow the issues that come up in your school committee and town/city council.
Attend meetings when important issues are being discussed and even to participate in the public comment period in which School Board/Committee members listen to input from the public. It is important that they hear support for good work and good arguments for why LGBTQ+ and race-based restrictions are bad educational policy for all students.
Follow education, curriculum, staffing, policy, library and other issues in school board and local elections, or run for office yourself.
For support in talking about issues related to education and LGBTQ+ students, and more ways to take action, visit Campaign for Our Shared Future.
In Massachusetts, GLAD filed a friend-of-the-court brief on behalf of the Massachusetts Superintendents Association and GLAD in support of a Ludlow public school. Learn more about Foote v. Town of Ludlow.
GLSEN Massachusetts is a grassroots initiative, working locally in our community to ensure safe schools for all students, regardless of sexual orientation and gender identity.
MassEquality works to ensure that everyone across Massachusetts can thrive each and every day without discrimination and oppression based on sexual orientation, gender identity, or gender expression.
The Massachusetts GSA Student Leadership Council creates and informs policy, promotes inclusive learning environments for all students, supports the development of leadership skills, and fosters statewide collaboration among LGBTQ students and allies.
PFLAG is the nation’s largest organization dedicated to supporting, educating, and advocating for LGBTQ+ people and those who love them.
Safe Schools Program for LGBTQ Students | Teacher & Administrator Resources — The following documents outline various appropriate guidelines for teachers and administrators who are working with LGBTQ+ youth:
Want to learn more about LGBTQ+ Equality in Massachusetts? Visit the Movement Advancement Project’s Massachusetts Equality Profile.
GLAD Answers
Still have questions? Contact GLAD Answers for free and confidential legal information, assistance, and referrals. Complete the online intake form at GLADAnswers.org, email GLADAnswers@glad.org, or leave a voicemail at 800-455-GLAD.
“Let’s go, Massachusetts! We’ve been proud to be a national leader and trailblazer when it comes to LGBTQ+ equality, but we’ve got some catching up to do,” said Governor Maura Healey. “Let’s pass the Massachusetts Parentage Act to make sure every family has the legal protections they need and deserve.”
“Our state parental laws have not kept pace with the diversity of modern-day families, and as other states take the necessary steps to protect families, provide stability for children and advance reproductive and LGBTQ+ rights, it is clear it is well past the time for us to act and pass the Massachusetts Parentage Act,” said Attorney General Andrea Joy Campbell.
“The action taken by Michigan Governor Whitmer today is a potent reminder of what strengthening families should look like in 2024 and it should serve as an inspiration to Massachusetts,” said Polly Crozier, Director of Family Advocacy at GLBTQ Legal Advocates & Defenders. “The Massachusetts Parentage Act, currently making its way through the legislature, is needed to fill gaps in our laws that leave some children vulnerable and to ensure all families, no matter how they are formed, have the legal security they deserve. We hope to see this bill passed into law this session so that Massachusetts can stand proud as a state that recognizes and protects the dignity and worth of all children and families.”
The Massachusetts Parentage Act (MPA, H.1713/S.947) is currently being considered in the Joint Committee of the Judiciary. The legislation updates Massachusetts statutes to clarify who can be a parent and how to establish parentage. This bill is critical to ensuring that all children can access the security of legal parentage, regardless of the circumstances of their birth. The bill’s bipartisan sponsors include Democrat Senator Julian Cyr, Republican Senator Bruce Tarr, Democrat Representative Sarah Peake, and Republican Representative Hannah Kane.
The ideological effort to roll back the clock on autonomy and equal rights for LGBTQ+ people and all women hit another milestone recently when the Alabama Supreme Court issued an alarming decision saying that frozen embryos are children, shutting down access to IVF in the state and sending shockwaves across the country. The resulting legislative “fix” in Alabama was no fix and further undermined hopeful parents and their efforts to build their families.
It was a staggeringly clear example of increasing efforts to control our lives and our most personal decisions: to cut off access to fertility healthcare, ban contraception, outlaw abortion in any form without exception, end access to critical healthcare for transgender people, preclude the formation of LGBTQ+ families, and even ban no-fault divorce and take the freedom to marry away from same-sex couples.
But as the outcry against that Alabama ruling shows, people across the country are saying no to that agenda of fear and control.
At GLAD, we are fighting alongside our partners and allies every day to protect our hard-won rights and push back against these attacks, so we can all live how we deserve to – freely, authentically, and joyfully.
In the past week alone, GLAD has:
Advocated in state houses for crucial shield bills to protect access to reproductive and transgender healthcare in Maine and Rhode Island, while we continue our federal legal challenges to bans on essential healthcare for transgender people in Alabama and Florida. These important bills would build on GLAD’s work to pass shield laws in Massachusetts (2022) and Vermont (2023).
Championed equitable coverage for fertility healthcare before multiple Connecticut legislative committees, so that Connecticut law reflects the standard of care ensuring LGBTQ+ people and single people on private insurance and Medicaid have access to the healthcare they need to build their families. GLAD was invited to appear with U.S. Senator Blumenthal to advocate not only for the Connecticut legislation but also for the federal Access to Family Building Act that seeks a national right to fertility healthcare.
Continued our work to update parentage laws in all states so that children of LGBTQ+ parents and children born through assisted reproduction are secure. We appeared in support of the Michigan Family Protection Act, which would repeal Michigan’s criminal ban on surrogacy and ensure protections for children born through assisted reproduction and surrogacy, in the state senate, and hope to see that bill, and a similar bill in Massachusetts, signed into law this session. As we see legislative and court actions put our families at risk, we must pass robust parentage bills like these to protect children and parents.
As the U.S. Court of Appeals for the Fifth Circuit heard arguments Monday in Braidwood v. Becerra, a case about whether health insurers will have to continue to cover highly effective preventatives like HIV PrEP without copays or deductibles, our friend-of-the-court brief warned that upholding the lower court’s ruling would result in tens of thousands of preventable new HIV cases. GLAD continues to advocate for legislation to remove barriers to PrEP and address the racial disparities in access, including making PrEP available through pharmacies and without insurance prior authorization requirements which create unnecessary delays.
The agenda of fear and control won’t win.
With your support today and in the days to come, together we can protect our access to essential healthcare, our right to build our families, and our freedom to make important, personal decisions about our own lives.
News you may have missed:
Boston Review: GLAD Senior Director of Transgender and Queer Rights Jennifer Levi and NCLR Legal Director Shannon Minter in conversation about the decades-long fight for transgender rights
MassLive: Highlighting LGBTQ+ leaders in Massachusetts, including GLAD Director of Family Advocacy Polly Crozier and GLAD Board Member and CEO of TransHealth Dallas Ducar
Trans Support & Advocacy | Transgender Rights | Massachusetts
GLAD works alongside many great organizations that strive to support and uplift the LGBTQ+ community. Below you will find links to several organizations that work with transgender folks and their loved ones in Massachusetts in a variety of areas. For further resources and referrals, please reach out to GLAD Answers by filling out our intake form. You can also email us at GLADAnswers@glad.org or leave a voicemail at 800-455-GLAD.
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