The vast majority of book bans that are taking hold across the country specifically aim to remove books that are by and about LGBTQ people, communities of color, and other marginalized groups. Students have the right to equal educational opportunity and a First Amendment right to speak and receive information freely.
Massachusetts On January 23, 2023, GLAD and the ACLU of Massachusetts sent a letter urging Massachusetts public school districts to protect students’ legal rights by rejecting censorship in school libraries. Read the letter.
Maine On May 16, 2023, GLAD and the ACLU of Maine sent a letter to Maine’s public school leaders demanding they uphold their own legal obligations and students’ First Amendment rights by stopping efforts to ban and censor books. Read the letter.
New Hampshire On December 4, 2023, GLAD and the ACLU of New Hampshire sent a letter to Frank Edelblut, the commissioner of the New Hampshire Department of Education (DOE), warning about First Amendment concerns regarding the DOE’s insinuation that the Dover School District should consider banning two books as “developmentally inappropriate.” In a separate open letter to the superintendents of New Hampshire’s school districts, GLAD and the ACLU of New Hampshire urged them to take a stand against censorship and protect student access to an equal and safe environment by resisting calls to remove books from school libraries. Read the letters.
Webinar: Protecting LGBTQ+ Rights in Massachusetts Schools
Thank you for joining GLAD, MassEquality, MTPC, and the Massachusetts Commission on LGBTQ Youth for the August 17, 2023 webinar about LGBTQ+ rights in schools.
Update: Gender X markers are now available in Massachusetts! Visit our Know Your Rights page to learn more.
S. 2207, “An Act relative to gender identity on Massachusetts identification,” is a bill that allows residents to amend their birth certificate and marriage license with a gender-neutral “X” designation. It is essential for all of us—including trans and nonbinary people—to be able to get government documents that accurately reflect who we are.
On July 28, 2023, S. 2207 unanimously passed the Massachusetts Senate.
On October 3, 2023, GLAD submitted testimony on H.3017.
GLAD Celebrates SJC Ruling Respecting and Protecting Non-marital Family Relationships
Unanimous decision ensures security of a voluntary acknowledgment of parentage for non-biological, non-marital parents—and underscores the need for more clarity in MA parentage law
GLBTQ Legal Advocates & Defenders (GLAD) cheered the Massachusetts Supreme Judicial Court’s (SJC) recent ruling in J.M. v. C.G., which affirmed the validity of a Voluntary Acknowledgement of Parentage (VAP) to establish and secure the parent-child relationship of a non-marital, non-biological father and his child. GLAD filed a friend-of-the-court brief in the case, supporting the legal father’s parentage as established by the VAP he and the child’s birth parent executed.
“Families today are formed in many different ways, and all children need and deserve the support and stability of a legally secure parent-child relationship,” said Polly Crozier, Director of Family Advocacy at GLAD. “A Voluntary Acknowledgement of Parentage (VAP) is a simple process that lets unmarried parents establish a legal relationship with their child immediately before or after the birth of a child. The SJC’s unanimous decision in J.M v. C.G. ensured the legal parentage of a loving, non-biological father established through a VAP was secure like any other VAP and not subject to attack long after the statutory deadline. As Chief Justice Kimberly S. Budd wrote for the Court, ‘A child’s interest is served by stable and supportive families of all types,’ and since the legal father had parented the child since infancy, ‘there undoubtedly is [a parent-child relationship] to protect regardless of the marital status of her parents.’”
“This decision emphasizes that parent-child relationships can develop and sometimes deserve legal protection without regard to whether the child was born to an unmarried couple or whether there is a genetic connection. The case also underscores the need to update the Commonwealth’s parentage laws so that they provide clear legal protections for all children and families, no matter how they are formed,” said Mary L. Bonauto, GLAD’s Senior Director of Civil Rights and Legal Strategies. “It is a reminder of the importance of updating our core parentage laws, and we’re hopeful this is the session to pass the Massachusetts Parentage Act (MPA, H 1713/S 947) so that all families are comprehensively protected.”
Under federal law, a VAP is the equivalent of a court decree of parentage and should be respected in all jurisdictions as a judgment. VAP forms are short affidavits in which an unmarried individual affirms that they want to be established as a legal parent with the rights and responsibilities of parentage. The person who gave birth to the child must also sign the form, in the presence of a notary or witness. It is the primary way that parentage is established in nonmarital families.
The Court’s decision noted the importance of securing nonmarital families and relationships, stating that a person seeking to be recognized as a parent must demonstrate a “substantial parent-child relationship” in order to challenge legal parentage already determined through a VAP, just as they would if challenging legal parentage established through marriage. The court also made clear that “the best interests of the child is the primary purpose of the substantial parent-child relationship requirement,” and that “a child’s best interest is served by stable and supportive families of all types.”
Whether you are entering a facility for the first time or have already been in a facility for some period of time, you can request a transfer to a gender-affirming facility. The process is a little different if you request it from the start.
At the time you first enter the facility, an officer will complete an “Internal Housing Risk Factor Assessment”, which you can find at the end of this document. That form has places to fill out issues about potential risks to your safety at a facility. That is a good time to tell the intake officer that you would like to be placed in a gender-affirming facility. Once you tell them, then they have to follow instructions from this policy, and also described below.
In order to get the right assignment, you either need to self-identify as having “Gender Dysphoria”, or request a referral for “Gender Dysphoria”. After you make your request, then you should meet with a person called the Primary Care Clinician, or PCC, who works at your facility. That PCC should complete an evaluation to determine if you have “Gender Dysphoria” as well as make decisions about how to proceed with your case.
The evaluation should consider things like safe housing, work opportunities, education, program assignments, and your individual safety. These are done on a case-by-case basis. They also consider your security level, your prior history, medical records, and vulnerability. You should also be asked about your own views on your safety and what you think would be best. In some cases, the evaluation will also include if surgery should be a part of the potential treatment plan.
What is “Gender Dysphoria”?
Massachusetts uses a definition for “Gender Dysphoria” from a book, written by doctors at the American Psychiatric Association, called the Diagnostic and Statistics Manual of Mental Disorders [Fifth Edition], or the “DSM-5”. The definition is:
A difference between a person’s experienced and expressed gender and their assigned gender that has taken place for at least six months. It must include two of the following:
A marked incongruence between one’s experiences/expressed gender and primary and/or secondary sex characteristics (or in young adolescents, the anticipated secondary sex characteristics);
A strong desire to be rid of one’s primary and/or secondary sex characteristics because of a marked incongruence with one’s experienced/expressed gender (or in young adolescents, a desire to prevent the development of the anticipated secondary sex characteristics);
A strong desire for the primary and/or secondary sex characteristics of the other gender;
A strong desire to be of the other gender (or some alternative gender different from one’s assigned gender);
A strong desire to be treated as the other gender (or some alternative gender different from one’s assigned gender);
A strong conviction that one has the typical feelings and reactions of the other gender (or some alternative gender different from one’s assigned gender).
When a PCC is deciding if a person has “Gender Dysphoria”, they try to determine if a person is experiencing distress or difficulties in socializing, working, or other important areas of life. They will do a face-to-face evaluation and review things like mental health history, medical history, and any medical documents you may have. If you have already been given a diagnosis of “Gender Dysphoria” in the past, then you don’t need to get another referral.
If the PCC does not agree that you have “Gender Dysphoria” and should get the transfer, it doesn’t mean your case is over. Your case should be referred to two people: the Psychiatric Medical Director, and the Director of Clinical Programs. Then, you should get another face-to-face evaluation within thirty days of the referral.
If I get a diagnosis from the PCC, what should happen?
If the PCC decides that you qualify for services under “Gender Dysphoria”, then they should ask you if you will allow a “Release of Information.” They are asking for the Release of Information so that they can see what kinds of medical care you may have been getting in the past and try to continue it.
The PCC works together with other people, including the Mental Health Director and other providers at the facility. You may meet with someone from your facility known as the on-site psychiatric provider. That person might be different from your Psychiatric Medical Director, or any of the other people you have met with so far. The PCC should then complete a form for you called the Gender Dysphoria Mental Health Referral Form in order to make sure that the facility is aware of your request to transfer. You can find that form at the end of this document.
The Psychiatric Medical Director or another officer should confirm the PCC’s Referral Form. They will consider a number of documents in this decision, including your Referral Form, a review of your medical records, and another consultation with the Psychiatric Medical Director or other officer. If there are any concerns about your diagnosis, then a person with the role Gender Dysphoria Consultant will review the case within 30 days.
Once my diagnosis is confirmed, what kind of care should I receive?
After you receive a confirmed diagnosis, you should be given an individualized plan that includes the diagnosis and any other medical concerns you may have. The PCC will make your individualized plan with assistance from a number of other medical providers at the facility. The individualized plan will be sent for final approval to a group called the Gender Dysphoria Treatment Committee. That Committee should look at your plan and make sure it is a good fit for your needs.
Some types of care that they can add to your plan include hormone therapy and meetings with an endocrinologist. Endocrinologists specialize in hormones and how they control metabolism, blood pressure, cholesterol, hunger, thirst, body temperature and more. Hormone therapy may be recommended if the facility’s Primary Care Provider believes that there would not be negative physical effects.
Sometimes, the plan also includes housing recommendations. Final decisions about your housing are the responsibility of the Department of Corrections. Every six months, you should get something called an Internal Housing Risk Factor Assessment. You can find that at the end of this document. This Assessment is to make sure that your placement is correct for your case and includes a review of any safety risks you may be exposed to.
If you are going to be transferred, then the facility has to follow a special Transportation plan called “103 DOC 530, Inmate Transportation”. This is not available to the public, but you can ask someone for a copy of it and they might provide one.
Also, once you have been identified as Gender Non-Conforming, you have a right to shower separately from other people in your facility. This rule is part of a document called 103 DOC 750, number 11, which you can find here. Whether you have a “Gender Dysphoria” diagnosis or not, you should be allowed to shower, perform bodily functions, and change your clothing without non-medical staff of another gender viewing your body, except if there is an emergency.
What if the Gender Dysphoria Treatment Committee doesn’t approve my plan?
If the Treatment Committee doesn’t approve your plan, they need to provide specific and justifiable reasons in writing. Their reasons need to explain why they are denying the recommended treatment. They have to base their decision off of proof that your treatment plan presents an overwhelming security, safety, and/or operational concern.
What are my rights once I have a treatment plan?
Your treatment plan should contain at least three parts. You should be able to participate in at least monthly individual appointments with the facility’s mental health provider. Your treatment plan should also have personalized recommendations about clothing and canteen items that are approved for your use. If you are a woman seeking to be reassigned to a female facility, then you should be able to purchase clothing items and articles available to male individuals as well as female individuals with the same security clearance as you. You can find a full list of the types of items you are allowed to purchase and keep here.
If there are parts of your Treatment Plan that you do not want to participate in, then the facility should write those down and make potential modifications to the plan if medically necessary.
If you already took hormones before entering your facility, then you should tell the PCC that as soon as possible. They will want to review your Release of Information and prior medical records so that they can continue your care. If you don’t want to give them a Release of Information, then you don’t have to, but that may mean that your care plan changes and you can’t access hormones or other medical care you want.
Is there any way for my treatment plan to be taken away?
There could be a time that the facility decides that your treatment plan presents an “overwhelming security, safety or operational” difficulty. If they want to make that claim, then the Director of Behavior Health has to refer the treatment recommendation to two people: the Deputy Commissioner of the Prison Division, and the Deputy Commission of Re-entry. They will complete a “security review”, which takes into account your personal history, how long you have been at that facility or other facilities, and your current situation.
If those two people agree that your plan presents a security, safety, or operational problem, then they have to forward your plan to the Commission for a final review. If the Commissioner agrees and wants to reject your treatment plan, then that security review needs to include specific and justifiable reasons for denying it. The review also needs to be in writing. It has to be completed within 60 days.
What is the Prison Rape Elimination Act?
The Prison Rape Elimination Act (PREA) is a federal law passed in 2003. Under PREA, rather than automatically assigning people to a facility, transgender and intersex people are assessed for potential safety threats and housed “on a case-by-case basis” according to gender identity. Correctional staff have to consider housing and program assignments at least twice a year to review any threats to safety experienced by transgender and intersex people living in prison.
According to the law, they also have to take into account your own view of your safety. They are not allowed to separate you for housing or other program placements based solely on your LGBT status.
PREA also protects “involuntary segregation”, or the removal of a person to a different housing assignment against their will. You cannot continue to be kept in a different part of the prison against your will unless prison officials have determined that there is no other way to keep you safe. They have to make that determination within the first 24 hours if they do place you in separate housing against your will. People cannot be segregated against their will for more than thirty days, and they must be given access to all of the same work, educational, and programming opportunities as any other person.
All LGBT people have the right to be respected under law, even as people make their own choices about when to be out and to whom.
Safety & Respect in Public Spaces
You have the right to be protected from discrimination in public accommodations (medical, offices, hospitals, and other areas) if you are LGBT or if you are perceived as LGBT.
Facilities
You have the right to use restrooms and other gender-differentiated facilities consistent with your gender identity.
Guardianship & Conservatorship
In guardianship and conservatorship cases, you have a right:
to request a lawyer; if you cannot afford a lawyer, ask for one to be provided for you
to have your preference considered for your guardian or conservator
to notification of any cases involving yourself, your spouse, or anyone that you have been caring for
to continue practicing your religion after a guardian or conservator has been appointed.
Health Care Proxy (HPC) & Power of Attorney (POA)
You can designate who you want to make your health care decisions (Health Care Proxy) and your financial decisions (Power of Attorney) in case you are ever unable to make them.
HPCs and POAs are especially important for ensuring same-sex partners have the right to make decisions, even if they are not blood relatives or legal next-of-kin. In Massachusetts, you can also nominate a guardian, and that is given consideration by courts if you later have court proceedings about your person.
Social Security
The Social Security Administration recognizes all legal marriages. Some benefits are spousal benefits during life and survivor benefits after death, including a small amount for funeral expenses.
Note: Be aware that it is not always economically advantageous to be legally married; see a lawyer for advice on how you should protect your rights.
Medicare & Medicaid (MassHealth)
Medicare provides help with the cost of healthcare, but be sure to apply before you turn 65. If you don’t sign up before you become eligible for Medicare, you may be subject to higher premiums.
Medicaid may cover some assisted living expenses.
If your prescription medications are too expensive, there are local and state programs that can help you. Ask your pharmacist about discount programs and assistance.
Has Medicare denied you service, coverage, or payment? Are you not sure how to get the care you need? Contact GLAD Answers to get connected with legal aid.
Lwa MA yo entèdi diskriminasyon sou baz oryantasyon seksyèl ak idantite oswa ekspresyon seksyèl nan:
Travay: yo pa ka refize ou travay, revoke ou oswa fè diskriminasyon kont ou nan lòt fason nan travay ou sou baz oryantasyon seksyèl, idantite oswa ekspresyon seksyèl ou.
Kredi
Lojman: vizite paj Kesyon ak Repons sa a pou kesyon yo poze souvan yo kont diskrimansyon nan lojman.
Aranjman piblik: sa yo gen ladan yo biznis oswa kote ki louvri pou piblik lan. Panse ak kabinè doktè ak lopital yo, ba, restoran, klèb sante, otèl ak ajans ki founi sèvis yo. Yo pa ka refize ou aksè oswa trete ou yon fason diferan nan okenn nan kote sa yo.
Swen sante: Divizyon Asirans MA a te soti yon bilten ki espesifik ak Eta a ki entèdi diskriminasyon nan kouvèti asirans epi refi tretman ki medikalman nesesè sou baz idantite seksyèl oswa disfori nan sèks.
Edikasyon
JWE WÒL PARAN
Moun LGBTQ ki selibatè yo ka adopte timoun nan MA
Yon moun ki gen yon relasyon menm sèks ka adopte timoun biyolojik patnè yo an.
Patnè LGBTQ yo ka adopte yon timoun ansanm kèlkeswa sitiyasyon matrimonyal yo (adopsyon konjwen)
Pou patnè ki pa marye yo ki itilize ART pou kreye fanmi yo, lè timoun lan fèt, ou gen dwa pou etabli parante atravè VAP lan (Rekonesans Volontè Parante).
SWEN SANTE
Pifò asirans yo entèdi pou retire swen sante ki lye ak tranzisyon yo nan kouvèti asirans lan| GLAD
MA te soti yon bilten ki espesifik ak Eta a konsènan swen sante ki lye ak tranzisyon yo.| Mass.gov
Lwa MA yo entèdi diskriminasyon nan swen sante yo sou baz oryantasyon seksyèl, idantite oswa ekspresyon seksyèl e plan asirans sante yo pa ka retire tretman pou disfori sèks yo yon fason kategorik.
Desizyon 12 jen 2020 HHS lan konsènan Seksyon 1557 Lwa sou Swen Abòdab yo pa ranplase lwa Eta a. Lwa MA yo kont diskriminasyon pral kontinye pwoteje aksè ak aranjman piblik pou trans ak moun ki pa konfòme yo ak idantite seksyèl yo. Desizyon Seksyon 1557 lan pa p afekte lwa Eta a.
MA gen lwa sou tès pou VIH ki pwoteje kont tès fòse yo ak/oswa yo pa di ou yo; ou pa ka blije fè yon tès VIH; konsantman oral ou obligatwa.
Lwa MA yo pwoteje konfidansyalite sitiyasyon VIH ou: founisè medikal yo revele bay pèsòn rezilta tès VIH ou an oswa sitiyasyon ou amwenske ou bay konsantman presi ou alekri.
Lwa MA yo entèdi diskriminasyon sou baz sitiyasyon VIH ou
Pèmisyon yon lòt moun pa obligatwa pou ou teste pou VIH, menm si ou gen mwens pase 18 lane
Pou plis enfòmasyon sou dwa ou yo antanke yon moun ki pozitif ak VIH nan MA, gade paj sa a.
DOKIMAN ID
Chanje sèks ou sou yon lisans pou kondi nan MA, ID Eta MA a, oswa sètifika nesans ou senp
Pou plis enfòmasyon konsènan dwa transjan yo nan MA, gade paj sa a.
JENÈS
MA gen yon lwa ki kont takinri ki entegre LGBTQ an: lekòl ou an dwe gen politik kont takinri ak asèlman, epi chak ane ou menm ak paran oswa gadyen legal ou yo dwe resevwa avi sou politik sa yo.
MA founi gid sou tretman ekitab elèv transjan yo: lekòl ou an dwe founi aksè egal pou pèmèt ou patisipe sou kondisyon egal nan tout pwogram lekòl yo, ansanm ak aktivite epi espò andeyò lekòl yo.
Fòmasyon GSA yo nan lekòl lan (ak menm privilèj epi resous ak tout lòt gwoup lekòl yo) pwoteje anba lwa MA yo.
Pou plis enfòmasyon sou dwa ou yo nan sistèm jistis pou minè yo, fwaye akèy yo oswa pandan ou ap resevwa sèvis DCF, gade paj sa a.
JWENN PLIS ENFÒMASYON AK ÈD JIRIDIK
Pou plis enfòmasyon apwopo dwa ak pwoteksyon ou yo, e pou referans, ou ka kontakte GLAD Answers, liy gratis ak konfidansyèl GLAD lan pou enfòmasyon jiridik. Resous ou pou dwa jiridik LGBTQ ak VIH ou yo! GLAD Answers | GLAD
As leis do estado do Massachusetts não permitem a discriminação com base na orientação sexual, identidade ou expressão de género em:
Emprego: não lhe pode ser negado emprego, não pode ser despedido nem discriminado de outras formas em contexto de trabalho com base na sua orientação sexual, identidade ou expressão de género.
Estabelecimentos públicos: nestes incluem-se negócios ou locais abertos ao público. Nestas incluem-se consultórios médicos e hospitais, bares, restaurantes, ginásios, hotéis e agências prestadoras de serviços. Não lhe pode ser negado o acesso nem ser sujeito a tratamento diferenciado em nenhum destes locais.
Cuidados de Saúde: a Divisão de Seguros de MA emitiu um boletim específico deste estado que proíbe a discriminação em coberturas de seguros e a recusa de tratamentos médicos necessários com base na identidade de género ou disforia de género.
Educação
PARENTALIDADE
As pessoas LGBTQ solteiras podem adotar crianças em MA
Uma pessoa numa relação homossexual pode adotar o filho/a biológico/a do seu parceiro/a
Os parceiros LGBTQ podem adotar uma criança conjuntamente, independentemente do estado civil (adoção conjunta)
Os parceiros não casados que usem a ART para criar a sua família, têm o direito de, quando a criança nascer, estabelecer parentesco através do processo VAP (Reconhecimento Voluntário de Parentesco)
CUIDADOS DE SAÚDE
A maioria das seguradoras estão proibidas de excluir da cobertura os cuidados de saúde relacionados com a transição | GLAD
O estado de MA possui um boletim específico do estado relativo aos cuidados de saúde associados à transição. | Mass.gov
As leis do estado do Massachusetts não permitem a discriminação em matéria de cuidados de saúde com base na orientação sexual, identidade ou expressão de género, e os planos de saúde não podem excluir categoricamente o tratamento da disforia de género.
A decisão do HHS (Departamento de Saúde e Serviços Humanos dos EUA) de 12 de junho de 2020 em relação à Secção 1557 da Affordable Care Act não substitui as leis estaduais. As leis não discriminatórias de MA irão continuar a proteger o acesso a estabelecimentos públicos por parte de transgênero e de pessoas que não se conformem com os estereótipos associados a um género. A disposição da Secção 1557 não irá afetar as leis estaduais de MA. Clique aqui para aceder às diretrizes de cirurgias de afirmação de género da MassHealth.
VIH/SIDA
A transmissão do VIH não é criminalizada no estado de MA
MA dispõe de legislação de testagem que impede a testagem coerciva e/ou não informada: não pode ser forçado a realizar um teste de VIH; é necessário o seu consentimento verbal
As leis do MA protegem a privacidade do estado serológico para o VIH: os prestadores de cuidados médicos estão proibidos de revelar os resultados dos seus testes ou o estado serológico para o VIH, salvo se der autorização específica, por escrito, para o efeito
As leis do estado do Massachusetts não permitem a discriminação com base no estado serológico positivo para o VIH
Não é necessária a permissão de terceiros para ser testado para o VIH, mesmo se tiver uma idade inferior a 18 anos
Para mais informações sobre os seus direitos enquanto seropositivo em MA, consulte esta página.
DOCUMENTOS DE IDENTIFICAÇÃO
A alteração do género numa carta de condução de MA, bilhete de identidade de MA ou certidão de nascimento é bastante simples
Precisa de ajuda a atualizar o seu marcador de género? Contacte o nosso Transgender ID Project.
Para mais informações relativamente aos direitos dos transgênero em MA, consulte esta página.
JUVENTUDE
MA dispõe de uma lei anti-bullying inclusiva para LGBTQ: a sua escola tem de possuir políticas anti-bullying e antiassédio, e terá de ser informado anualmente, juntamente com os seus pais ou tutores, acerca destas políticas.
MA fornece orientações relativamente ao tratamento justo de estudantes transgênero: a sua escola tem de lhe proporcionar igualdade de acesso, e permitir que participe com as mesmas condições, em todos os programas escolares, incluindo desporto e atividades extracurriculares.
A formação de GSA (alianças sexuais e de género) no ambiente escolar (com os mesmos privilégios e recursos de todos os outros grupos escolares) está protegida pela legislação de MA
Para informações sobre os seus direitos no sistema penal juvenil, acolhimento familiar ou obtenção de serviços DCF (departamento de crianças e famílias), consulte esta página.
OBTENHA MAIS INFORMAÇÕES E APOIO JURÍDICO
Para mais informações sobre os seus direitos e proteções, e para efeitos de referências, poderá contactar a GLAD Answers, a linha confidencial e gratuita de informações jurídicas da GLAD. O seu recurso de direitos legais em matéria de LGBTQ E VIH! GLAD Answers | GLAD
Positive School Climate is Crucial to Educational Success, Massachusetts Association of School Superintendents Tells First Circuit in Foote v. Ludlow School Committee Amicus Brief
The brief presents research about the importance of providing a supportive school environment to improve educational outcomes. It highlights the role of students’ trusted relationships with and support from teachers and school staff in academic achievement and performance. It also argues that courts should continue the wide berth accorded to educators about how to teach and support student learning rather than create a new constitutional rule requiring schools to disregard student rights and to report on student conversations.
In the case, parents challenged actions taken by teachers and staff at a Ludlow school to support the well-being of two students, including using the students’ requested names and pronouns and waiting to share that information with the parents until the students themselves were ready to do so or finished doing so. The District Court dismissed the case, concluding that the plaintiffs did not present adequate specific facts supporting a legal claim that the school’s actions were a violation of their rights as parents.
“To be sure, parents have rights to be involved in their children’s educations. Schools also have to respect nondiscrimination laws and students’ privacy and confidentiality rights,” said Mike Long,General Counsel to MASS. “When schools maintain a welcoming environment with positive relationships between students and their teachers and other educators, and also encourage young people to bring their families into important parts of their lives, we respect the concerns of everyone and maintain the trust and safety that are so critical to the learning environment.”
The MASS brief supports the District Court’s conclusion that the plaintiffs failed to raise specific and plausible factual details to support their claimed legal theories and urges the First Circuit to uphold the lower court’s dismissal. The brief also cites substantial research supporting the actions taken by school staff, including waiting to discuss students’ gender expression at school with parents until the students themselves were ready to do so (and the complaint acknowledges that one was in the process of doing so), as squarely within the purview of educators and other school personnel to create an effective learning environment.
“A robust body of research shows that positive school climate programs and practices, including trusted relationships with adults, is critical to academic success for all students,” said Mary Bonauto, Senior Director of Civil Rights and Legal Strategies at GLBTQ Legal Advocates & Defenders (GLAD). “Courts give a wide berth to school officials to manage school functioning and learning even when parents disagree about aspects of that management. When teachers and other educators acknowledge and respect students including their requested names and pronouns, that creates the safety that allows brain development and learning to flourish while also meeting the requirement of equal educational opportunity. Parents have a right to be involved in their children’s education, but parents and students have navigated these and other issues before without a new constitutional mandate of disclosure and can do so today.”
“Supporting students sometimes means empowering them to share important parts of themselves with their families on their own terms,” said Chris Erchull, GLAD Attorney. “Who among us has not needed time and support at times before sharing something deeply important and personal with those we love?”
Excerpts from the brief are as follows:
[S]uperintendents and school administration, teachers, and staff seek to ensure that students are safe, supported, protected, and can learn what they need to succeed. Schools center students. They talk with students who reach out to them and they seek never to convey an unwillingness to engage with students and their concerns. This is, of course, a matter of decency and respect to the students and their families; it is also central to the educational mission. Amici know how bounded, caring, respectful relationships between students and teachers and other educators are fundamental to positive school environments and benefit students academically, socially, and emotionally. Parents and schools are natural partners in supporting young people at school. However, as much as parents have rights to be involved in their child’s education, that is different from rigid requirements to disclose to parents matters about which the student is not yet ready to discuss at home…. Such a requirement would also be difficult to cabin, and would likely eviscerate the student’s sense of belonging at school, thus cutting at the heart of positive school climate efforts and the success that follows. (page 21-22)
Trusting relationships between teachers, and educators, and students are foundational to positive school climate. Research overwhelmingly demonstrates that positive school climate contributes to better academic and individual wellbeing outcomes for all students…(page 10-11)
Decisions about how to create a positive school climate for engaged learning, academic achievement, and academic performance belong with schools, including making sure adults can talk with students and are able to support students when they seek assistance. These matters are squarely within educator expertise. As this Court recently observed, “the Supreme Court has repeatedly emphasized the necessary discretion school officials must exercise and the attendant deference owed to many of their decisions.” Norris v. Cape Elizabeth Sch. Dist., 969 F.3d 12, 29 (1st Cir. 2020). To be sure, courts must “interpret and apply the law,” but not “substitute [their] own notions of sound educational policy for those of the school authorities which [they] review.” Albright v. Mt. Home School District, 926 F.3d 942, 948 (8th Cir. 2019)…. [This goes to] furtherance of “the legitimate pedagogical purpose of fostering an educational environment” where all students, including LGBTQ students, can thrive. (page 35-36)
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