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Bending the Mold: an Action Kit for Transgender Students

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Bending the Mold: an Action Kit for Transgender Students BENDING THE MOLD AN ACTION KIT FOR TRANSGENDER STUDENTS TABLE OF CONTENTS Introduction . 1. How Does Your School Measure Up? . .4 . How to Be a Transgender Ally . .5 . Your Social Change Toolkit . .6 . Preventing Violence and Bullying . 8. Securing Freedom of Gender Expression . 10. Promoting Transgender-Inclusive Policies . 12. Building Community and Fighting Invisibility . .14 . Protecting Confidentiality . .16 . Making Bathrooms & Locker Rooms Accessible . .18 . Fighting for Equality in Sports Teams . 20. Accessing Health Care . 22. Glossary . 24. Resources . 26. Appendix: Sample Model School Policy . .30 . A joint publication by Lambda Legal and the National Youth Advocacy Coalition (NYAC) Dedicated to Lawrence King, 1993-2008, whose memory inspires us to keep building a world in which gay, lesbian, bisexual, transgender and gender non-conforming youth can live freely and without fear. BENDING THE MOLD AN ACTION KIT FOR TRANSGENDER STUDENTS Transgender and gender-nonconform- students is an ever-present danger. ing students come out every day all The February 12, 2008 shooting of A May 2007 Gallup poll found that over the country, and they deserve to Lawrence King, a gender-nonconforming 68 percent of people are in favor of be treated with respect and fairness. junior high school student in Oxnard, expanding federal hate crimes laws Some schools are already supportive of California, was a tragic reminder of the to cover sexual orientation, gender gay, lesbian and bisexual students, but hate and fear that still haunt us. and gender identity. need more education around transgen- In Focus: Hate Crimes, Gay & Lesbian Alliance der issues. Other schools discourage Whether you’re transgender or Against Defamation, www.glaad.org diversity in both sexual orientation and gender-nonconforming, questioning or gender identity, and suppress or punish an ally, this kit is designed to help you The total number of victims certain forms of gender expression. make your school a safer place. We’ve reporting anti-LGBTQ violence But transgender people of all ages included ideas and information to in 2007 was 2,430. Two hundred are steadily organizing, advocating help you advocate for change. There’s and eighty-eight (16%) of the and winning legal battles, and those also an extensive list of resources to total incidents reported in victories are strengthening our suc- help you connect with the transgender 2007 were, in whole or in part, cesses in the classroom. Transgender community and find support. transgender-specific. and gender-nonconforming youth are Anti-Lesbian, Gay, Bisexual and Transgender a key part of the transgender rights Our rights are most valuable when we Violence in 2007, A Report of the National Coalition of Anti-Violence Programs, www.ncavp.org movement, and momentum is building. know about them and use them. Use Our voices can be heard everywhere. the information in this kit to get started, and reach out to each other — and At the same time, violence against Lambda Legal — for help. The world is transgender and gender-nonconforming changing, one voice at a time. LAMBDA LEGAL BENDING THE MOLD: AN ACTION KIT FOR TRANSGENDER STUDENTS 1 SOME POTENTIAL SOURCES OF LEGAL PROTECTION State or local statutes in your jurisdic- protection of the laws, the right to free tion may ban educational discrimina- expression and the right to due process. tion or bullying on the basis of gender Your state constitution may have similar identity. Other state or local protections or stronger provisions. Schools and may outlaw discrimination on the basis other government bodies must present of sex or perceived sexual orientation, valid reasons for treating one group prohibit discrimination in places of differently from another before they can public accommodation (like schools in infringe on these important rights. some instances and other places like restaurants or shopping centers) or Instead of resorting to lawsuits, which protect privacy. can take years, most transgender students resolve school problems Federal statutes, including the Equal through negotiation. There is no one- Access Act or Title IX of the Education size-fits-all formula for addressing any Amendments Act of 1972 (which bans given scenario involving discrimination, sex discrimination in education), may and there is no way to know what legal provide protections. remedies might be available without consulting the laws in your jurisdiction. The U.S. Constitution offers a host of See page 13 for more information on protections, including the right to equal where to start looking. 2 LAMBDA LEGAL BENDING THE MOLD: AN ACTION KIT FOR TRANSGENDER STUDENTS BEYOND THE CLASSROOM Although this toolkit focuses on the problems transgender and gender- nonconforming youth face in schools, a host of other challenges exist outside the classroom. Too often, transgender youth are kicked out of their homes after they come out to their family, or endure mental or physical abuse that may lead them to run away from home. Homeless transgender youth may discover that shelters don’t respect their gender identity. Mistreatment in foster care placements and juvenile justice facilities is common. Problems with police harassment; discrimination in employment, housing and public benefits; and trouble obtaining identity documents bearing the correct infor- mation may create yet more hardships. Transgender youth facing these and related problems are encouraged to consult the Resources list at the end of this toolkit and to contact Lambda Legal for assistance. LAMBDA LEGAL BENDING THE MOLD: AN ACTION KIT FOR TRANSGENDER STUDENTS 3 HOW DOES YOUR SCHOOL MEASURE UP? Has your school published guidelines Do counselors provide helpful The following questions will help to promote the respectful treatment resources and referrals? you measure how effectively your of transgender students? school supports transgender Are students allowed to express their youth. If you are not sure of the Are gender identity and expression gender at events like school dances, answers, check with teachers, your included in your school’s nondiscrimi- field trips and graduation? principal or your school board. If nation policy? your school doesn’t measure up, Do students experience prejudice you may wish to contact Lambda Do faculty and staff members respect or intimidation due to their gender Legal, NYAC or one of the other and honor students’ gender identity identity? organizations listed in Resources and expression? on page 26. Do students know what to do and Are teachers, counselors and staff who to talk to if they’re intimidated, trained on transgender issues? threatened or harassed because of their gender identity or expression? Does your school hold assemblies and/or invite guest speakers to Are restroom facilities safe and discuss transgender issues? accessible for transgender students? If there is a school dress code, does it respect gender identity? Do school records, identification cards, class rosters and transcripts reflect transgender students’ gender identity and preferred name? 4 LAMBDA LEGAL BENDING THE MOLD: AN ACTION KIT FOR TRANSGENDER YOUTH HOW TO BE A TRANSGENDER ALLY DON’T MAKE ASSUMPTIONS EXAMINE YOUR OWN Understand what Don’t assume that you can tell what PRIVILEGE AND BIASES GENDER IDENTITY MEANS gender a person is, what restroom We live in a society with rigid gender Each person’s gender identity is someone belongs in or what pronoun roles, where we’re often rewarded for authentic for that person. Some people someone prefers just by looking. If falling squarely in one category or an- have gender identities and expressions you’re not sure, consider asking: other — male or female, masculine or that challenge the binary of female and “Do you mind if I ask which pronoun feminine. We call this a binary system, male. Don’t be afraid to ask respectful you prefer?” where any in-between or crossover is questions of a trusted transgender either ignored or discouraged, and friend or family member, but remember Create A SAFE AND OPEN people who do not fit clearly in one of that transgender people — even your ENVIRONMENT these categories face discrimination. friends and family — are not solely Work toward creating an affirming A person who does fit within this responsible for educating you. Finally, environment where individual gender binary can rely on their privilege — the don’t forget that gender identity and expression is supported and where privilege of being in a dominant group expression are only two aspects of a there is room for dialogue and that is more accepted than the minor- whole person. discussion. Challenge homophobic ity — to stifle difference or to ignore and transphobic remarks and jokes. hardships the minority group faces. To WALK THE walk Use inclusive, non-gender-specific be a true ally, it helps to notice your Support your friend or family mem- language. Support others who chal- comfort level with different types of ber’s gender identity and expression. lenge inappropriate behavior. “What gender expression and see how this Volunteer for a transgender rights are you?” or “What genitals do you affects your interactions with others. organization or community group. have?” are never appropriate ques- Educate yourself about dismantling Admit when you’re wrong and don’t tions to ask. privilege and challenging prejudice. get defensive. Listen and learn. LAMBDA LEGAL BENDING THE MOLD: AN ACTION KIT FOR TRANSGENDER YOUTH 5 YOUR SOCIAL CHANGE TOOLKIT KEEP IN MIND: Start a conversation with parents and Become a member
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