The Department of Education Moves to Stop Bullying of LGBT Students

It's about time. The United States Education Department has responded to the recent slew of highly-publicized suicides by bullied LGBT youth.

Mr. Change himself, President Obama, and his administration have launched a campaign aimed at eradicating anti-gay harassment in schools by reminding educators that federal law dictates protection from discrimination. The Education Department's Office of Civil Rights unleashed an advisory Tuesday that outlines how civil rights law relates to the recent gay teen suicides.

This news comes only a week after President Obama released his own "It Gets Better" video for LGBT youth.

"Our goal here is to provide school districts, colleges and universities with details about when harassment can rise to the level of a civil rights violation and what they should be doing about it," said Assistant Education Secretary for Civil Rights Russlynn H. Ali, who wrote the advisory.

Ali used specific examples and scenarios on gay bullying as well as other types of discrimination, such as anti-Semitic sentiments and graffiti. It might all seem like a lot of talk, but the Department has warned that schools that do not comply with the civil rights law to protect gay students may miss out on funding dollars from the government.

While these laws explicitly state that students are protected from discrimination on race, gender, religion, national origin and disability, they do not mention sexual orientation. However, the advisory clearly mentions that these protections extend to LGBT students who are harassed for "failing to conform to sex stereotypes."

From now on, elementary schools, secondary schools and colleges must establish a plan for dealing with anti-discrimination when an incident occurs. Otherwise, they can face the loss of federal aid or suffer a visit from the Department of Justice. The Education Department used precedent to craft the advisory, as well as guidance from the George W. Bush administration's policies on gender and religious discrimination. I wonder how good 'ole George W. would feel about that!

The Gay-Straight Alliance Network, which works inside schools to combat homophobia and transphobia, celebrated the advisory by the Department of Education, saying that the "letter sends a clear message to schools that they must take action to stop anti-LGBT bullying when it is based on gender expression. Short of Congress passing the federal Student Non-Discrimination Act, which will protect students from harassment based on their sexual orientation and gender identity and expression, this is a key step in addressing the epidemic of anti-LGBT bullying that has led to a tragic number of teen suicides in recent months."

It's a small step forward — a very small one! — but one that I'm hopeful can help to keep this conversation going. Now how about the federal government walk and chew gum at the same time with some other pressing LGBT issues. Today, gay bullying. Tomorrow, "Don't Ask, Don't Tell." Or the Defense of Marriage Act. You choose.

Photo credit: meadowsa