PRACTICE KIT 10
LGBTQ Youth Advocacy
April 2018
PRACTICE KIT 10 LGBTQ Youth Advocacy April 2018
TABLE OF CONTENTS
1. Introduction
2. Working With LGBTQ Youth
3. Education
4. Housing and Placement
5. Health Care
6. Juvenile & Criminal Justice
7. Employment
8. Name and Gender Change
9. Additional Resources
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TABLE OF CONTENTS
I. Introduction a. Overview
II. Working With LGBTQ Youth a. Acronyms and Terminology i. Overview ii. Acronyms iii. Other Terminology iv. Additional Resources b. Legal Rights and Protections i. Federal Non-Discrimination Law Overview ii. District of Columbia Non-Discrimination Law Overview iii. Additional Resources c. Background Reading & Additional Resources i. An Introduction to the LGBTQ Experience ii. Understanding LGBTQ Youth iii. Best Practices for Working with LGBTQ Youth iv. Best Practices for Working with Transgender and Gender Expansive Youth
III. Education a. Legal Rights and Protections i. Federal Law Overview ii. Federal Law Resources iii. District of Columbia Law Overview iv. Maryland Law Overview v. Organizations, Offices, and Other Contacts b. LGBTQ Youth in School i. Bullying, Harassment, and Discrimination ii. For Students iii. For Caregivers, Educators, and Other Advocates iv. Organizations and Other Programs c. Unique Issues for Transgender and Gender Expansive Students i. Safety & Inclusivity ii. Transitioning in School iii. Additional Resources iv. Organizations and Websites
IV. Housing and Placement a. Legal Rights and Protections i. Federal Law Overview
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ii. District of Columbia Law Overview iii. Organizations and Websites b. LGBTQ Affirming Placements & Permanency i. Overview ii. Identifying an Affirming Placement and Achieving Permanency iii. Supporting Transgender and Gender Expansive Youth iv. Resources for Foster Parents v. Organizations and Other Programs
V. Health Care a. Legal Rights and Protections i. Federal Law Overview ii. Federal Law Resources iii. District of Columbia Law iv. Offices b. LGBTQ Youth and Issues in Health Care i. Basic Information ii. Discrimination and Disparities iii. Standards of Care iv. Finding and Interacting with Providers v. Specific Health Care Issues vi. The Dangers of Conversion Therapy vii. Organizations, Providers, and Other Contacts c. Unique Issues Facing Transgender Youth in Health Care i. Basic Information ii. Discrimination iii. Standards of Care iv. Finding and Interacting with Providers v. Specific Health Care Issues vi. Transitioning vii. Additional Resources viii. Organizations, Providers, and Other Contacts
VI. Juvenile & Criminal Justice a. Legal Rights and Protections i. Overview ii. Federal Law iii. District of Columbia Law iv. Additional Resources v. Organizations b. LGBTQ Youth and Issues in the Justice System i. Discrimination and Abuse ii. School-to-Prison Pipeline & Disproportionate Representation iii. Supporting Youth & Improving Outcomes
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iv. Practice Guides & Tips for Advocates v. Transgender Youth vi. Organizations
VII. Employment a. Legal Rights and Protections i. Federal Law Overview ii. Federal Law Resources iii. District of Columbia Law iv. Maryland Law v. Additional Resources b. LGBTQ Youth and Issues in Employment i. Discrimination and Its Effects ii. Finding and Creating a Supportive Workplace iii. Transgender Employees iv. Organizations and Other Programs
VIII. Name and Gender Change a. Overview i. The Importance of a Name and Gender Change ii. Obtaining a Name and Gender Change b. Legal Rights and Protections: Washington, DC i. Overview of the Process ii. Important Forms iii. Relevant Law & Regulations iv. Additional Community & Legal Resources c. Legal Rights and Protections: Maryland i. Overview of the Process ii. Important Forms iii. Relevant Law & Regulations iv. Additional Community & Legal Resources d. Additional Resources i. Obtaining a Name and Gender Change in Virginia ii. Obtaining a Name and Gender Change in Other Jurisdictions iii. Updating Other Documents iv. Organizations
IX. Additional Resources a. Resources for LGBTQ Youth i. Foster Care & Independent Living ii. Coming Out iii. Organizations & Other Resources b. National & Local Organizations
LGBTQ Youth Advocacy Practice Kit Overview
Existing research has shown that lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth are overrepresented in foster care.1 One study found that approximately 13% of youth in foster care identify as LGBQ, compared to almost 7% in the general youth population, and approximately 5% of youth identified as transgender, while 2.25% of youth in the general population did.2
In addition to being at an increased risk for suicide, homelessness, and substance abuse,3 LGBTQ youth also face “a foster care system that is ill-equipped to competently meet their needs and subjects them to further bias and discrimination.”4 The American Bar Association’s Opening Doors Project reported that almost 75% of LGBTQ youth in foster care believe they experience prejudicial treatment by service providers because of their sexual orientation or gender identity.5 Another 70% of LGBTQ youth in a group home setting reported experiencing violence based on their identity and 78% were removed or ran away from placement because of hostility toward their LGBTQ status.6
The 5th edition of Children’s Law Center’s LGBTQ Youth Advocacy Practice Kit, updated as of April 2018, is intended to serve as a resource for attorneys to better support and advocate for LGBTQ youth in foster care. Previous editions of this practice kit included extensive attachments. In an effort to streamline and make it more user-friendly, all attachments have been removed and replaced by documents containing short descriptions and links to relevant resources.
The practice kit is divided into eight chapters. Chapter II, entitled “Working with LGBTQ Youth,” provides essential, basic information for any advocate, including an acronym and terminology guide and background reading. Chapters III-VIII explore key topical areas, including education, health care, and juvenile justice. All chapters contain (1) a subsection detailing the legal rights and protections afforded to LGBTQ youth in that topical area and (2) an issues subsection that explores problems and areas of concern for LGBTQ youth in that topical area. In Chapters IV, VI, and VII, resources that are specific to transgender and gender expansive youth can be found within those issues subsections, while Chapters III and V have a separate subsection highlighting unique challenges that are faced solely or primarily by transgender and gender expansive youth.7
As of April 2018, the most current and up-to-date information should be included in all areas covered in this Practice Kit; however, the landscape in this area is rapidly changing. As such, practitioners should independently verify that any guidance or resources are still current before employing them in practice.
1 HUMAN RIGHTS CAMPAIGN, LGBTQ YOUTH IN THE FOSTER CARE SYSTEM 2, https://bit.ly/2v1CThv. 2 Id. 3 MIMI LAVER & ANDREA KHOURY, OPENING DOORS FOR LGBTQ YOUTH IN FOSTER CARE: A GUIDE FOR LAWYERS AND JUDGES 8-9 (2008), https://bit.ly/2qaly0K. 4 HUMAN RIGHTS CAMPAIGN, supra note 1, at 2. 5 MIMI LAVER & ANDREA KHOURY, supra note 3, at 9. 6 Id. at 1. 7 Please note, while Chapters III and V have these separate subsections, many of the resources contained in the LGBTQ issues subsections in those chapters will still be applicable to transgender and gender expansive youth.
Working with LGBTQ Youth Acronyms & Terminology
Overview While many people likely know that LGBT stands for lesbian, gay, bisexual, and transgender, some may be less familiar with other acronyms and terminology that appear in the materials discussed in this practice kit. Below is a brief introduction to some of those terms, along with recommendations for other sources with more complete glossaries and explanations.
The charts provided in this section, along with the additional resources, are not comprehensive. Moreover, there are certain terms and acronyms that hold different meanings depending on the person, organization, or publication using it. Not everyone will agree with the wording of the definitions provided below, and there are many terms not included here or in the additional resources. Finally, terms and definitions in this area are continually changing and evolving. Multiple glossaries are provided in the additional resources section, in addition to the definitions provided here, that demonstrate the varied definitions of many of the terms discussed here.
While there is some discussion in this section of the varied meanings behind certain terms and acronyms, it is important to remember that, in practice, you should simply ask your client what terms they identify with or if there are terms they expressly do not want you to use to describe them. Materials specifically addressing how to talk with your clients about sexual orientation, gender identity, and gender expression are provided in the additional resources for this section.
Acronyms LGBTQ—Lesbian, Gay, Bisexual, Transgender, & Questioning1 Lesbian Describes a woman who is attracted to other women. Gay Describes a person who is attracted to individuals of the same gender. While historically used to refer specifically to men, it is often used to refer to women attracted to other women as well. Bisexual Describes a person who is attracted to both men and women, though not necessarily simultaneously. A bisexual person may not be equally attracted to both sexes. Transgender Describes a person whose gender identity and sex assigned at birth do not match. Questioning Describes people who are unsure of, or in the process of, discovering their sexual orientation or gender identity.
1 The definitions provided throughout this section are based on the terms found in the GLAAD Media Reference Guide, PFLAG National’s Glossary of Terms, and the Fenway Institute’s Glossary of LGBT Terms. See GLAAD, GLAAD MEDIA REFERENCE GUIDE (10th ed. 2016), http://www.glaad.org/sites/default/files/GLAAD-Media-Reference-Guide-Tenth-Edition.pdf; PFLAG NATIONAL GLOSSARY OF TERMS, https://www.pflag.org/glossary (last visited Jan. 1, 2018); NATIONAL LGBT HEALTH EDUCATION CENTER AT THE FENWAY INSTITUTE, GLOSSARY OF LGBT TERMS FOR HEALTH CARE TEAMS (Mar. 2016), https://www.lgbthealtheducation.org/wp-content/uploads/LGBT-Glossary_March2016.pdf.
While there are other acronyms used in the materials provided in the following chapters, this practice kit almost exclusively uses the acronym LGBTQ. Because our exclusive focus is advocacy on behalf of youth, we felt it was important to include “questioning” in our acronym because it is particularly applicable to that population.2
It is important to note that other acronyms may appear throughout the materials in this practice kit (e.g., LGBTQIA, LGBT, LGBTQ+, or GLBT), and they may each have different meanings. For example, the “Q” in LGBTQ can also stand for “queer,” and it more frequently does.3 Similarly, the “A” in LGBTQIA can stand for “asexual” or “ally.”4 While no one acronym is right or wrong, it should be kept in mind when reading through these materials that the terminology can vary from source to source.
SOGIE—Sexual Orientation, Gender Identity, & Gender Expression Sexual Describes a person's enduring physical, romantic, and/or emotional attraction to Orientation another person. Gender identity and sexual orientation are not the same. Transgender people may be straight, lesbian, gay, bisexual, or queer. For example, a person who transitions from male to female and is attracted solely to men would typically identify as a straight woman. Gender A person's internal, deeply held sense of their gender. Unlike gender expression, Identity gender identity is not visible to others. For transgender people, their own internal gender identity does not match the sex they were assigned at birth. Most people have a gender identity of man or woman (or boy or girl). For some people, their gender identity does not fit neatly into one of those two choices. As a result, they might identify as non-binary, genderqueer, or another term. Gender External manifestations of gender, expressed through a person's name, pronouns, Expression clothing, haircut, behavior, voice, and/or body characteristics. Society identifies these cues as masculine and feminine, although what is considered masculine or feminine changes over time and varies by culture. Typically, transgender people seek to align their gender expression with their gender identity, rather than the sex they were assigned at birth.
2 See generally, PFLAG, BE YOURSELF: QUESTIONS AND ANSWERS FOR LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH (2014), https://www.pflag.org/sites/default/files/Be%20Yourself.pdf. 3 Generally, queer is used to identify a person whose sexual orientation is not exclusively heterosexual; however, “queer” is not a universally accepted term within the LGBTQ community because of its historical use as a pejorative term. See GLAAD, supra note 1 at 6. 4 In the context of the LGBTQ community, “ally” is often used to refer to non-LGBTQ people who advocate for and support LGBTQ people. See Human Rights Campaign, Caring for LGBTQ Children & Youth 5, https://www.hrc.org/resources/all- children-all-families-caring-for-lgbtq-children-youth.
Other Terminology Sexual Orientation: Additional Terms to Know Asexual Describes a person who does not experience sexual attraction. A person can also be aromantic, meaning they do not experience romantic attraction. Pansexual Describes a person who is attracted to people of all genders and biological sexes. Often included under the umbrella of bisexuality. Queer An adjective used by some people, particularly younger people, whose sexual orientation is not exclusively heterosexual (e.g. queer person, queer woman). Typically, for those who identify as queer, the terms lesbian, gay, and bisexual are perceived to be too limiting and/or fraught with cultural connotations they feel don't apply to them. Some people may use queer, or more commonly genderqueer, to describe their gender identity and/or gender expression (see non- binary and/or genderqueer below). Once considered a pejorative term, queer has been reclaimed by some LGBT people to describe themselves; however, it is not a universally accepted term even within the LGBT community. When Q is seen at the end of LGBT, it typically means queer and, less often, questioning.
Gender Identity and Expression: Additional Terms to Know Assigned Sex The sex (male or female) assigned to a child at birth, most often based on the at Birth child’s external anatomy. Also referred to as birth sex, natal sex, biological sex, or sex. Cisgender A person whose gender identity and assigned sex at birth correspond (i.e., a person who is not transgender). Gender Refers to doctor-supervised surgical interventions, and is only one small part of Affirming transition (see transition above). Avoid the phrase "sex change operation.” Do Surgery not refer to someone as being "pre-op" or "post-op.” Not all transgender people (GAS) choose, or can afford, to undergo medical surgeries. Also referred to as sex reassignment surgery (SRS), gender confirming surgery (GCS), or medical transition. Gender In 2013, the American Psychiatric Association released the fifth edition of the Dysphoria Diagnostic and Statistical Manual of Mental Disorders (DSM-V) which replaced the outdated entry "Gender Identity Disorder" with Gender Dysphoria, and changed the criteria for diagnosis. The necessity of a psychiatric diagnosis remains controversial, as both psychiatric and medical authorities recommend individualized medical treatment through hormones and/or surgeries to treat gender dysphoria. Some transgender advocates believe the inclusion of Gender Dysphoria in the DSM is necessary in order to advocate for health insurance that covers the medically necessary treatment recommended for transgender people. Gender A term used to describe some people whose gender expression is different from Expansive or conventional expectations of masculinity and femininity. Gender Non- Please note that not all gender non-conforming people identify as transgender; Conforming nor are all transgender people gender non-conforming. Many people have
gender expressions that are not entirely conventional – that fact alone does not make them transgender. Many transgender men and women have gender expressions that are conventionally masculine or feminine. Simply being transgender does not make someone gender non-conforming. The term is not a synonym for transgender or transsexual and should only be used if someone self identifies as gender non-conforming or gender expansive. Gender Altering one's birth sex is not a one-step procedure; it is a complex process that Transition occurs over a long period of time. Avoid the phrase "sex change." Transition can include some or all of the following personal, medical, and legal steps: telling one's family, friends, and co-workers; using a different name and new pronouns; dressing differently; changing one's name and/or sex on legal documents; hormone therapy; and possibly (but not always) one or more types of surgery. The exact steps involved in transition vary from person to person. Intersex An umbrella term describing people born with reproductive or sexual anatomy and/or a chromosome pattern that can't be classified as typically male or female. Those variations are also sometimes referred to as Differences of Sex Development (DSD.) Avoid the outdated and derogatory term "hermaphrodite.” While some people can have an intersex condition and also identify as transgender, the two are separate and should not be conflated. Non-Binary Terms used by some people who experience their gender identity and/or gender or expression as falling outside the categories of man and woman. They may define Genderqueer their gender as falling somewhere in between man and woman, or they may define it as wholly different from these terms. These terms are not a synonym for transgender and should only be used if someone self-identifies as non-binary and/or genderqueer. Additionally, these are not the only terms used by individuals to describe themselves when they do not identify as male or female. (Biological) The classification of a person as male or female. At birth, infants are assigned a Sex sex, usually based on the appearance of their external anatomy. (This is what is written on the birth certificate.) A person's sex, however, is actually a combination of bodily characteristics including: chromosomes, hormones, internal and external reproductive organs, and secondary sex characteristics. Transgender People who were assigned female at birth but identify and live as a man may use Man (FTM) this term to describe themselves. They may shorten it to trans man. (Note: trans man, not "transman.") Some may also use FTM, an abbreviation for female-to-male. Some may prefer to simply be called men, without any modifier. It is best to ask which term a person prefers. Transgender People who were assigned male at birth but identify and live as a woman may Woman use this term to describe themselves. (MTF) They may shorten it to trans woman. (Note: trans woman, not "transwoman.") Some may also use MTF, an abbreviation for male-to-female. Some may prefer to simply be called female, without any modifier. It is best to ask which term a person prefers.
Additional Resources Terminology Guides Bi/Pan/Fluid 101 This short introduction, presented in pamphlet format, provides basic information on bisexuality, pansexuality, and related identities. It includes definitions for these terms, a discussion of the differences between them, common myths about bisexual and pansexual identified people, and an explanation and examples of biphobia.
Resource Highlight GLAAD Media Reference Guide Published by GLAAD, this guide’s target audience is journalists reporting for mainstream media outlets, but its content is applicable to anyone who wants to ensure they are using inclusive and respectful language when discussing LGBTQ identified people. The guide includes a detailed terminology list, charts of problematic and preferred terms, and a description of terms considered offensive or defamatory. There is also a guide to using names and proper pronoun usage.
Glossary of LGBT Terms for Health Care Teams Published by the National LGBT Health Education Center at the Fenway Institute, this glossary of terms is a helpful resource to understand various terms associated with gender transition or those more likely to be used in a medical context. It also includes definitions for many of the terms more commonly used when discussing LGBTQ identified people.
PFLAG National's Glossary of Terms This short glossary serves as a quick resource and has definitions provided in accessible language. It includes multiple definitions not provided in the other glossaries or guides provided here.
Understanding Non-Binary People: How to Be Respectful and Supportive This guide, published by the National Center for Transgender Equality, is a primer on non- binary people. It discusses the meaning of the term non-binary, provides basic facts about non- binary people, and a list of suggestions on how to supportively and respectfully interact with them.
Talking to Youth about Sexual Orientation, Gender Identity, and Gender Expression (SOGIE) Asking For and Using Pronouns: Making Spaces More Gender Inclusive This guide, although geared toward teachers and students, provides an excellent introduction into the importance of using correct pronouns, how you know which pronouns to use, and how to handle when you mistakenly use someone’s incorrect pronouns. It also includes a helpful, although by no means exhaustive, chart of conjugated pronouns, including she, he, they, it, ze, xe, and sie.
Resource Highlight CASA Conversations: Sexual Orientation and Gender Identity and Expression Published by California CASA, this guide is a basic guide to discussing sexual orientation, gender identity, and gender expression (SOGIE) with youth. It addresses how to start a conversation and common pitfalls to avoid when having conversations about SOGIE.
Creating Inclusive and Affirming Intake, Screening, and Assessment Tools This short guide, published by the 3/40 Blueprint Project, provides tips on ensuring your intake process is inclusive and affirming. It includes a sample intake, screening, and assessment form, a checklist of questions to use when evaluating your forms, and suggested questions to ask.
Enhancing Communication and Building Trust with LGBT Youth Published by the Equity Project, this lesson plan is designed to help participants to identify potential barriers to effective communication with LGBT youth and identify strategies to overcoming those barriers. It includes a lesson roadmap for trainers and detailed instructions on conducting each part of the training.
LGBTQ Youth in the Child Welfare and/or Juvenile Justice Systems Interviewing Tool This guide, published by the National Council on Crime & Delinquency, provides a list of guidelines for effectively engaging LGBTQ youth and sample intake and interview questions. All tips and sample questions are designed to help build rapport and create an environment where SOGIE can be more easily discussed.
Respectfully Asking Sexual Orientation and Gender Identity Questions Published by the New York City Administration for Children’s Services, this guide provides tips for advocates on how to discuss SOGIE questions with youth. It emphasizes that you should never assume anyone has a particular sexual orientation or gender identity, the use of appropriate terminology, and the importance of confidentiality when interacting with other adults in the youth’s life.
Working with LGBTQ Youth Legal Rights & Protections
Federal Non-Discrimination Law Overview Federal law does not provide universal protection against discrimination based on sexual orientation, gender identity, or gender expression. This is a developing area of the law, but the specific areas where federal law does provide protections are discussed below.
Until 2013, federal law explicitly denied same-sex couples many of the benefits available to opposite- sex couples. In US v. Windsor, however, the US Supreme Court found that the federal government’s denial of benefits to married same-sex couples violated the Fifth Amendment’s guarantee of equal protection.1 Additionally, the Court ruled in Obergefell v. Hodges that the exclusion of same-sex couples from the right to marry violated the Due Process Clause of the Fourteenth Amendment and that states must recognize lawful same-sex marriages performed in other states.2
Existing federal civil rights laws, including the Fair Housing Act and the Civil Rights Act of 1963, do not provide explicit protection against discrimination based on sexual orientation, gender identity, or gender expression. A number of cases in recent years have advanced the theory that transgender people are protected from discrimination under federal law on the basis of sex, but this effort has produced mixed results.3 While federal agencies have passed rules and issued guidance that provide some protection against discrimination based on sexual orientation or gender identity, much of this guidance has been revoked or is in question.4
Title IX of the Education Amendments of 1972 bans discrimination on the basis of sex in education. While Title IX does not explicitly prohibit discrimination on the basis of sexual orientation or gender identity, a guidance letter from the U.S. Department of Education’s Office for Civil Rights stated that it does protect all students, including LGBT students, from sex discrimination. 5 Meaning, public schools are required to take immediate and effective action to eliminate sexual or gender-based discrimination, bullying, or harassment of students. Title IX’s protections apply regardless of the actual or perceived sexual orientation or gender identity of the harasser or target.
Finally, federal law specifically provides for the prosecution of certain violent acts based upon the victim’s actual or perceived gender, sexual orientation, or gender identity.6 Enacted in 2009, these classifications were part of an expansion of existing federal hate crime law.7
1 US v. Windsor, 570 U.S. 12 (2013). 2 Obergefell v. Hodges, 135 S. Ct. 2584 (2015). 3 84 A.L.R. Fed. 2d 1 (Originally published in 2014). 4 See “Dear Colleague” Letter from Sandra Battle, Acting Assistant Sec’y for Civil Rights, U.S. Dep’t of Educ. and T.E. Wheeler, Acting Assistant Attorney Gen. for Civil Rights, U.S. Dep’t of Justice., Withdraw of Title IX Guidance (Feb. 22, 2017), https://www.justice.gov/opa/press-release/file/941551/download. 5 See “Dear Colleague” Letter from Russlynn Ali, Assistant Sec’y for Civil Rights, Dep’t of Educ., Harassment and Bullying (Oct. 26, 2010), https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.pdf. 6 18 U.S.C. § 249 (2012) (available here). 7 See Hate Crimes Law, Human Rights Campaign, https://www.hrc.org/resources/hate-crimes-law. (last visited Dec. 28, 2017).
District of Columbia Non-Discrimination Law Overview In contrast to federal civil rights law, the District of Columbia Human Rights Law provides LGBT people expansive protection against discrimination.8 First enacted in 1977, the law explicitly prohibits discrimination on the basis of sexual orientation, gender identity, or gender expression.9 Its protections apply in multiple contexts, including educational institutions, employment, places of public accommodation, public services, and housing accommodations.10 Additionally, district government employees or agencies are also specifically prohibited from discriminating on the basis of sexual orientation, gender identity, or gender expression.11
In practice, this means the DC Human Rights Law protects students in DC public schools from any form of discrimination or bullying on the basis of their sexual orientation, gender identity, or gender expression.12 It also protects LGBT youth involved with Child and Family Services Agency (CFSA) from discrimination by CFSA employees or foster parents and requires those committed to the Department of Youth Rehabilitative Services be treated in a non-discriminatory manner.13
To enforce these protections, the law establishes the Office of Human Rights14 and the Commission on Human Rights.15 The Office of Human Rights has the authority to investigate complaints of discrimination, hold public hearings, adopt and promulgate rules and procedures, and certify complaints of discrimination for adjudication by the Commission on Human Rights.16 The Commission has the power to hold administrative hearings on complaints brought by the Office. Its authority includes the power to order respondents to cease and desist unlawful discriminatory practices and take certain affirmative actions, including the hiring or rehiring of an employee, the extension of full, unsegregated accommodations, the payment of compensatory damages, and/or the payment of civil penalties.17
Filing a Complaint with the DC Office of Human Rights (OHR) How to File a Complaint With OHR & Complaint Forms o To file a complaint with OHR, simply complete an intake questionnaire and submit it to OHR. Intake forms for a variety of complaints are available at the link above in multiple languages. o Generally, anyone may file a discrimination complaint if they believe they have been discriminated against in employment, housing, public accommodations, and educational institutions based on a protected trait. OHR Complaint Process & Timeline o This link contains the complaint process and timeline overview for employment, public accommodations, educational institution, and housing complaints.
8 See D.C. Code §§2-1401.01-2-1404.04 (available here). 9 Id. 10 D.C. Code §§2-1402.01-2-1402.83 (available here). 11 D.C. Code §2-1402.73 (available here). 12 D.C. Code §2-1402.41 (available here). 13 See D.C. Code §2-1402.73 (available here). 14 D.C. Code §2-1411.01 (available here). 15 D.C. Code §2-1404.01 (available here). 16 DC Code 2-1403.01 (available here). 17 DC Code §2-1403.13 (available here).
Additional Resources Federal Resources: Administration for Children and Families Information Memorandum Issued on April 6, 2011, this Information Memorandum (IM) discusses the overrepresentation of LGBTQ youth in the child welfare system. It is meant to encourage agencies, foster and adoptive parents, and others who work with foster youth to make efforts to support LGBTQ youth during their time in care. It also contains a limited list of additional resources.
Lambda Legal: Know Your Rights This section within Lambda Legal’s website provides basic information on the individual rights of LGBT employees & employees with HIV, LGBTQ teens and young adults, and transgender people. It also contains information on handling discrimination in the judicial system.
The Legal Rights of Lesbian, Gay, Bisexual, and Transgender Youth in the Child Welfare System This document, published by the National Center for Lesbian Rights, discusses some of the rights LGBT youth in the child welfare system have under federal and state law. Although state law is discussed more generally, this resource cites almost exclusively federal case law, the U.S. Constitution, and a variety of non-legal secondary sources.
The Legal Rights of Young People in State Custody: What Child Welfare and Juvenile Justice Professionals Need to Know When Working with LGBT Youth This article, published by the National Center for Lesbian Rights, primarily discusses the rights of LGBT youth in state custody under federal law. It explores federal case law and constitutional provisions that support a youth’s right to safety in foster care; right to protection of physical, mental, and emotional well-being; right to services to prevent harm; and right to monitoring and supervision. It also contains information on an LGBTQ youth’s rights in the juvenile justice system and under the U.S. Constitution more broadly.
Transgender Rights Toolkit: A Legal Guide for Trans People and Their Advocates This toolkit is designed to assist transgender people and their advocates in navigating through daily life. Topics covered include fighting incarcerated transgender people, workplace rights and wrongs, access to public restrooms, identity documents, immigration issues, health care discrimination, transition-related health care, survival tips for trans youth, and transgender college students. Individual chapters can be accessed and downloaded at this link.
District of Columbia Resources: District Requirements in Public Accommodations—Gender Identity and Expression Fact Sheet This is a fact sheet published by the DC Office of Human Rights. It provides a brief introduction to applicable requirements under the DC Human Rights Act, how that law is applied, and when the law must be enforced. Legal citations are provided throughout.
D.C. Transgender, Transsexual, & Gender Non-Conforming People: Know Your Rights! Published by the DC Trans Coalition (DCTC), this know your rights guide summarizes trans people’s rights in DC under the D.C. Human Rights Act, with the Metropolitan Police Department, in D.C. Public Schools, with the D.C. Department of Corrections, and with regards
to employment, housing, identity documents, and intimate partner violence. Intended for a general audience, it is written in accessible language and is formatted as a pamphlet.
Protected Traits in the DC Human Rights Act This document, published by the DC Office of Human Rights, provides a comprehensive list of traits protected under the DC Human Rights Act in the areas of housing, employment, public accommodations, and educational institutions. The list designates which traits are protected in all the aforementioned contexts and those that protected on a more limited basis.
Safe Bathrooms DC Under DC Municipal Regulations, businesses with single-stall public bathrooms are required to identify them as gender-neutral. Meaning, any single-stall public bathroom should not have signs designated them as a men or women’s room but should only display a sign that says “restroom.” The above link provides information on the efforts by the DC Office of Human Rights to enforce this regulation along with information on how to report a non-complying business. A report of non-compliance can also be submitted via this link.
Working with LGBTQ Youth Background Reading & Additional Resources
An Introduction to the LGBTQ Experience 10 Anti-Gay Myths Debunked This brief article, published by the Southern Poverty Law Center, explores ten myths propagated by the anti-gay movement. It provides the argument behind and facts that disprove each myth. Numerous links are included throughout the article to support all assertions.
An Ally’s Guide to Issues Facing LGBT Americans This is a primer for allies that introduces major areas in which LGBT Americans face challenges in fully participating in life. Areas discussed include employment, physical and mental health, healthcare access, and discrimination.
Accelerating Acceptance 2017: A Harris Poll Survey of Americans’ Acceptance of LGBTQ People While the LGBTQ community has seen remarkable progress in the United States in recent decades through both legal and cultural acceptance, this survey, published by GLAAD, reveals that nearly one third of Americans remain uncomfortable with their LGBTQ family members, coworkers, and neighbors. The report describes the results of the Harris Poll survey and gives a detailed breakdown of the acceptance of LGBTQ people in a number of different areas.
Answers to Your Questions for a Better Understanding of Sexual Orientation This resource page, assembled by the American Psychological Association, answers basic questions about sexual orientation, including how people know their sexual orientation, what causes a person to have a particular sexual orientation, and the psychological impact of prejudice and discrimination. A downloadable version of this pamphlet version is available at the above link in English, Spanish, Arabic, Chinese, and Russian. It is important to note that, while the terms “homosexuality” and “homosexual” appear throughout this resource, these terms should be avoided in everyday use and are considered by many to be offensive.1
Debunking the “Bathroom Bill” Myth Although the target audience for this guide is journalists reporting on transgender issues, it provides a solid background on LGBTQ-inclusive nondiscrimination laws and ordinances and emphasizes how those legal protections, or lack thereof, impact transgender people. It contains a section with helpful tips on respectfully addressing a transgender person and a short list of terminology and terms to avoid using, both in conversation and writing.
Transgender People, Gender Identity and Gender Expression This resource page is a companion to Answers to Your Questions for a Better Understanding of Sexual Orientation. It answers basic questions about, amongst other things, the difference
1 See GLAAD, GLAAD Media Reference Guide 8 (10th ed. 2016), http://www.glaad.org/sites/default/files/GLAAD-Media- Reference-Guide-Tenth-Edition.pdf.
between sex and gender, the relationship between gender identity and sexual orientation, and discrimination faced by transgender people. A downloadable version of this pamphlet version is available at the above link in English, Spanish, Arabic, Chinese, and Russian.
Understanding LGBTQ Youth Gay, Lesbian, Bisexual, Transgender and Questioning (GLBTQ) Youth: A Population in Need of Understanding and Support This short fact sheet provides basic information and statistics on discrimination faced by LGBTQ youth. Topics covered include the complexity of sexuality and gender, family rejection and school safety, the forms of oppression faced by LGBTQ youth of color, and the increased rates of drug use, suicidal ideation, and unprotected sex for which LGBTQ youth are at risk.
Growing Up LGBT in America: HRC Youth Survey Report This report details the results of a survey of more than 10,000 LGBT-identified youth ages 13-17. The survey assessed key factors that impact the daily lives of LGBT youth. There are several supplementary reports based on this data that focus on gender expansive youth, bisexual youth, Latino LGBT youth, and coming out experiences.
LGBTQ Youth in the Foster Care System This report provides a brief introduction to the issues this population faces in the foster care system, including how the enter into care and the discrimination they face once placed. It also includes several personal stories directly from LGBTQ youth who were in foster care.
Best Practices for Working with LGBTQ Youth Caring for LGBTQ Children & Youth: A Guide for Child Welfare Providers Published by the All Children—All Families program at the Human Rights Campaign (HRC), this guide provides basic information on working with LGBTQ foster youth. It includes a terminology guide, basic key tips on supporting LGBTQ children and youth, and a summary of relevant data from the Growing up LGBT in America survey, which is provided in its entirety above. A list of additional resources, primarily national organizations and other HRC publications, is also included.
Resource Highlight beFierce!: A Toolkit for Providers Working with LGBTQ Foster Youth This toolkit seeks to support providers in learning how to take a holistic view of LGBTQ foster youth. It explores numerous topics, including the frames providers use to view LGBTQ foster youth and the impact of those perspectives, how the intersections of all aspects of an LGBTQ foster youth’s identity impact their experience, the importance of authentically engaging with youth and how to build those relationships, and how to raise challenging subjects with both colleagues and youth.
Getting Down to Basics: Tools to Support LGBTQ Youth in Care This toolkit offers practical tips and information designed to ensure LGBTQ youth in care receive the support and services they deserve. It provides information on more than eighteen
topics, including basic facts about being LGBTQ, information for LGBTQ youth in care, foster parents caring for LGBTQ youth, attorneys and guardians ad litem representing LGBTQ youth, and working with homeless LGBTQ youth. The complete toolkit is available at the link above, but each section can be downloaded as an individual handout here.
National Recommended Best Practices for Serving LGBT Homeless Youth LGBT youth are overrepresented in the homeless population and frequently experience violence, exploitation, and discriminatory practices and policies when accessing services. This report addresses: (1) steps service providers should take to improve the experiences of LGBT youth accessing services; (2) steps administrators should take to improve agency-wide culture and effectiveness in serving LGBT youth; and (3) steps both administrators and service providers should take to improve the experiences of LGBT youth in residential settings.
Resource Highlight Opening Doors for LGBTQ Youth in Foster Care: A Guide for Lawyers and Judges Published by the Opening Doors Project at the American Bar Association, this guide is aimed at helping judges and lawyers better understand their role in protecting LGBTQ youth. It includes chapters on how to examine your attitudes and beliefs, build strong client relationships, and improve legal advocacy and decision making when working with LGBTQ youth. Each chapter includes an interview with a different legal professional discussing their experience working with this population.
The Impact of Homophobia and Racism on GLBTQ Youth of Color This fact sheet discusses the duel burdens of racism and homophobia faced by LGBTQ youth of color. Topics explored include the intersection of race and sexual orientation, how racism coupled with homophobia leads to negative sexual outcomes, and the importance of culturally competent education, programs, and health care.
Tips for Legal Advocates Working with Lesbian, Gay, Bisexual, & Transgender Clients This tip sheet provides brief advice on making your office space friendly to LGBT people, how to use language that does not implicitly assume a client’s sexual orientation or gender, and addressing your own biases and assumptions. It also includes some more specified information on working with low-income LGBT families.
Best Practices for Working with Transgender or Gender Expansive Youth Representing Transgender Youth: Learning from Mae’s Journey This article, written by an attorney who represented a transgender client who transitioned in her time in foster care, highlights the importance of building a relationship with your client and finding affirming placements, schools, and services. It also discusses how to support your client in court and deal with disparaging responses from other professionals. It includes numerous practice tips, legal tools, and a short terminology section to assist you in supporting your client.
Safe Havens: Closing the Gap between Recommended Practice and Reality for Transgender and Gender-Expansive Youth in Out-of-Home Care This report identifies barriers to affirming treatment for transgender, gender expansive, and gender non-conforming (TGNC) youth in out-of-home care and suggests steps to eliminate these barriers. It provides information on specific out-of-home care statutes, policies and licensing regulations related to sexual orientation, gender identity, and gender expression at the federal level and for all 50 states and the District of Columbia.
Safe & Respected: Policy, Best Practices, & Guidance for Serving Transgender & Gender Non- Conforming Children and Youth Involved in the Child Welfare, Detention, and Juvenile Justice Systems Designed for New York City’s Administration for Children’s Service, this guide includes a brief overview of the barriers that transgender and gender expansive youth face while in state care, basic terminology, and an issue-by-issue guide to providing inclusive care.
Tips for Writing about Transgender Legal Issues This writing guide, which primarily applies to writing about transgender people as opposed to non-binary or gender expansive individuals, provides tips on writing how to appropriately identify transgender individuals; describing transition; transgender status; the difference between gender expansive and transgender; and describing sex-specific institutions, facilities, jobs, and dress codes. Under each topic discussed, a table of preferred terms versus terms to avoid is provided.
Top 6 Tips for Lawyers Working with Transgender Clients and Co-Workers This tip sheet from the Transgender Law Center provides basic advice on working with transgender clients and coworkers. It highlights that lawyers should remember that the issue is not always related to a person’s transgender status and cautions making assumptions about a person’s gender. This information is also available in a pamphlet format here.
Education Legal Rights & Protections Federal Law Overview Although there is no explicit protection for LGBTQ students under federal law, there are numerous instances where a more broadly defined protection or constitutional right can be implicated. Applying these protections to LGBTQ students has been successful in some contexts, but the U.S. Supreme Court has not made any specific, final determinations on how they should be applied in the context of sexual orientation, gender identity, and gender expression. While there is a brief discussion of the recent developments on these issues provided below, it is an area of law that is subject to rapid and unexpected changes. As a result, be sure to determine if any new guidance or policy has been issued before relying on these materials.
Title IX of the Education Amendments of 1972 is one of the primary sources of legal protection for LGBTQ students under federal law. In recent years, there have been significant changes in how Title IX is applied to discrimination related to sexual orientation, gender identity, and gender expression. Under Title IX, “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”1 Simply put, Title IX prohibits sex discrimination in schools that receive federal funding, including in the areas of sex-based harassment, discipline, and athletics.2
In 2016, the U.S. Department of Education and Justice released historic guidance explaining how schools should treat transgender students under Title IX.3 It summarized over ten years of case law and best practices and recommended that schools treat transgender students in accordance with their gender identity.4 However, this guidance was withdrawn in September 2017.5 While transgender students are still protected under Title IX, the removal of the 2016 guidance will likely make advocacy on their behalf much harder.6 Students will still be able to bring cases in federal court, but the guidance withdrawal will make it challenging to succeed, as many courts look to the agency’s interpretation of the law.7
1 20 U.S.C. § 1681 (1972), https://www.justice.gov/crt/title-ix-education-amendments-1972. 2 See Title IX and Sex Discrimination, DEPT. OF EDUC., https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html (last visited Jan. 16, 2018). 3 “Dear Colleague” Letter from Catherine E. Lhamon, Assistant Sec’y for Civil Rights, U.S. Dep’t of Educ. and Vanita Gupta, Principal Deputy Assistant Attorney General, U.S. Dep’t of Justice, Transgender Students (May 13, 2016), https://www2.ed.gov/ about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf (revoked in September 2017). 4 Id. See also Nat’l Center for Transgender Equality, Fact Sheet on U.S. Department of Education Policy Letter on Transgender Students (2016), http://www.transequality.org/sites/default/files/ED-DCL-Fact-Sheet.pdf. 5 See Press Release, U.S. Dep’t of Educ., Dep’t of Educ. Issues New Interim Guidance on Campus Sexual Misconduct (Sept. 22, 2017), https://www.ed.gov/news/press-releases/department-education-issues-new-interim-guidance-campus-sexual- misconduct. 6 See Nat’l Center for Transgender Equality, FAQ on the Withdrawal of Federal Guidance on Transgender Students (2017), http://bit.ly/2CGfYXf. 7 Id.
This is compounded by the fact that, in February 2018, DOE announced it would no longer investigate civil rights complaints from transgender students barred from using bathrooms that match their gender identity.8 The legality of DOE’s decision is questionable, as multiple federal appeals courts have ruled that Title IX does allow transgender students the right to use public school restrooms matching their gender identity.9
Despite the reversal of previously implemented guidance, LGBTQ students are still protected under Title IX. In 2010 the DOE released a Dear Colleague letter on harassment and bullying that discussed the handling of gender-based and sexual harassment.10 The guidance affirms that Title IX prohibits sexual harassment, including spreading sexual rumors and gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex- stereotyping.11 As a result, sex discrimination includes “if students are harassed either for exhibiting what is perceived as a stereotypical characteristic for their sex, or for failing to conform to stereotypical notions of masculinity and femininity.”12 Title IX prohibits this kind of harassment, regardless of the actual or perceived sexual orientation or gender identity of the harasser or target.13
LGBTQ students are also protected more broadly under the U.S. Constitution. The Supreme Court has not explicitly ruled that there is a constitutional right protecting against unwanted disclosure of sexual orientation, but it has determined that the right to privacy extends to “the right to control the nature and extent of highly personal information released about that individual.”14 There have been several lower court rulings, some of which are provided below, that implicate this right to informational privacy in the school setting with regards to sexual orientation.
Federal Law Resources U.S. Code: Title IX of the Education Amendments of 1972 o 20 U.S.C. § § 1681-1688
Department of Education Guidance: Dear Colleague Letter: Withdrawing Previous Guidance on Transgender Students Dear Colleague Letter: Harassment and Bullying
8 Moriah Balingit, Education Department no longer investigating transgender bathroom complaints, THE WASHINGTON POST (Feb. 12, 2018), http://wapo.st/2CEpEBF. 9 See Whitaker v. Kenosha Unified Sch. Dist. No. 1 Bd. of Educ., 858 F.3d 1034 (7th Cir. 2017); Dodds v. U.S. Dept. of Educ., 845 F.3d 217 (6th Cir. 2016). 10 “Dear Colleague” Letter from Russlynn Ali, Assistant Sec’y for Civil Rights, Dep’t of Educ., Harassment and Bullying (Oct. 26, 2010), https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.pdf. 11 Id. 12 Id. 13 Id. 14 Letter from James D. Esseks, Director of the American Civil Liberties Union LGBT & HIV Project, to School Principals and Superintendents (Dec. 7, 2015), https://www.aclu.org/sites/default/files/field_document/privacy_open_letter_dec_2015_0.pdf.
Case Law: Disclosure of Sexual Orientation: C.N. v. Wolf, 410 F. Supp. 2d 894 (C.D. Cal. 2005) (holding that a gay student had a legally protected privacy interest in information about her sexual orientation). Nguon v. Wolf, 517 F. Supp. 2d 1177 (C.D. Cal. 2007) (holding that a female high school student had a reasonable expectation that her sexual orientation would not be disclosed to her parents by school principal).
First Amendment: Fricke v. Lynch, 491 F. Supp. 381 (D.R.I. 1980) (holding it was a denial of the First Amendment right of a gay high school student for school officials to preclude him from bringing a male escort to the senior prom). Henkle v. Gregory, 150 F.Supp.2d 1067 (D. Nev. 2001) (holding a gay high school student, claiming his freedom of speech rights were violated when school officials ignored his complaints of harassment and transferred him, could recover punitive damages from officials in their individual capacities).15 Logan v. Gary Cmty. Sch. Corp., No. 2:07-CV-431 JVB, 2008 WL 4411518 (N.D. Ind. Jan. 23, 2009) (involving a transgender student’s challenge to her school preventing her from wearing a dress to prom).16
Title IX: Dodds v. U.S. Dept. of Educ., 845 F.3d 217 (6th Cir. 2016) (involving transgender girl’s right to use the girls’ restroom and otherwise be treated as a girl and school district’s impermissible discrimination against her on the basis of sex in violation of Title IX). Whitaker v. Kenosha Unified Sch. Dist. No. 1 Bd. of Educ., 858 F.3d 1034 (7th Cir. 2017) (holding as a matter of first impression, transgender students may bring sex-discrimination claims under Title IX based upon a theory of sex-stereotyping).
Case Law & Statutory Resources: General: Mudasar Khan et al., Challenges Facing LGBTQ Youth, 18 Geo. J. Gender & L. 475 (2017) (providing an overview of federal protections, with case citations, based on sexual orientation and gender identity).17
15 This case also involves a claim under Title IX. 16 Note that this opinion incorrectly identifies the plaintiff, Kevin Logan, as a “transgendered male.” Transgender should never have an extraneous “-ed” tacked on the end. Additionally, a transgender man would refer to a person who was assigned female at birth but identifies and lives as a man. Kevin Logan, who was assigned male at birth, is a transgender woman. This opinion also incorrectly uses male pronouns to identify her. See GLAAD, GLAAD MEDIA REFERENCE GUIDE (10th ed. 2016), http://www.glaad.org/sites/default/files/GLAAD-Media-Reference-Guide-Tenth-Edition.pdf. 17 This article is not freely available but is accessible through HeinOnline (link provided above), Georgetown Law’s Journal of Gender and the Law (http://www.law.georgetown.edu/academics/law-journals/subscribe/single-issues.cfm), and other legal research services such as Westlaw and LexisNexis.
Legal Victories for Youth, LAMBDA LEGAL, https://www.lambdalegal.org/know-your- rights/article/youth-legal-victories. (last visited Jan. 18, 2018) (detailing cases involving bullying, gay-straight alliances, proms and dances, and student expression, and more).
Disclosure of Sexual Orientation: Bari Nadworny, Homosexuality in High School: Recognizing a Student’s Right to Privacy, 88 St. John’s L. Rev. 1103 (2015) (providing detailed history, with case citations, of constitutional right to informational privacy as ruled by the Supreme Court and numerous lower federal courts). Evan Ettinghoff, Outed at School: Student Privacy Rights and Preventing Unwanted Disclosures of Sexual Orientation, 47 Loy. L. A. L. Rev. 579 (2014) (discussing in detail the legal landscape for unwanted disclosures of sexual orientation). Letter from James D. Esseks, Director of the American Civil Liberties Union LGBT & HIV Project, to School Principals and Superintendents (Dec. 7, 2015) (detailing the legal basis for preventing disclosure of a student’s sexual orientation or gender identity without consent).
First Amendment: Reinforcing Related Rights: Advancing Equality for LGBT Youth by Safeguarding Student Freedom of Expression, Lambda Legal, https://www.lambdalegal.org/publications/reinforcing-related-rights. (last visited Jan. 18, 2018) (detailing cases pursued by Lambda Legal on behalf of students and involving the right to freedom of expression).
Title IX: The Application of Title IX to LGBT Students, ABA SECTION OF CIVIL RIGHTS AND SOC. JUSTICE (Aug. 25, 2016) (containing extensive information on the U.S. Dept. of Education Office of Civil Rights guidance, enforcement under that guidance by OCR and Dept. of Justice, and challenges to OCR transgender guidance). Overview of Title IX of the Education Amendments of 1972, U.S. DEP’T OF JUSTICE (updated Aug. 7, 2015) (containing an overview of the Title IX statute, procedural requirements, other agency’s Title IX regulations, additional materials, and complaint information).
Additional Resources: General: Know Your Rights: A Guide for LGBT High School Students This guide is designed to provide LGBT students with basic information about their rights in the context of harassment, privacy, and freedom of speech. It discusses legal issues surrounding transgender students, gay-straight alliances, and prom and other school events. A similar guide, entitled “Know Your Prom Night Rights: A Guide for LGBT High School Students,” is also available.
Know Your Rights: Schools This short fact sheet provides general information for transgender students about their rights at school and what can be done if they experience discrimination. Most of the information
provided focuses on a student’s rights under Title IX., but other sources of legal protection are briefly discussed.
Separation and Stigma: Transgender Youth & School Facilities This report focuses on the legal arguments and broader national context for transgender students and facilities access at school. It outlines the harm from excluding transgender students from using facilities that match their gender identity and discusses existing federal, state, and local landscape for transgender students and their ability access school facilities.
Title IX: FAQ on the Withdrawal of Federal Guidance on Transgender Students This fact sheet answers basic questions on the U.S Department of Education’s revocation of Title IX guidance for transgender students. It discusses legal protections now that the guidance has been revoked, the effect on currently pending litigation, and the importance of school policies that support transgender students. Information on the withdrawn guidance can be found here.
Know Your Title IX Know Your Title IX, a project of Advocates for Youth, is a survivor and youth led program that aims to empower students to end sexual and dating violence in their schools. The program’s website contains information on pursuing a claim under Title IX and under the Clery Act and finding a lawyer to represent you in such action. It also has information on anti-trans discrimination and Title IX protections for LGBTQ students.
District of Columbia Law Overview The DC Human Rights Law specifically provides anti-discrimination protections for LGBT students.18 Under D.C. Code, educational institutions are prohibited from discriminating against any student on the basis of sexual orientation or gender identity and expression.19 More information on the DC Human Rights Law and how to file a complaint with the DC Office of Human Rights is available in Chapter II, Section B of this Practice Kit.
D.C. Code: Prohibited Acts of Discrimination in Educational Institutions Youth Bullying Prevention Title IX Athletic Equity
D.C. Municipal Regulations: DC Mun. Reg., Tit. 5, § 2408 (Dress Codes and Uniforms) DC Mun. Reg., Tit. 5, § 2405 (Student Grievance Procedure)
18 D.C. Code §§ 2–1402.41 (1977). 19 Id.
Policy Guidance: D.C. Public Schools (DCPS) o DCPS Transgender and Gender-Nonconforming Policy Guidance o DCPS District-Wide Bullying Prevention Policy o Keeping DC Schools Safe for All: Protocol for DC School Administrators o Keeping DC Schools Safe for All: Protocol for DC School Personnel Charter Schools o DC Public Charter School Board Open Enrollment Policy
Maryland Law Overview Maryland Code § 7-424, requires incidents of bullying, harassment, or intimidation to be reported to the county board of education.20 Under that section, bullying, harassment, or intimidation includes conduct “motivated by an actual or a perceived personal characteristic including . . . sex, sexual orientation, [and] gender identity.”21
Additionally, Maryland Regulations provide that “[a]ll students in Maryland’s public schools, without exception and regardless of . . . gender, sexual orientation . . . have the right to educational environments that are: (A) safe; (B) appropriate for academic achievement; and (C) free from any form of harassment.”22
M.D. Code: Health and Safety of Students o MD. CODE ANN., EDUC., § 7-424 (West 2017). Reports relating to bullying, harassment and intimidation of students. M.D. Regulations: Public School Standards o MD. Code Regs. 13A.01.04 (2016). School Safety.
M.D. Department of Education Guidance: Providing Safe Spaces for Transgender and Gender Non-Conforming Youth: Guidelines for Gender Identity Non-Discrimination o Companion Document 1: Non-Discrimination Guidelines for Student Transitions o Companion Document 2: Working with Parents of Transgender Identifying Youth and Working with Community Members and Parents of Non-Transgender Youth Maryland Title IX Network (list of coordinators)
Montgomery County Guidance: Guidelines Regarding Student Gender Identity Matters
20 MD. Code Ann., Educ., § 7-424 (West 2017). 21 Id. 22 MD. Code Regs. 13A.01.04 (2016).
Organizations, Offices, and Other Contacts Type or Name Location Description Topic Lambda Legal is a national organization committed to Lambda Legal Legal, achieving full recognition of the civil rights of LGBT Defense & National Policy people and everyone living with HIV through impact Education Fund litigation, education and public policy work. The Maryland State Department of Education Office of MD State Dept. the Ombudsman was established more than 20 years of Education ago to help assist parents and other members of the MD Government Office of the public with their educational concerns. The Ombudsman Ombudsman works directly with Maryland’s 24 public school systems to gather information & resolve issues. The National Center for Transgender Equality is a National Center national social justice organization devoted to ending for Transgender discrimination and violence against transgender people. Equality’s National Legal/Policy The School Action Center provides information on how School Action trans students can make a difference at their school Center following the recent repeal of Title IX guidance. The Office of the Ombudsman is responsible for helping
students and parents resolve problems as they engage Office of the with the District of Columbia Public Schools and public Ombudsman charter schools. The Office offers conflict resolution for Public D.C. Government services to parents, families, and students and is Education committed to resolving school related complaints, (D.C.) disputes and problems quickly and efficiently in all
areas that affect student learning.
The mission of the Office of the Student Advocate is to Office of the support and empower DC residents to achieve equal Student D.C. Government access to public education through advocacy, outreach, Advocate (D.C.) and information services.
Founded in 2003, Transgender Legal Defense & Education Fund is a 501(c) (3) nonprofit whose mission Transgender is to end discrimination and achieve equality for Legal Defense transgender people, particularly those in our most National Legal & Education vulnerable communities. Its strategies include path- Fund breaking trans rights cases and "friend of the court" briefs regarding the key issues of employment, health care, education and public accommodations.
Education LGBTQ Youth in School
Bullying, Harassment, and Discrimination Beyond Bullying: The LGBT Student Experience This short article provides basic information and statistics on LGBT students and the effects of bullying. Using Michigan public schools as a snapshot, the article breaks down the types of harassment LGBT students frequently face.
Educational Exclusion: Drop Out, Push Out, and the School-to-Prison Pipeline among LGBTQ Youth This report examines potential pathways that push youth out of school and potentially into the criminal justice system in a national sample of LGBTQ middle and high school students. Resource Highlight GLSEN 2015 School Climate Survey This survey examines the experiences of LGBTQ students with regard to indicators of negative school climate, including hearing biased and homophobic remarks in school; feeling unsafe in school because of personal characteristics, such as sexual orientation, gender expression, and race or ethnicity; and missing classes or days of school because of safety reasons. It also looks at the possible negative effects of a hostile school climate on LGBTQ students’ academic achievement, educational aspirations, and psychological well-being. GLSEN is set to release the 2017 School Climate Survey sometime in 2018.
Let Her Learn: Stopping School Pushout for LGBTQ Girls This report discusses barriers to success in school for LGBTQ girls and includes statistics on how bullying effects their school experience. It also includes information on how schools can help them succeed in school based on what student’s reported helping them the most.
Playground and Prejudice: Elementary School Climate in the United States This study evaluates the climate of various elementary schools through student and teacher surveys. Teachers were asked questions about school climate and attitudes and efforts toward students who may not conform to traditional gender norms.
Shared Differences: The Experiences of Lesbian, Gay, Bisexual, and Transgender Students of Color in Our Nation’s Schools This report highlights the importance of remembering the differences among LGBT students, and to identify important variations in their school experiences. It discusses important distinctions among different communities of LGBT students of color and highlights areas where students of color face the same challenges as the overall LGBT student population.
For Students Bending the Mold: An Action Kit for Transgender Students Whether a student is transgender or gender-nonconforming, questioning or an ally, this toolkit, created by Lambda Legal, is designed to help them make their school a safer place. It includes ideas and information to help students advocate for change and an extensive list of resources to help them connect with the transgender community and find support.
Campus Pride Index: National Listing of LGBTQ-Friendly Colleges & Universities This free, online tool allows prospective college students, families and parents, and other advocates to search a database of LGBTQ-friendly campuses who have come out to improve the academic experience and quality of campus life. School profiles include reviews from LGBTQ students and an overall rating of the school based on a variety of LGBTQ-friendly factors. Information on how the index works can be found here. Campus Pride also has an index of LGBTQ-Friendly Colleges & Universities in Sports, which ranks schools based on their LGBTQ-friendly policies, programs and practices in sports.
Gender-Neutral Housing Created by the Human Rights Campaign, this resource lists all of the colleges and universities in the United States that have gender-neutral housing available on campus for students.
LGBTQ Student Scholarship Database Although not exhaustive, this database provides an extensive listing of scholarships, fellowships, and grants for LGBTQ and allied students at both the undergraduate and graduate- level. The database is searchable by state and individual school.
LGBTQ Friendly Colleges & Student Resources This guide takes a look at colleges and universities leading the way in providing curricula and resources to support LGBTQ students throughout their college experience. It contains information on resources, curricula, and student organizations.
LGBTQ Resources and College Affordability For some LGBTQ students, a lack of familial support can also lead to emotional and financial obstacles to attending college. The schools described in this resource have developed programs that address the unique needs of LGBTQ students, including scholarships, alternative housing, inclusive curricula, campus life presence, healthcare, counseling, and more. This guide to LGBTQ college’s breaks down the individual components that make a campus LGBTQ-friendly and is intended to help students navigate potential schools.
Out, Safe & Respected: Your Rights at School This kit is designed to help students know their rights at school and gives concrete ideas on how they can make a difference at school and in the community. It provides information on a variety of topics, including how to start a Gay-Straight Alliance, being an ally at their school, negotiating with adults, the laws that provide protection against harassment and discrimination, and student speech rights.
For Caregivers, Educators, and Other Advocates Best Practices—Creating an LGBT-Inclusive School Climate: A Teaching Tolerance Guide for School Leaders This guide explores best practices designed to give school leaders the knowledge they need to create a climate in which their most vulnerable students feel safe and valued. Through inclusive policies and nurturing practices, administrators, counselors and teachers have the power to build an educational environment that is truly welcoming to all students.
Great Diverse Books for Your School, Library or Home A simple way to let students and families know that a school welcomes everyone is to integrate books into the curriculum that reflect the diversity of a classroom and the world. This resource provides book lists for LGBTQ-inclusive schools, to embrace family diversity, to prevent bias- based bullying, and that support transgender and non-binary students.
Out, Safe & Respected: A Guide to LGBTQ Youth in Schools for Educators and Parents Published by Lambda Legal, this booklet is designed to help parents and educators develop safe, nurturing school environments for LGBTQ students. Topics discussed include how to be an adult ally, protecting students from harassment and discrimination, making your school safe and your curriculum inclusive, and respecting student speech and expression.
Promoting Resiliency for Gender Diverse and Sexual Minority Students in Schools Created by the American Psychological Association, this series of informational guides sets out best practices for educators, school counselors, administrators and personnel, based on the latest research on the needs of LGBTQ, queer, gender diverse, and intersex students. Topics include how educators can support families of LGBTQI youth, how school health personnel and administrators can specifically support transgender and gender diverse students, and school- based risk and protective factors for LGBTQI students.
Safe Space Kit: A Guide to Supporting Lesbian, Gay, Bisexual and Transgender Students in Your School The Safe Space Kit is designed to help educators create a safe space for LGBT students. It includes the Guide to Being an Ally, a printable poster, and printable stickers. It discusses the experiences of LGBT students and anti-LGBT bias, specific actions you can take to be an effective support, ways to teach students and inform school staff about combating anti-LGBT bias and behavior, and strategies to promote change within your school.
Resource Highlight Some Considerations When Working with LGBT Students of Color This guide poses a number of considerations educators should contemplate to help them think more deeply about the experiences of LGBT students of color and their needs. Each topic for consideration is laid out by explaining why it is needed, why it is challenging to deal with, and tips on how to reflectively consider the issue. Topics discussed include the multiple forms of oppression LGBT students of color may feel in their lives, how to affirm complex identities, supporting student resilience, and intervening and preventing discrimination.
Talking with Kids about LGBTQ Issues The resources at the link above provide the language and information needed to discuss lesbian, gay, bisexual, transgender and queer people and issues in an age-appropriate way with children and youth.
Organizations and Other Programs
Location Name or Area of Type(s) Description Operation Campus Pride is a non-profit organization for student leaders and campus groups working to create a safer college environment for LGBT National, Youth Campus Pride students. Its primary objective is to develop Online Resource necessary resources, programs, and services to support LGBT and ally students on college campuses across the United States. GLSEN (pronounced "glisten") is the leading GLSEN (Gay, Policy, national education organization focused on Lesbian & Straight National Advocacy, ensuring safe and affirming schools for LGBTQ Education Network) Training students. Point Foundation (Point) is the nation’s largest scholarship-granting organization for lesbian, gay, Youth bisexual, transgender, and queer (LGBTQ) students Point Foundation National Resource of merit. It promotes change through scholarship funding, mentorship, leadership development, and community service training. Part of the American Psychological Association, the Safe and Supportive Schools Project promotes safe and supportive environments to prevent HIV and Safe & Supportive National, Training other sexually transmitted infections among Schools Project Online adolescents. Education agencies may seek specific assistance for groups of youth at disproportionate risk, including LGBT youth. The Human Rights Campaign Foundation's Welcoming Schools Project is a professional development program providing training and National, resources to elementary school educators to Welcoming Schools Training Online welcome diverse families, create LGBTQ and gender inclusive schools, prevent bias-based bullying, and support transgender and non-binary students.
Education Unique Issues for Transgender & Gender Expansive Students
Safety & Inclusivity Research has shown that, while LGBT students overall experience high levels of harassment and assault in school, transgender students experience even higher levels than non-transgender students.1
In a survey conducted by the Gay, Lesbian and Straight Education Network (GLSEN), two-thirds of transgender students reported feeling unsafe in school because of their sexual orientation and how they expressed their gender.2 Almost all transgender students surveyed had been verbally harassed in the past year at school because of their sexual orientation and gender expression, while over half had been physically harassed for the same reasons.3 In another survey by the Human Rights Campaign (HRC), less than one-third of gender expansive youth reported “strongly agreeing” that most of their peers do not have a problem with their identity.4 Almost forty percent reported being excluded “frequently or often” by their peers.5
As a result of these experiences, transgender students report regularly skipping class or missing school because they felt unsafe or uncomfortable and are far less likely to feel a part of their school community than their cisgender (or non-transgender) peers.6
In your advocacy, it is important to keep in mind: Transgender, genderqueer, and other non-cisgender students face more hostile school climates and experience heightened rates of harassment and discrimination than their LGBQ cisgender peers.7 There is a distinction between gender identity and sexual orientation: While a transgender student may be harassed using anti-gay slurs, it should not be assumed he or she identifies as LGB or with any particular sexual orientation.8 Not all students who don’t conform to gender norms are transgender—some are gender expansive, non-binary, etc. Each of these poses its own set of unique challenges.
1 EMILY A. GREYTAK ET AL., HARSH REALITIES: THE EXPERIENCES OF TRANSGENDER YOUTH IN OUR NATION’S SCHOOLS xi (2009), https://www.glsen.org/sites/default/files/Harsh%20Realities.pdf. 2 Id. 3 Id. 4 HUMAN RIGHTS CAMPAIGN & GENDER SPECTRUM, SUPPORTING AND CARING FOR OUR GENDER EXPANSIVE YOUTH 12 (2012) https://www.genderspectrum.org/staging/wp-content/uploads/2014/12/HRC_report.pdf. 5 Id. 6 GREYTAK, supra note 1, at 13-14. 7 JOSEPH G. KOSCIW ET AL., THE 2015 NATIONAL SCHOOL CLIMATE SURVEY: THE EXPERIENCES OF LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER YOUTH IN OUR NATION’S SCHOOLS xxii (2016), https://www.glsen.org/sites/default/files/2015%20 National%20GLSEN%202015%20National%20School%20Climate%20Survey%20%28NSCS%29%20-%20Full%20Report_0.pdf. 8 In a survey by the National Center for Transgender Equality, respondents were asked which term best described their sexual orientation. Respondents were most likely to identify as queer (21%), and they also identified as pansexual (18%), gay, lesbian, or same-gender-loving (16%), straight (15%), bisexual (14%), and asexual (10%). See SANDY E. JAMES ET AL., THE REPORT OF THE 2015 U.S. TRANSGENDER SURVEY 59 (2016), https://transequality.org/sites/default/files/docs/usts/USTS-Full-Report- Dec17.pdf.
Creating an Inclusive School Harsh Realities: The Experiences of Transgender Youth in Our Nation’s Schools This report explains that transgender students face much higher levels of harassment and violence than LGB students, and these high levels of victimization result in these students missing more school, receiving lower grades and feeling isolated and not part of the school community. It also includes a detailed section with recommendations for policy and practice.
Model District Policy on Transgender and Gender Nonconforming Students This document outlines best practices for schools to ensure that all students are safe, included and respected in school, regardless of their gender identity or expression. The model presents some policy objectives, key points, and alternatives to consider. Both the District of Columbia and Maryland have existing policies on transgender and gender nonconforming students, which are available in the Legal Rights and Protections section of this chapter. Virginia does not currently have such a policy.
Gender-Expansive and Transgender Children: Books for Students Complied by the Welcoming Schools Project, this resource lists books discussing gender- expansive and transgender children for students at a wide range of range of reading levels. These books can be used to as a tool to talk with students about gender and help them understand what transgender means. The Welcoming Schools Project has also created book lists for adults and elementary school students, along with lesson plans designed to help students understand gender and support transgender and non-binary children. Books and lesson plans can be an important tool, particularly for a younger child, during a social transition. They can be used as part of a transition plan to help other students understand what it means to be transgender and how to support their classmate.
Transitioning in School Below are a number of helpful resources to use when planning a social transition9 in school. Additional resources on determining when and if a gender transition is appropriate, regardless of context, can be found in the health care section of this practice kit.
Gender Transition Planning Tools:
Gender Support Plan Created by Gender Spectrum, this document is designed to create shared understandings about the ways in which the student’s authentic gender will be accounted for and supported at school. Ideally, each will spend time completing the various sections to the best of their ability and then come together to review sections and confirm shared agreements about using the plan.
9 There are multiple aspects of gender transition, including social, medical/physical, and legal. A transgender person may transition in any combination, or none, of these aspects. Generally, a social transition would involve someone changing their name, pronouns, and the way they dress. It can also include the use of facilities, such as restrooms or changing rooms, consistent with their gender identity. See generally, LGBTQIA Resource Center Glossary, https://lgbtqia.ucdavis.edu/educated/ glossary.html (last visited Jan. 11, 2018).
Resource Review: Gender Support Plan To facilitate your use of the gender support plan, Gender Spectrum provides a detailed video on the best way to use that resource, available at the link above.
Initial School Meeting Agenda A companion to the gender support plan provided above, this initial school meeting agenda can guide your discussions with school personnel and facilitate the implementation of a gender support plan.
Supporting a Gender Transition: Affirming Gender in Elementary School: Social Transitioning Designed for teachers and other education professionals, this guide provides an introduction to the gender spectrum and what it means to socially transition. It includes tips on planning and communication during a social transition, proactive and reactive strategies to handle bullying, and how to respect a student’s affirmed gender.
Ask the Expert—Transitioning in School This short interview with the director of the Welcoming Schools Project provides answers to basic questions, including how to prepare for talking with a child’s school about socially transitioning, issues that commonly arise, and advice on achieving a smooth social transition.
Resource Highlight Schools in Transition: A Guide for Supporting Transgender Students in K-12 Schools This guide incorporates distinctions and recommendations based on specific ages and stages of students’ development to support transgender students in K-12 schools. Topics explored include basic concepts of gender, the importance of supporting transgender students, general guidelines for meeting the needs of transgender students, specific issues facing transgender youth, and approaches for working with unsupportive parents. It also includes an overview of the legal landscape that administrators, educators, parents, and students should be aware of as they advocate.
Transgender Students and School Bathrooms: Frequently Asked Questions This guide answers frequently asked questions about transgender students using bathrooms consistent with their gender identity. It frames the discussion of the issues that frequently arise in this area by examining what primary concerns a school or other parent’s typically express.
Additional Resources General: Gender Spectrum’s Education Resources Gender Spectrum, a non-profit dedicated to helping create gender sensitive and inclusive environments for all children and teens, has an excellent education resource page on their website. Some of the resources are included in this practice kit, but the site itself includes dozens of additional materials on creating gender inclusive schools, legal and policy issues, and supporting gender-expansive students.
Gender & Sports: Model Policy for Transgender Athletes on High School Teams Developed by the LGBT Sports Foundation through “All 50”: The Transgender-Inclusive High School Sports and Activities Policy and Education Project, this resources serves as a universal standard model in policy and education for transgender inclusion in K-12 sport and activity associations for all 50 states.
Guidelines for Creating Policies for Transgender Children in Recreational Sports Published by the Transgender Law & Policy Institute, this guide provides basic information about how athletic associations and teams can create policies that welcome all children, including transgender children. It specifically addresses policies appropriate for transgender children prior to adolescence.
Transathlete.com Found by Chris Mosier, the first openly transgender man to make a Men's US National Team, this website’s goal is to compile as many of the policies, guidelines, documents, and works of research regarding transgender participation and inclusion in sports. Policies are searchable by area (K-12, college, recreation, professional) or by state/organization.
Organizations and Websites Location Name or Area of Type(s) Description Operation Gender Spectrum’s mission is to create a gender- inclusive world for all children and youth. To Professional, accomplish this, they help families, organizations, National, Advocate, Gender Spectrum and institutions increase understandings of Online and Youth gender. The education section of their website is Resource an incredible resource for any one advocating for a transgender student. Found by Chris Mosier, the first openly trans man to make a Men's US National Team, this website’s Professional, goal is to compile as many of the policies, National, Advocate, guidelines, documents, and works of research Transathelete.com Online and Youth regarding transgender participation and inclusion Resource in sports. Policies are searchable by area (K-12, college, recreation, professional) or by state/organization. Trans Student Educational Resources is a youth- Trans Student led organization dedicated to transforming the National, Youth Educational educational environment for trans and gender Online Resource Resources nonconforming students through advocacy and empowerment.
Housing & Placement Legal Rights and Protections
Federal Law Overview Housing law is another area with limited federal protections for persons who identify as LGBTQ. The Fair Housing Act provides protections against discrimination in housing, but sexual orientation is not included as a protected class. There are protections against gender and race discrimination, which may be relevant for clients also facing discrimination based on their LGBTQ identity.
U.S. Code: 42 U.S.C.A. § 3604 (1968). Discrimination in the sale or rental of housing and other prohibited practices.
Federal Regulations: Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity, 77 Fed. Reg. 5661 (Feb. 3, 2012) (codified at 24 C.F.R. pt. 5, 200, 203, 400, 570, 574, 882, 891, and 982). Equal Access in Accordance with an Individual’s Gender Identity in Community Planning and Development Programs, 81 Fed. Reg. 64763 (Oct. 21, 2016) (codified at 24 C.F.R. pt. 5).
Case Law: Smith v. Avanti, 249 F. Supp. 3d 1194 (D. Colo. 2017).
Other Guidance: Dept. of Justice: The Fair Housing Act. U.S. Dept. of Housing & Urban Development: LGBTQ Resources U.S. Dept. of Housing & Urban Development: Youth Homelessness U.S. Dept. of Housing & Urban Development: LGBT Discrimination U.S. Dept. of Housing & Urban Development: LGBTQ Youth Homelessness Prevention Initiative Questions and Answers on Sexual Harassment under the Fair Housing Act Fair Housing Review: HUD LGBT Equal Access Rule Know Your Rights: Fair Housing and Transgender People
District of Columbia Law Overview The District provides for specific protections in housing for individuals who identify as LGBTQ. The protections are embodied in the DC Human Rights Act (DCHRA), which is discussed in more detail in Section II of this practice kit. The DCHRA protects prospective tenants from discrimination in seeking housing and from discrimination in their treatment and in the quiet enjoyment of their property once housing has been secured.
D.C. Code: D.C. Human Rights Law Part C: Prohibited Acts of Discrimination in Housing and Commercial Space o § 2-1402.21. Prohibitions o § 2-1402.23. Acts of Discrimination by broker or salesperson o § 2-1402.24. Exceptions
D.C. Regulations: Housing and Commercial Real Estate o D.C. Mun. Regs. Tit. 4, § 1000 (General Provisions: Scope and Purposes) o D.C. Mun. Regs. Tit. 4, § 1001 (Prohibited Practices) o D.C. Mun. Regs. Tit. 4, § 1099 (Definitions) Foster Homes o D.C. Mun. Regs. Tit. 29, § 6000 (Scope) o D.C. Mun. Regs. Tit. 29, § 6001 (Foster Parent Requirements) o D.C. Mun. Regs. Tit. 29, § 6002 (Foster Parent Responsibilities) o D.C. Mun. Regs. Tit. 29, § 6017 (Clothing and Personal Belongings) o D.C. Mun. Regs. Tit. 29, § 6018 (Discipline and Control) o D.C. Mun. Regs. Tit. 29, § 6023 (Confidentiality) o D.C. Mun. Regs. Tit. 29, § 6025 (Violation of this Chapter) Licensing of Youth Shelters, Runaway Shelters, Emergency Care Facilities, and Youth Group Homes o D.C. Mun. Regs. Tit. 29, § 6201 (Statement of Purpose) o D.C. Mun. Regs. Tit. 29, § 6205 (Grievance Procedures) Independent Living Programs o D.C. Mun. Regs. Tit. 29, § 6301 (Statement of Purpose) o D.C. Mun. Regs. Tit. 29, § 6303 (Statement of Resident’s Rights and Responsibilities) o D.C. Mun. Regs. Tit. 29, § 6305 (Grievance Procedure) o D.C. Mun. Regs. Tit. 29, § 6312 (Penalties) o D.C. Mun. Regs. Tit. 29, § 6320 (Confidentiality) o D.C. Mun. Regs. Tit. 29, § 6322 (Privacy) o D.C. Mun. Regs. Tit. 29, § 6347 (Behavior Management and Discipline)
D.C. Child & Family Services Agency Policies: Facility Licensing In-Home and Out-of-Home Procedural Operations Manual Placement and Matching Temporary Licensing of Foster Homes for Kin
Organizations and Websites Location Name or Area of Type(s) Description Operation Dept. of Housing & The Fair Housing Act protects people from Urban Development discrimination when they are renting, buying, or Office of Fair Federal Government securing financing for any housing. Complaints filed Housing and Equal with HUD are investigated by the Office of Fair Opportunity Housing and Equal Opportunity (FHEO). Through a broad continuum of advocacy, training & education, and youth collaboration programs, the True National, True Colors Fund Advocacy Colors Fund works to end homelessness among Online lesbian, gay, bisexual, and transgender youth by creating systemic change.
Housing and Placement LGBTQ Affirming Placements & Permanency
Overview LGBTQ youth are at an increased risk of placement instability,1 are more likely to face housing insecurity and homelessness,2 and are generally less likely to achieve permanency than their non- LGBTQ identifying peers.3 One of the biggest issues facing LGBTQ youth in out-of-home care is the lack of affirming foster placements.4 Even “the most LGBTQ-inclusive agencies can struggle to find qualified foster parents who are ready and willing to welcome LGBTQ youth into their homes.”5
When working with this population, try to keep the following in mind:
Higher rates of placement changes and the reduced likelihood of achieving permanency often contribute to negative mental health outcomes and poor long-term prospects for LGBTQ youth.6
An LGBTQ identifying youth might be afraid to disclose their identity to their foster family. This means it is especially important for any placement to “signal their openness and affirmation of [a] youth’s race, ethnicity, sexual orientation, gender identity and expression.”7
LGBTQ youth who have an affirming foster care placement are less likely to run away from those placements.8
In order to support this population, LGBTQ youth should be placed in affirming foster homes. An affirming home is one where foster parents “welcome all LGBTQ children and youth into their homes, and encourage them to live authentically in all aspects of family life.”9 It also is “a place where all children and youth are treated with respect and dignity, and foster parents diligently work to meet their children’s specific needs.”10
1 CENTER FOR THE STUDY OF SOCIAL POLICY, OUT OF THE SHADOWS: SUPPORTING LGBTQ YOUTH IN CHILD WELFARE THROUGH CROSS- SYSTEM COLLABORATION 8 (2016), https://bit.ly/2uFrZOh. 2 SHANNAN WILBER ET AL., CHILD WELFARE LEAGUE OF AMERICA, SERVING LGBT YOUTH IN OUT-OF-HOME CARE: CWLA BEST PRACTICE GUIDELINES 41 (2006), https://familyproject.sfsu.edu/sites/default/files/bestpracticeslgbtyouth.pdf. 3 THE ANNIE E. CASEY FOUNDATION, LGBTQ IN CHILD WELFARE: A SYSTEMIC REVIEW OF THE LITERATURE 3 (2016), https://bit.ly/2JfJE23. 4 Human Rights Campaign, LGBTQ Youth in the Foster System, https://bit.ly/2Gv8RUy. 5 Id. 6 CENTER FOR THE STUDY OF SOCIAL POLICY, supra note 1, at 8. 7 Id. at 17 8 ANGELA WEEKS ET AL., LOS ANGELES LGBT CENTER, 2016 RISE PROJECT OUTREACH AND RELATIONSHIP BUILDING PROGRAM MANUAL, Volume 2, at 41 (2016), https://www.acf.hhs.gov/sites/default/files/cb/pii_rise_orb_program_manual_vol2.pdf. 9 NYC ADMINISTRATION FOR CHILDREN AND FAMILIES, LGBTQ AFFIRMING FOSTER AND ADOPTIVE PARENTS NEEDED, https://www1. nyc.gov/assets/acs/pdf/lgbtq/ACS_AffirmingFamiliesBrochure.pdf. 10 Id.
Identifying an Affirming Placement and Achieving Permanency CWLA Best Practice Guidelines: Serving LGBT Youth in Out-of-Home Care Chapters Six and Seven of this best practice guide provide information on how to ensure appropriate homes for LGBTQ youth and on working with LGBTQ youth in institutional settings. Topics include making individualized placement decisions, supporting caregivers of LGBTQ youth, and the protecting the safety and well-being of transgender youth.
Improving Safety, Permanency, and Well-Being for LGBTQ Youth This webinar is designed for foster parents and advocates to learn more about LGBTQ youth in foster care, the impact of family rejection, the struggle for inclusion and safety in care, and the lack of affirming resource families.
Working with Lesbian, Gay, Bisexual, Transgender, and Questioning/Queer Youth Chapter Four of this practice guide contains important information on ensuring the safety of LGBTQ youth in placement. It contains information things to consider in any placement, including a foster parent’s attitude toward LGBTQ youth, safety, and confidentiality.
Resource Highlight Identifying LGBTQ Affirming Families Created by New York City’s Administration for Children and Families (ACF), this guide provides an overview of the core competencies of an affirming home. It also includes a list of questions to ask prospective foster parents to determine if they will provide an affirming home, as well as things to assess once a youth has been placed. It also provides a list of concrete examples of incidents or issues in a placement that should be reported.
Supporting Transgender and Gender Expansive Youth A Place of Respect: A Guide for Group Care Facilities Serving Transgender and Gender Non- Conforming Youth This report helps group home staff understand the experiences and concerns of transgender and gender non-conforming youth, and explains how to respond to their safety, programmatic, and health care needs in an informed, effective manner that meets facilities’ legal obligations.
A Room of One’s Own: Safe Placement for Transgender Youth in Foster Care This law review article argues that New York City’s foster care placement policies, similar to Maryland’s requirements, violate the substantive due process safety rights of the transgender youth under its care.
Safe Havens: Closing the Gap between Recommended Practice and Reality for Transgender and Gender-Expansive Youth in Out-of-Home Care This report identifies barriers to affirming treatment for transgender and gender non- conforming youth in out-of-home care and suggests steps to eliminate these barriers. It includes national maps of specific out-of-home care statutes, policies, and licensing requirements related to sexual orientation, gender identity and gender expression.
Resources for Foster Parents Helping Families Support Their Lesbian, Gay, Bisexual, and Transgender (LGBT) Children This practice brief provides basic information to help families support LGBT children, shares new research from the Family Acceptance Project on the impact families have on LGBT youth’s mental health, and discusses acceptance for ethnically, religiously, and socially diverse families.
Reaching Higher: A Curriculum for Foster/Adoptive Parents and Kinship Caregivers Caring for LGBTQ Youth This curriculum was developed as a tool to help prepare foster, kinship, adoptive, and guardianship parents to care for LGBTQ youth. Module topics include balancing views that influence a foster parent’s perspective; effective engagement strategies for working with LGBTQ youth; and assessing, supporting, and affirming youth during the coming out process.
Ten Tips for Parents of a Gay, Lesbian, Bisexual, or Transgender Child This list provides parents and caregivers on how to support their LGBTQ youth. Multiple resources are provided, as well as a brief discussion of common issues and misconceptions.
Supporting Your LGBTQ Youth: A Guide for Foster Parents This guide for foster parents provides an introduction to basic terminology, addressing common misconceptions about LGBTQ youth, LGBTQ youth in the child welfare system, and tips on how to create a welcoming, affirming home.
Supportive Families, Healthy Children Helping Families with Lesbian, Gay, Bisexual & Transgender Children This guide for parents and caregivers is designed to help foster families with LGBTQ children and to decrease their risk for serious physical and mental health problems in adulthood.
Organizations and Other Programs Location Name or Area of Type(s) Description Operation LAYC’s Transitional Living programs provide Latin American housing to homeless or unstably housed youth Youth Center’s Housing between the ages of 18 and 21 for up to 18 DC Transitional Living Provider months. LAYC is able to serve the special needs of Program youth exiting foster care (CFSA referral required) and LGBT-identifying youth SMYAL’s Youth Housing program provides shelter, SMYAL Housing Housing DC food, case management services, crisis intervention, Program Provider & community support for LGBTQ youth ages 18-24. The Wanda Alston House is solely dedicated to The Wanda Alston Housing offering pre independent living and support DC House Provider services to homeless or at risk LGBTQ youth ages 16-24 in all 8 wards of the District of Columbia.
Health Care Legal Rights & Protections
Federal Law Overview Section 1557 is the non-discrimination provision of the Affordable Care Act (ACA).1 It prohibits discrimination in certain health programs or activities on the basis of race, color, national origin, sex, age, or disability.2 Section 1557 extends non-discrimination protections to individuals participating in: (1) any health program or activity, any part of which received funding from the U.S. Department of Health and Human Services (HHS); (2) any health program or activity that HHS itself administers; and (3) Health Insurance Marketplaces and all plans offered by issuers that participate in those Marketplaces.3
Section 1557 “prohibits most insurers from discriminating on the basis of sex—including gender identity—when providing health coverage.”4 LGBT individuals are protected under Section 1557’s prohibition against discrimination based on gender identity or sex stereotyping because discrimination based on sexual orientation typically falls into those broader categories.5
Despite this protection, the Trump administration has signaled its intention to reverse or at least to limit this protection.6 In 2017, the U.S. Department of Justice (DOJ) filed a motion to pause ongoing litigation that had temporarily blocked Section 1557 regulations and requested the regulations be sent back to HHS for review,7 and that case is on hold indefinitely.8 In January 2018, HHS announced a newly proposed regulation entitled “Protecting Statutory Conscience Rights in Healthcare” and created a new enforcement division within HHS’s Office of Civil Rights to resolve complaints from providers based on their moral or religious beliefs.9 These actions have the potential to create an unequal system of health care and to hurt the LBGTQ community.10
1 DEPT. OF HEALTH & HUMAN SERVICES, SECTION 1557 OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT (2017), https: //www.hhs.gov/civil-rights/for-individuals/section-1557/index.html. 2 Id. 3 Id. 4 HUMAN RIGHTS CAMPAIGN, SECTION 1557 OF THE AFFORDABLE CARE ACT AND WHAT IT MEANS (2016), https://www.hrc.org/blog/ section-1557-of-the-affordable-care-act-and-what-it-means. 5 National Women’s Law Center, Nondiscrimination Protection in the Affordable Care Act 1 (2016), https://nwlc-ciw49tixgw5l bab.stackpathdns.com/wp-content/uploads/2015/11/General-1557-Factsheet-May-2016.pdf . 6 Fenway Health, Trump Administration Signals Plans to Reverse Section 1557 Regulations Prohibiting Discrimination on the Basis of Gender Identity in Health Care, FENWAY FOCUS (May 4, 2017), http://bit.ly/2qm5UzA. 7 Christine Grimaldi, Trump Administration Reverses Course on Obamacare’s Civil Rights Protections, REWIRE.NEWS (May 2, 2017), https://rewire.news/article/2017/05/02/trump-administration-reverses-course-obamacares-civil-rights-protections/. 8 Andrew Stevens, Federal Court Stays Section 1557 Litigation Pending HHS’s Decision to Revisit Regulation, JDSUPRA (July 27, 2017), https://www.jdsupra.com/legalnews/federal-court-stays-section-1557-80882/. But see Andrew Stevens, Federal Court Rules that Section 1557 of Affordable Care Act Prohibits Gender-identity Discrimination in Healthcare, JDSUPRA (Oct. 11, 2017), https://www.jdsupra.com/legalnews/federal-court-rules-that-section-1557-38857/. 9 Andrew Stevens, New Developments Put the Spotlight on Federal Healthcare Provider Conscience Protections, JDSUPRA (Apr. 5, 2018), https://www.jdsupra.com/legalnews/new-developments-put-the-spotlight-on-80943/. 10 Ariana Eunjung et al., New HHS civil rights division charged with protecting health-care workers with moral objections, WASH. POST (Jan. 18, 2018), https://www.washingtonpost.com/news/to-your-health/wp/2018/01/18/new-hhs-civil-rights-division-charged- with-protecting-health-workers-with-moral-objections/?utm_term=.2c4eb7c927fa.
Federal Law Resources U.S. Code of Federal Regulations: Nondiscrimination in Health Programs and Activities, 45 C.F.F. pt. 92 (2016) (final rule implementing Section 1557 of the Affordable Care Act).
Department of Health and Human Services Resources: Section 1557: Frequently Asked Questions Discrimination on the Basis of Sex Section 1557: Protecting Individuals Against Sex Discrimination Advancing LGBTQ Health & Well-Being: 2015 Report
Department of Health and Human Services, Office of Civil Rights Resources: Fact Sheet: How to File a Discrimination Complaint with the HHS Office for Civil Rights Know Your Rights Against Discrimination: The Office for Civil Rights (OCR) Know the Rights that Protect Individuals with HIV and AIDS
Other Secondary Sources: Discrimination Prevents LGBTQ People from Accessing Health Care Nondiscrimination Protection in the Affordable Care Act: Section 1557 Trump Administration Plan to Expand Religious Refusal Rights of Health Professionals: Legal Issues and Concerns Section 1557 of the Affordable Care Act and What it Means What the New Affordable Care Act Nondiscrimination Rule Means for Providers and LGBT Patients Health and Access to Care and Coverage for Lesbian, Gay, Bisexual, and Transgender Individuals in the U.S. Know Your Rights: Healthcare Disclosing Your Sexual Orientation or Gender Identity to Healthcare Providers: The Effect of New HIPAA Regulations Health Care Fairness for LGBT People and People Living with HIV: Lambda Legal’s Health Care Docket Know Your Rights: Healthcare
District of Columbia Law D.C. Code: Prohibition of Discrimination in the Provision of Insurance on the Basis of AIDS Test o § 31–1610. Prohibition against discrimination in use of AIDS tests Mental Health Consumers’ Rights Protection o § 7–1231.02. Definitions. o § 7–1231.04. Conditions of mental health service delivery
D.C. Municipal Regulations: D.C. Mun. Regs. Tit. 4, § 8o3 (Accommodations for Health Care Needs)
Other Resources: Bulletin: Prohibition of Discrimination in Health Insurance Based on Gender Identity or Expression FAQ: Nondiscrimination in Health Insurance Based on Gender Identity or Expression Report on the Health of the Lesbian, Gay, Bisexual, and Transgender (LGBT) Community in the District of Columbia Recommended Best Practices for Working with Lesbian, Gay, Bisexual and Transgender (LGBT) Patients Healthcare Laws and Policies: Medicaid Coverage for Transition-Related Care
Offices Location Name or Area of Type(s) Description Operation Health Care Ombudsman and Bill of Rights Program was to counsel and provide assistance to uninsured DC Office of Health DC Government residents and individuals insured by health benefits Care Ombudsman plans in DC regarding matters pertaining to their health care coverage.
Health Care LGBTQ Youth & Issues in Health Care
Basic Information CDC: LGBT Youth This resource provides basic statistics on LGBT youth experiences with violence and discusses the effects that has on education and mental health. It also explores what schools can do to promote healthy learning environments for LGBT youth.
Top Health Issues for LGBT Populations Information & Resource Kit This resource kit provides an overview of current health issues among LGBTQ populations. It aims to create awareness of the needs, experiences, and health status of LGBT individuals.
Understanding the Health Needs of LGBT People This report discusses health disparities affecting LGBT groups and outlines steps clinicians, health centers, and other health care organizations can take to provide patient-centered care for LGBT people.
Discrimination and Disparities Health Care Refusals Harm Patients: The Threat to LGBT People and Individuals Living with HIV/AIDS This fact sheet discusses the serious emotional, physical and financial consequences a doctor’s refusal to provide medically appropriate care can have for LGBT people.
Health Disparities among Bisexual People This fact sheet provides an introduction to the health disparities experienced by bisexual people and its’ effect on their physical, sexual and mental health.
HIV/STI Prevention and Young Men Who Have Sex with Men: The vital importance of reaching the nation’s most at-risk population This resource page discusses the barriers to HIV prevention that young men who have sex with men face, along with guidelines for creating more effective prevention programs.
When Health Care Isn’t Caring: Lambda Legal’s Survey on Discrimination against LGBT People and People Living with HIV This report examines refusal of care and barriers to health among LGBT and HIV communities on a national scale and provides recommendations to better support this population.
Young Women Who Have Sex with Women: Falling through Cracks for Sexual Health Care This resource page explores how young women who have sex with women are still at risk of for HIV, STIs, and unintended pregnancies.
Standards of Care Health and Medical Organization Statements on Sexual Orientation, Gender Identity/Expression and “Reparative Therapy” This resource provides links to national health and medical organization’s policies and statements on sexual orientation, gender identity and expression, and reparative therapy.
The Fenway Guide to LGBT Health: Caring for LGBTQ Youth This presentation discusses developmental challenges, barriers to accessing healthcare, health concerns, and strategies for screening and education LGBTQ youth ages 12-24 years.
Optimizing LGBT Health under the Affordable Care Act This brief explains how the Affordable Care Act will benefit LGBT Americans, particularly through better data collection, stronger nondiscrimination policies, a new essential health benefits standard and other insurance reforms, and coverage expansions.
Finding and Interacting with Providers Coming Out to Your Doctor This guide provides tips for finding and being open with health care provides, as well as advice for providers on delivering competent care to LGBTQ patients.
National Alliance on Mental Illness: LGBTQ Support This resource discusses the increased negative mental health outcomes LGBTQ people face, as well as the effects of prejudice, stigma, suicide, and disparities in care. It also includes information and resources on identifying an LGBTQ-inclusive mental health provider.
Ten Things Bisexuals Should Discuss with Their Healthcare Provider This tip sheet discusses the health issues that health care providers have identified are concerns for bisexual people, including coming out to a provider, depression/anxiety, and substance use. Similar guides for gay men and lesbians are also available.
Specific Health Care Issues Bullying and LGBT Youth This fact sheet discusses how LGBT youth mental health, education and physical well-being are put at risk due to daily incidents of harassment, threats and violence
How HIV Impacts LGBTQ People This resource discusses how HIV disproportionately impacts segments of the LGBTQ community, how discrimination against LGBTQ people makes them particularly vulnerable to HIV, and how HIV prevention, treatment, and resource programs are underfunded.
Preventing Substance Abuse among LGBTQ Teens This brief discusses known data on LGBTQ youth and substance abuse. It also provides recommendations for parents, educators, and other adults who can help LGBTQ teens avoid or limit drug and alcohol use.
Sexual Assault and the LGBTQ Community This resource discusses sexual violence against LGBTQ people and serves as a LGBTQ-friendly resource for survivors of sexual assault.
The Impact of Homophobia and Racism on GLBTQ Youth of Color This article discusses the challenges LGBTQ youth of color face as members of multiple minority groups and their increased need for culturally competent services.
Violence Affecting LGBT Youth: DC Regional Public Health Case Challenge This report provides statistics on LGBT youth in the District of Columbia. It was developed as part of a project to reduce violence against the LGBT youth across the city.
What to Do If Your Provider Says “No” To PrEP This guide provides information for youth on how to respond under a variety of circumstances if a provider refuses to prescribe PrEP, the once-daily pill regimen that can someone stay HIV- negative.
How Do I Talk to My Provider about PrEP? This guide provides basic information on PrEP, which has been shown to be safe and highly effective against contracting HIV, and how to talk with a doctor about getting a prescription.
The Dangers of Conversion Therapy Ending Conversion Therapy: Supporting and Affirming LGBTQ Youth This report provides mental health professionals and families with information about effective and ineffective therapeutic practices related to children’s and adolescent’s sexual orientation and gender identity.
Just As They Are: Protecting Our Children from the Harms of Conversion Therapy This resource is designed to help parents recognize when and how conversion therapy is promoted, provide information about the dangers of the practice, and offer guidance on practices that promote their child’s health and well-being.
The Lies and Dangers of Efforts to Change Sexual Orientation or Gender Identity This resource discusses the research surrounding reparative therapy and how it leads to depression, anxiety, drug use, homelessness and suicide for minors.
Organizations, Providers, and Other Contacts Type or Name Location Description Topic The Fenway Institute is an interdisciplinary health The Fenway MA, Medical, center seeking to ensure access to quality, culturally Institute Online Policy competent medical and mental health care for LGBTQ people and those affected by HIV/AIDS. Health Professionals Advancing LGBT Medical, Equality, previously known as the Gay & Lesbian Online, GLMA Policy, Medical Association, is the world's largest and oldest National Advocacy association of LGBT healthcare professionals. GLMA’s website includes a provider directory for patients. Whitman-Walker’s mission is to be the highest quality, culturally competent community health center serving greater Washington’s diverse urban community, Whitman- Medical, DC including individuals who face barriers to accessing Walker Health Legal care, and with a special expertise in LGBTQ and HIV care. They have recently expanded the scope of care offered to youth. The Youth Pride Clinic is a specialized clinic within the Adolescent Health Center serving LGBTQ (lesbian, gay, bisexual, transgender, and questioning/queer) Youth Pride DC Medical patients throughout the greater Washington, D.C region. Clinic, CNMC It provides comprehensive primary and mental health care to LGBTQ youth and young adults between the ages of 12 to 21.
Health Care Unique Issues Facing Transgender Youth in Health Care Basic Information Article: Too Many Pediatricians Fail Their Trans Patients. Here’s How We Can Change That. This article discusses areas where pediatricians can improve medical care for transgender and gender expansive patients.
Debunking the Myths: Transgender Health and Well-Being This is a four part video series created to help dispel common misconceptions surrounding the healthcare and wellbeing of transgender people. The videos explore common myths about health care needs and priorities.
Know Your Rights—FAQ: Equal Access to Health Care This section within Lambda Legal’s website provides basic information about gender dysphoria, treatment and healthcare coverage.
Psychological and Medical Care of Gender Nonconforming Youth This article, published by the American Academy of Pediatrics, provides an overview of the clinical practice for the care of gender nonconforming youth. It explores the need for culturally competent providers from multi-disciplines, provides an overview of existing clinical practice guidelines, and discusses trainings needed to deliver culturally competent care.
Resource Highlight Supporting & Caring for Transgender Children Published by the Human Rights Campaign, this guide provides an excellent introduction for all audiences on supporting transgender and gender expansive children. In addition to a thorough explanation of the differences between being transgender and gender expansive, it provides a review of what medical and education experts know about transgender and gender-expansive children, addresses myths about gender transition in childhood and offers resources and suggestions for adults who are supporting a transgender child. Although it contains information that is useful more broadly, it focuses on children who have not yet reached adolescence.
Ten Things Transgender Persons Should Discuss with their Health Care Providers This fact sheet published by GLMA healthcare providers, list the 10 most common concerns for transgender people, including access to healthcare, health history, hormones, sexually transmitted diseases and safe sex, alcohol and tobacco, depression, and injectable silicone.
The Health and Rights of Transgender Youth: Understanding and Support Are Critical For This Highly Marginalized Group Published by Advocates for Youth, this article discusses the extreme disparities transgender youth experience and what is needed to address health, housing, safety and legal concerns.
The Medical Care of Transgender Persons Fenway Health’s Transgender Health Program developed a protocol for the care of transgender patients that reflects current knowledge and research derived from the collective experience of medical and mental health providers. This guide contains detailed information on hormone therapy, hormone treatment regimens, and pre- and post-operative care.
Transgender Youth: Providing Medical Treatment for a Misunderstood Population This article provides information on what it means to be transgender, available medical care for transgender children, and how this care can assist in improving a transgender child’s wellbeing.
Discrimination Effects of Transphobia on Transgender Communities This webinar examines societal forces, including stigma and discrimination, which lead to disproportionate rates of HIV and other negative health outcomes for transgender people. The link above includes slides that accompany the recording.
When Health Care Isn’t Caring: Transgender and Gender-nonconforming People This report summarizes the results of a Lambda Legal survey conducted to examine the experiences of LGBTQ and HIV communities with refusal of care and barriers to health care access. It focuses on transgender and gender expansive individuals.
Standards of Care American College of Obstetricians and Gynecologists: Care for Transgender Adolescents Published by the American College Obstetricians and Gynecologists’ Committee on Adolescent Health Care, this article provides the committee’s recommendations and conclusions regarding medical therapy, medical management and surgical options for transgender adolescents
Creating Equal Access to Quality Health Care for Transgender Patients: Transgender Affirming Hospital Policies This report provides model hospital policies designed to eliminate bias and insensitivity and ensure appropriate interactions with transgender patients. The policies address confidentiality, nondiscrimination, room assignments, access to restrooms and hormone therapy.
Resource Highlight Guidelines for the Primary and Gender-Affirming Care of Transgender and Gender Nonbinary People This document, published by the Center of Excellence for Transgender Health Guideline, discusses barriers of transgender people accessibility to primary health care. The document is designed to equip primary care providers and health systems the tools and knowledge to meet the health care needs of transgender and nonconforming patients.
Finding and Interacting with Providers Getting Expert Support and Care for Gender Expansive Children This resource provides information on how to identify an experienced medical or mental health provider to assist a child expressing distress over their gender and find supports for families of a gender-expansive child.
Let’s Talk About It: A Transgender Survivor’s Guide to Accessing Therapy This guide is designed to help transgender survivors of trauma identify an appropriate therapist, assess therapy needs, make initial appointments, and address issues unique to transgender individuals. It includes a checklist for screening a provider, the first session, and ongoing appointments.
Talking to Doctors and Medical Providers Geared toward parents, this resource provides basic information on education around transgender issues, talking with medical providers about a child’s transition, preparing a child for a doctor’s visit, preparing for an emergency,
Specific Health Care Issues Transgender Issues in HIV This article provides information on how providers can provide optimal care to transgender patients with HIV. It includes information on stigma and discrimination, HIV in transgender populations, and engagement and retention in HIV care.
Trans Health: Sexual Health for Transwomen This brochure from the Center of Excellence for Transgender Health provides basic information on transition surgery, STDs, fertility, breast health, and more. A similar pamphlet is available for transmen.
Suicidal Thoughts More Common For Transgender Youth This article discusses the data around transgender youth suicide compared with non- transgender youth, and it includes information on supportive ways to respond to someone who has discussed suicide.
Transitioning Accessing Coverage for Transition-Related Health Care This website provides information on challenging the denial of care for transgender people. It also includes tips for transgender people to advocate for insurance coverage of their medical needs.
Gender Development in Childhood This article provides information regarding the development of gender identity, theories of gender development, how to support a child and their gender identity, and the gender affirmation model.
Transgender Health Information Program This website has excellent subsections explaining medical affirmation and transition, medical transition options, social affirmation and transition, and social transition options. Many of the pages are geared toward parents and address common concerns related to various aspects of transitioning.
Transition-Related Health Care This factsheet explains the medical community’s current framework for understanding transition related care. In addition, it contains information on the ways private industries and municipal governments have begun to eliminate barriers to health care for transgender individuals.
Additional Resources GLMA’s Transgender Health Resources GLMA’s website provides resources for transgender health, parents of transgender youth, and healthcare providers, as well as a list of healthcare providers for transgender people.
Professional Organization Statements Supporting Transgender People in Healthcare This resource provides a list of organizations who have issued policies supporting inclusive health care for transgender people.
Organizations, Providers, and Other Contacts Type or Name Location Description Topic The mission of the Center of Excellence for Transgender Health is to increase access to Center of comprehensive, effective, and affirming health care Excellence for Online, Medical services for trans communities. Their website Transgender Global provides online learning, manual and guides, and up Health to date policy reports on transgender health for a variety of audiences. CNMC has four programs designed to support transgender, gender expansive, and intersex youth: Children’s Gender Development Program National DC Medical Gender and Autism Program Medical Center Positive Reevaluation of Urogenital Differences (PROUD) Clinic Youth Pride Clinic World WPATH is an interdisciplinary professional and Professional educational organization devoted to transgender Association for Online, Medical health. Its mission is to promote evidence based Transgender International care, education, research, advocacy, public policy, Health and respect in transgender health. (WPATH)
Juvenile & Criminal Justice Legal Rights & Protections Overview Just as in foster care, LGBTQ youth are overrepresented in the juvenile justice system.1 This is particularly true for girls of color. Nearly 40% of incarcerated girls identify as LGB and 85-90% of them are also youth of color.2 LGBTQ youth, particularly youth of color, “face discrimination and stigma that lead to criminalization and increased interactions with law enforcement and the criminal justice system.”3 LGBTQ youth also tend to “lack support or are over-policed at school, pushing them out of school and onto the streets.”4 Once on the street, policing strategies and discrimination by law enforcement, along with status offenses, drug laws, and the criminalization of sex work, often target LGBTQ youth.5
Federal Law Statutes: Prison Rape Elimination Act, 42 U.S.C. § 147 (2012) (PDF version).
Additional Resources: LGBT People and the Prison Rape Elimination Act Lesbian, Gay, Bisexual, Transgender, and Intersex Persons in Custodial Settings
District of Columbia Law D.C. Code: §§ 2-1515.01-1515.10. Department of Youth Rehabilitation Services Comprehensive Youth Justice Amendment Act of 2016 o Explanation of Comprehensive Youth Justice Amendment Act of 2016 Bias-Related Crimes o § 22-3701. Definitions
D.C. Dept. of Youth Rehabilitation Services (DYRS) Policies: A complete list of DRYS policies can be found here. Bullying Prevention LGBTQI Youth Prevention of and Response to Sexual Misconduct Protection of Confidential Information Youth Grievance Policy
1 CENTER FOR AMERICAN PROGRESS ET AL., UNJUST: LGBTQ YOUTH INCARCERATED IN THE JUVENILE JUSTICE SYSTEM 5-6 (2017), https://www.lgbtmap.org/file/lgbtq-incarcerated-youth.pdf. 2 Id. at 5. 3 Id. 4 Id. 5 Id.
Additional Resources: Dept. of Youth Rehabilitation Services Youth Grievance Process
Additional Resources Lesbian, Gay, Bisexual, and Transgender Youth in the Juvenile Justice System: Incorporating Sexual Orientation and Gender Identity into the Rehabilitative Process This law review article argues that, given the relationship between sexual orientation and/or gender identity and involvement of LGBT youth in the juvenile justice system, the system must address the specific needs of these youth as part of the rehabilitative process.
The Legal Rights of Lesbian, Gay, Bisexual, and Transgender Youth in the Juvenile Justice System This report examines LGBTQ youth’s rights under the U.S. Constitution, state and federal statutes and regulations, and agency policy while in the juvenile justice system.
Know Your Rights: Laws, Court Decisions, and Advocacy Tips to Protect Transgender Prisoners This guide identifies laws, court decisions, advocacy tips, and other resources that may be helpful for adult transgender prisoners. It discusses PREA, safety and protection from violence, medical care, housing and administrative segregation, and searches and privacy.
Organizations Location Name or Area of Type(s) Description Operation PRC’s aim is to provide assistance to those responsible for state and local adult prisons and National PREA jails, juvenile facilities, community corrections, Policy, Resource Center Online lockups, tribal organizations, and inmates and Resources (PRC) their families in their efforts to eliminate sexual abuse in confinement. Their website contains an extensive library of resources.
Criminal & Juvenile Justice LGBTQ Youth and Issues in the Justice System
Discrimination and Abuse Article: ‘I Was Scared to Sleep’: LGBT Youth Face Violence Behind Bars This article discusses the disproportionate number of LGBTQ youth in the juvenile justice system and the system’s failure to protect them from violence once they are detained.
End the Abuse: Protecting LGBTI Prisoners from Sexual Assault This four-part toolkit is designed for advocates both in and out of correctional settings to use the Prison Rape Elimination Act’s (PREA) requirements to end the abuse of LGBTI individuals.
School-to-Prison Pipeline & Disproportionate Representation Article: LGBTQ Youth in the Juvenile Justice System This article discusses the disproportionate number of incarcerated LGBTQ youth, examples of abuse in the system, and the harmful effects of isolation in detention.
Beyond Bulling: How Hostile School Climate Perpetuates the School-to-Prison Pipeline for LGBT Youth This report examines the disparate impact of harsh school discipline and the policing of schools on students of color and LGBT youth, as well as the role that adults in schools play in perpetuating hostile school climates for those youth. It also addresses the importance of having discipline policies that are fair and supportive, rather than punitive and criminalizing.
LGBTQ Youth of Color: Discipline Disparities, School Push-Out, and the School-to-Prison Pipeline This report summarizes the findings of a study examining LGBTQ youth of color and school climate, gender nonconforming youth, LGBTQ youth of color and the school-to-prison pipeline, and school pushout.
Locked In: Interactions with the Criminal Justice and Child Welfare Systems for LGBTQ Youth, YMSM, and YWSW Who Engage in Survival Sex This report summarizes a study focusing on LGBTQ youth who engage in survival sex and their interactions with the criminal and child welfare systems. It contains a literature review, plus chapters on LGBTQ interactions with and perspectives of law enforcement, system responses to youth, and stakeholder perspectives.
The Overrepresentation of Lesbian, Gay, Bisexual, Questioning, Gender Nonconforming and Transgender Youth within the Child Welfare to Juvenile Justice Crossover Population This report summarizes the results of a study surveying youth in seven juvenile detention facilities and discusses the reasons for LGBTQ overrepresentation.
The School-to-Prison Pipeline for LGBT Youth This short article discusses a qualitative example of the school-to-prison pipeline for LGBTQ youth and breaks down issue areas to examine in schools creating the pipeline.
The Unfair Criminalization of Gay and Transgender Youth: An Overview of the Experiences of LGBT Youth in the Juvenile Justice System This issue brief discusses the disproportionate pipelining of gay and transgender youth into the juvenile justice system, the bias and discrimination they face once within the system, and the steps that the federal government and state and local juvenile courts can take to ensure that gay and transgender youth are treated with dignity and respect.
Unjust: LGBTQ Youth Incarcerate in the Juvenile Justice System This spotlight report highlights the experiences of LGBTQ youth incarcerated in the juvenile justice system, highlighting limited oversight, inappropriate placement, and abuse and mistreatment as some of the key issues affecting youth.
Unjust: How the Broken Criminal Justice System Fails LGBT People This report examines evidence of ongoing and pervasive discrimination against LGBTQ people throughout the criminal legal system, from entry to exit. It also highlights the latest chapters in the long history of LGBTQ people’s resistance to criminalization, turning a spotlight on both individual experiences and collective organizing campaigns.
Supporting Youth & Improving Outcomes Hidden Injustice: Lesbian, Gay, Bisexual, and Transgender Youth in Juvenile Courts This report seeks to educate professionals working in the juvenile justice system about the continuing stigma against LGBTQ youth, identify obstacles to fair and equitable treatment of LGBTQ youth in delinquency and status offense cases, and recommend concrete practice and policy reforms that will protect LGBTQ youth.
Improving Services for Youth Who Are LGBT in Juvenile Justice Systems This fact sheet seeks to enhance the capacity of State and local administrators and practitioners to improve policies and practices for LGBTQ youth. It explores the experiences of youth who are LGBT generally, their entry into juvenile justice systems, and their experiences in these systems, and recommendations for policy and practice.
Lesbian, Gay, Bisexual and Transgender Youth in the Juvenile Justice System This practice guide is designed to support Juvenile Detention Alternative Initiative (JDAI) in ensuring the safety and well-being of LGBT youth in the juvenile justice system. It includes a discussion of specific practices, such as talking with youth about sexual orientation and gender identity and making individualized classification and housing decisions.
Mental Health Needs of LGBT Youth in the Juvenile Justice System This PowerPoint provides information on basic terminology, statistics on the number of LGBTQ youth in the juvenile justice system, and the experiences of youth in that system.
Model Policy & Practice Guidelines for Providing Non-Discriminatory Services to Lesbian, Gay, Bisexual, and Transgender (LGBT) Youth in Juvenile Justice Facilities This model policy and practice guide serves as a template for juvenile justice facilities to better protect and support LGBTQ youth. It includes language addressing, amongst other things,
confidentiality, intake, placement, names and language, gender presentation, bathrooms and showers, and medical and mental health care.
National Standards for the Care of Youth Charged with Status Offenses Section 1.10, beginning on page 32 of this guide, discusses how LGBTQ youth who are charged with status offenses can receive fair treatment, equal access to services, and respect and sensitivity from all professionals and other youth in court, services, school, and placement.
Responding to Sexual Abuse of Youth in Custody: Responding to the Needs of Boys, Girls, and Gender Non-Conforming Youth This training series provides 14 training modules on various topics, including the applicable PREA standards for responding to sexual abuse in custody and their gender impact, dynamics of custodial sexual abuse for boys, girls and gender non-conforming youth, and components of adolescent development and sexuality and understand its impact on sexual abuse of youth.
Restoring Justice: A Blueprint for Ensuring Fairness, Safety, and Supportive Treatment of LGBT Youth in the Juvenile Justice System This issue brief reviews recently enacted nondiscrimination policies implemented to treat LGBT youth with dignity and respect in the juvenile justice system and finds that each contains similar themes and provisions, which, when taken together, reflect best practice guidelines that have long been promoted by experts in the field.
Toward Equity: A Training Curriculum for Understanding Sexual Orientation, Gender Identity, and Gender Expression, and Developing Competency to Serve LGBT Youth in the Juvenile Justice System This training curriculum is a comprehensive, interactive program dedicated to LGBT youth in the juvenile justice system. It seeks to provide a foundation for increased knowledge about SOGIE issues and to create safe, inclusive, and affirming environments for detained youth.
Standing with LGBT Prisoners: An Advocate’s Guide to Ending Abuse and Combating Imprisonment This resource is designed to help introduce LGBT and allied activists to a range of issues that affect LGBT people behind bars, and prepare them to advocate for policies that will protect the safety, health, and rights of all LGBT people who may find themselves imprisoned.
‘We’ve Had Three of Them:’ Addressing the Invisibility of Lesbian, Gay, Bisexual and Gender Non- Conforming Youths in the Juvenile Justice System This article seeks to challenge an assumption that LGBT youth come from middle class, white families, and therefore, juvenile justice jurisdictions detaining large numbers of youths of color do not serve them.
Practice Guides & Tips for Advocates In Defense of LGBT Youth: Strategies to Help Juvenile Defenders Zealously Advocate for their LGBT Clients This article highlights the recommendations from the “Hidden Injustice” report, provided above, for juvenile defenders and presents strategies to help defense attorneys advocate for their LGBT clients as effectively as possible.
Keeping LGBTQ Youth Safe in Juvenile Justice & Delinquency Placements This fact sheet provides information for professionals working with LGBTQ youth in the juvenile justice system and discusses the importance of affirming placements, seeking alternatives to detention, and adopting policies to improve the quality of care provided to LGBTQ youth.
Practice Tips for Juvenile Defenders Published as a supplement to the “Hidden Injustice” report provided above, this practice guide includes tips for attorneys working with LGBT youth in the juvenile justice system, including advocating with a client-centered approach, developing meaningful attorney-client relationships, and responding to bias in the courtroom.
Representing Lesbian, Gay, Bisexual, Transgender, Queer, or Questioning (LGBTQ) Youth in Juvenile Court This guide provides basic information on LGBT youth in detention, the stigma and discrimination they experience, and best practices and strategies for representing them.
10 Tips: Working with LGBTQ Youth (in Juvenile Justice) This guide provides basic tips for attorneys working with LGBTQ youth in the juvenile justice system, including advice on conducting background interviews, asking difficult questions, respecting their privacy, finding experts, and utilizing the community.
Transgender Youth Entitled to Treatment: Medical Care for Transgender Adolescents in the Juvenile Justice System This guide briefly discusses medical treatment for transgender youth, the legal implications of denying a juvenile in custody such treatment, and recommendations for supporting transgender and gender expansive youth in custody.
FAQ: Answers to Common Questions about Mistreatment of Transgender and Gender Non- Conforming Incarcerated People This FAQ provides information on multiple topics, including protesting prison mistreatment, legal protections for transgender people in prison, and access to health care.
Law Enforcement Training Video on Interacting with Transgender Community This training video, designed for law enforcement, provides information, tools, and techniques to help ensure that interactions with members of the transgender community are respectful, professional and safe for all involved.
Police and the Trans Community This presentation, created for the DC Metro Police Academy, seeks to provide information on trans rights in DC and ensure full compliance with MPD’s policy on interactions with transgender people.
Organizations Location Name or Area of Type(s) Description Operation The Equity Project is an initiative to ensure that LGBT youth in juvenile delinquency courts are treated with dignity, respect, and fairness. The Advocacy, Equity Project examines issues of sexual The Equity Project Online Policy orientation, gender identity, and gender expression (SOGIE) that impact youth during the entire delinquency process, ranging from arrest through post-disposition.
Employment Legal Rights & Protections
Federal Law Overview To date, there is no federal law protecting LGBTQ people from employment discrimination or harassment. For decades, there have been political efforts to pass a federal Employment Non- Discrimination Act (ENDA), but these efforts have been, as yet, unsuccessful.1 The only codified protections for LGBTQ people against workplace discrimination exist at the state and local level.2
There have been small steps in recent years to improve employment protections for LGBTQ individuals under existing federal law, primarily through litigation under Title VII of the Civil Rights Act of 1964. In 2014, then Attorney General Eric Holder announced that the Department of Justice would “take the position in litigation that the protection of Title VII . . . extends to claims of discrimination based on an individual’s gender identity, including transgender status.”3 However, this position was reversed in October 2017 under Attorney General Jeff Sessions.4
As a result of these inconsistencies, “[a]n inconsistent and irreconcilable patchwork of state laws against LGBT workplace discrimination and federal court decisions interpreting existing federal law render LGBT employees insufficiently protected from workplace discrimination.”5
Federal Law Resources Case Law: Macy v. Holder, EEOC Decision No. 0120120821, 2012 WL 1435995 (2012). Schroer v. Billington, 577 F.Supp. 2d 293 (D.D.C. 2008). Veretto v. U.S. Postal Service, EEOC Decision No. 0120110873, 2011 WL 1435995 (2011).
Filing a Complaint with the EEOC: Filing a Charge of Discrimination with the EEOC or Local Agency Know Your Rights: Filing an Employment Discrimination Complaint with the EEOC Overview of Federal Sector EEO Complaint Process
Title VII: The Evolution of Title VII
1 Ed O’Keefe, ENDA, explained, WASH. POST (Nov. 4, 2013), https://www.washingtonpost.com/news/the- fix/wp/2013/11/04/what-is-the-employment-non-discrimination-act-enda/?utm_term=.267fd8aacb9d. 2 See generally State Maps of Laws & Policies, Human Rights Campaign, https://www.hrc.org/state-maps. 3 Press Release, Dept. of Justice, Attorney General Holder Directs Department to Include Gender Identity under Sex Discrimination Employment Claims (Dec. 28, 2014), https://www.justice.gov/opa/pr/attorney-general-holder-directs- department-include-gender-identity-under-sex-discrimination. 4 Sari Horwitz and Spencer S. Hsu, Sessions ends workplace protections for transgender people under civil rights act, WASH. POST (Oct. 5, 2017), https://wapo.st/2pRcRZc. 5 U.S. Commission on Civil Rights, Working for Inclusion: Time for Congress to Enact Federal Legislation to Address Workplace Discrimination against Lesbian, Gay, Bisexual, and Transgender Americans 5 (2017), http://www.usccr.gov/pubs/ LGBT_Employment_Discrimination2017.pdf.
EEOC Earns First-Ever Title VII Court Win in LGBT Discrimination Case Examples of Court Decisions Supporting Coverage of LGBT-Related Discrimination Under Title VII Frequently Asked Questions: What the EEOC’s Decision in Macy v. Holder Means for You Macy v. Holder: EEOC Affirms Protections for Transgender Employees
Additional Resources: Employment Discrimination and Transgender People Federal Sector Cases Involving LGBT Individuals Know Your Rights: Federal Employment
District of Columbia Law The District of Columbia’s Human Rights Law is one of the most comprehensive in the nation, and prohibits discrimination on the basis of sexual orientation, gender identity, and gender expression in employment. Additional information on the DC Human Rights Law and filing a complaint with the DC Office of Human Rights can be found in Chapter II, Section B of this practice kit.
D.C. Code: §§ 2-1402.11-1402.13. Prohibited Acts of Discrimination in Employment
D.C. Municipal Regulations: D.C. Mun. Regs. Tit. 4, Ch. 5, § 500 (Purpose) D.C. Mun. Regs. Tit. 4, Ch. 5, § 513 (Personal Appearance Guidelines) D.C. Mun. Regs. Tit. 4, Ch. 5, § 519 (Sexual Orientation Guidelines) D.C. Mun. Regs. Tit. 4, Ch. 5, § 599 (Definitions)
Maryland Law Maryland – Sexual Orientation and Gender Identity Law and Documentation of Discrimination This report outlines Maryland state and local legislation, executive orders, occupational licensing requirements, ordinances and policies involving employment discrimination based on sexual orientation and gender identity. It also includes case law, administrative complaints, and examples of employment discrimination by state and local governments.
Additional Resources Documenting Discrimination on the Basis of Sexual Orientation and Gender Identity in State Employment This report discusses the widespread and persistent pattern of unconstitutional discrimination by state governments based on sexual orientation and gender identity. It ultimately concludes that Congress should provide a private right of action for damages under ENDA to state government employees who have suffered discrimination.
Model Transgender Employment Policy: Negotiating for Inclusive Workplaces This guide provides a model transgender policy for employers, as well as sample work transition plan to help an employee’s transition.
Employment LGBTQ Youth & Issues in Employment
Discrimination & Its Effects A Broken Bargain: Discrimination, Fewer Benefits and More Taxes for LGBT Workers The second chapter of this report, entitled “Discrimination without Legal Protection,” provides a brief discussion of the effects hiring bias and on-the-job discrimination have on LGBTQ people, as well as the experiences of transgender employees who transition at work.
A Broken Bargain for LGBT Workers of Color The report examines how LGBT workers of color face unique challenges related to their race and ethnicity and their sexual orientation and/or gender identity in three areas: (1) educational barriers, (2) hiring bias and on-the-job discrimination, and (3) unequal pay and benefits.
Evidence of Employment Discrimination Based on Sexual Orientation and Gender Identity: An Analysis of Complaints Filed with State Enforcement Agencies, 2008-2014 This report measures how frequently LGBT people file complaints using laws prohibiting discrimination on the basis of gender, compared to how frequently race non-discrimination laws are used by people of color, and sex non-discrimination laws are used by women.
Left Behind: How LGBT Young People Are Excluded from Economic Prosperity This report provides an overview of the barriers LGBT young people face in seeking good jobs, supported by quantitative and qualitative data, and outlines policy recommendations to ensure that the basic bargain of upward economic mobility is attainable for LGBT young people.
Finding and Creating a Supportive Workplace Advocating for LGBTQ Equality in Your Workplace This website provides information on how LGBT individuals can identify allies, build support, and deliver proposals in their workplace. It includes guidance on workplace discrimination laws, gender transition guidelines, and establishing an employee resource group.
Coming Out at Work This resource provides information for LGBTQ people to think about when they are considering coming out at work, including questions to ask, assessing a workplace atmosphere, and the benefits of being open at work.
Corporate Equality Index Human Rights Campaign Foundation’s 2018 Corporate Equality Index is the national benchmarking tool on corporate policies and practices pertinent to LGBTQ employees. It includes a list of 609 businesses designated as being a “Best Place to Work for LGBTQ Equality.”
How Can I Find an Employer’s Non-Discrimination Policy? This website provides information on how to identify if an employer provides protection to LGBTQ employees through a non-discrimination policy.
LGBTQ Recruitment This resource provides information on LGBTQ professional and student associations, LGBTQ professional recruitment events, and LGBTQ-specific job sites.
Transgender Employees FAQ: Answers to Common Questions about Transgender Workplace Rights This resource provides an overview of the Employment Non-Discrimination Act (ENDA), protections for transgender employees without ENDA, and how transgender people are protected by existing sex discrimination laws.
Tips for Working with Transgender Coworkers This pamphlet, designed for people working with transgender coworkers, provides info on basic terminology and tips for ensuring a positive work environment.
Transgender Inclusion in the Workplace: Recommended Policies and Practices This resource provides links on creating employment policies to support transgender employees, including creating policies to support transitioning employees.
Resource Highlight Transgender Youth Employment Toolkit: A Guide for Case Managers Designed for employment case managers working with youth clients, this guide offers transgender-specific tips, activities, and resources for case managers to integrate into the work they already do with every young person. Topics discussed include case management tips, supporting a social transition, working with employers, helping transgender individuals find employment, and creating ongoing support for transgender employees.
Qualified and Transgender: A Report on Results of Resume Testing for Employment Discrimination Based on Gender Identity (DC Office of Human Rights) Published by the DC Office of Human Rights, this report presents the findings from a government-run testing project to analyze how employers respond to resumes from applicants perceived as transgender compared with resumes of applicants perceived as cisgender.
Organizations and Other Programs Location Name or Area of Type(s) Description Operation Hosted at the DC Center for the LGBT Community, the Job Club is a weekly job support program to Job Club at the DC Employee help job entrants and seekers, including the long- Center for the LGBT DC Resource term unemployed, improve self-confidence, Community motivation, resilience and productivity for effective job searches and networking. Out & Equal Workplace Advocates is a non-profit dedicated to achieving LGBT workplace equality. They partner with Fortune 1000 companies and Out & Equal Employer/ government agencies to provide executive Workplace Online Employee leadership development, comprehensive training Advocates Resource and consultation, and professional networking opportunities that build inclusive and welcoming work environments.
Name and Gender Change Overview
This section outlines the state and federal policies that govern changing one’s name and gender on a multitude of legal documents. It also provides step-by-step guidance for individuals, and their attorneys, who seek to make those changes. Because this area of law is undergoing rapid change, advocates should contact each entity discussed to ensure they have the most up-to-date information.
The Importance of a Name and Gender Change For many transgender people, obtaining a legal name and gender change is more than a formality. It is a significant step “toward making their legal identities match their lived experience.”1 Without appropriate identity documents, basic activities, such as opening a bank account, traveling, or starting a new job, can become an invitation for harassment and discrimination.2
Approximately 40% of transgender persons reported experiencing harassment when, in the ordinary course of life, they presented ID that did not match their gender presentation.3 Another 3% reported being attacked while 15% were asked to leave.4 Transgender people are also more likely to experience hiring and housing discrimination when their identity documents do not reflect their lived experience.5
Obtaining a Name and Gender Change Generally, an individual must file a Petition for a Name Change in order to obtain a legal name change. This process varies slightly by jurisdiction and may involve fees, publication, and an oral hearing. Once an Order for Name Change is issued, an individual can use it to change his or her name on a number of legal documents. Detailed instructions for undergoing this process in DC and Maryland are provided in this Toolkit along with resources for obtaining information for other jurisdictions.
The process for changing one’s gender on official documents varies widely by jurisdiction and agency. For some documents, proof of “medical transition” (defined in myriad of ways) is required.6 For others, an affidavit from the individual, a therapist, social worker, or other medical professional is all that is required.7
1 The Name Change Project, TRANSGENDER LEGAL DEF. & EDUC. FUND, http://tldef.org/work_show.php?id=7. 2 Lambda Legal, Chapter V: Identity Documents, in TRANSGENDER RIGHTS TOOLKIT: A LEGAL GUIDE FOR TRANS PEOPLE AND THEIR ADVOCATES (2016), http://bit.ly/2nnQzzs. 3 Jaime M. Grant et al., Injustice at Every Turn: A Report of the National Transgender Discrimination Survey 5 (2011), http://www.endtransdiscrimination.org/PDFs/NTDS_Report.pdf. 4 Id. 5 Id. at 139. 6 Lambda Legal, supra note 2 at 17. 7 See, e.g., ID Documents Center: District of Columbia, NAT’L CENTER FOR TRANSGENDER EQUALITY, http://bit.ly/2Beqf0q; ID Documents Center: Nevada, NAT’L CENTER FOR TRANSGENDER EQUALITY, http://bit.ly/2AuNcgl.
Name and Gender Change Washington, DC
Overview of the Process In the District of Columbia, the first step in the name change process is to apply for a court order from DC Superior Court recognizing your name change.1 Under District of Columbia law, to apply for a legal name change, a person must: (1) have lived in DC for at least six months before filing the application; (2) complete and submit the Application for Change of Name, as well as supporting documentation; (3) be at least 18 years old (a parent, legal guardian, or next-of-kin may apply on behalf of a minor child); and (4) pay the court filing fee (or get a Fee Waiver if he or she qualifies based on low income).2
After obtaining a court order recognizing a name change, a person can make changes to a number of other documents. Whitman-Walker Health, in partnership with Trans Legal Advocates of Washington (TransLAW), provides a detailed guide for residents of the District of Columbia wishing to change their name and/or gender marker on identity documents and other records. The guide includes a step- by-step checklist to complete the name/gender change process in DC and a schedule of fees and related expenses associated with the process.
Resource Highlight Name & Gender Change Guide for Residents of Washington, DC (updated Aug. 2017) The guide contains in-depth information on multiple topics, including: (1) obtaining a court order for a change of name and gender, (2) changing a name and/or gender on a birth certificate, and (3) changing the name and/or gender with (a) the Social Security Administration, (b) the DC Dept. of Motor Vehicles, (c) United States Citizenship and Immigration Services (USCIS), (d) Selective Service, (e) the DC Department of Human Services Economic Security Administration (DC-ESA), insurance providers, creditors, and others, and (f) on a U.S. Passport. The guide is also available in Spanish.
Important Forms DC Application to Amend Birth Certificate of a Minor DC Application & Checklist for Change of Name of an Adult Instructions & Application for an Updated Gender Marker on a DC Birth Certificate Procedure for Establishing or Changing Gender Designation on a DC Driver License or Identification Card
1 WHITMAN-WALKER HEALTH, CHANGE GUIDE FOR RESIDENTS OF WASHINGTON, DC 3 (2017). 2 Application for Change of Name, D.C. COURTS, https://www.dccourts.gov/services/judge-in-chambers/application-change-name.
Relevant Law & Regulations D.C. Code: Amendment to the Vital Records Act of 1981 Statutes revised by the Improving Access to Identity Documents Amendment Act of 2016 o § 7–221. Vital records fees and fund. o § 50–1401.01. Fee; examination; age requirements; lost permits; provisions for armed forces personnel; contents; operation without permit prohibited; restrictions for minors. o § 50–1401.03. Federally-accepted driver’s license — Identification card option. o § 50–1401.05. Limited purpose driver’s license, permit, or identification card. Amending a Birth Certificate o § 7–217. Amendment. (Amending birth certificate) Change of Name or Gender o § 16–2501. Application; persons who may file. o § 16–2503. Decree.
D.C. Municipal Regulations: Rules Regarding Gender Identity or Expression o D.C. Mun. Regs. Tit. 4, § 8oo (Purpose) o D.C. Mun. Regs. Tit. 4, §807 (Background Checks) o D.C. Mun. Regs. Tit. 4, §899 (Definitions) Voter Registration Name Change o D.C. Mun. Regs. Tit. 3, § 515 (Changes in Registration: Name)
Additional Community & Legal Resources Location Name or Area of Type(s) Description Operation The Trans Legal Advocates of Washington (TransLAW), in collaboration with Whitman- Name & Gender Legal, Walker Health, offers a free Name and Gender DC Change Clinic Advocacy Change Clinic. It consists of a one-on-one meeting with a trained attorney who provides assistance with the name and gender change processes. The National Center for Transgender Equality National Center for provides a guide on how to obtain a legal name Transgender change and update your name/gender on state and Equality ID DC, Legal, federal IDs and records in DC. The DC profile Documents Online Policy contains detailed information on different policies Center—District of and procedures associated with the process and Columbia includes links to important forms and other resources.
Name and Gender Change Maryland
Overview of the Process In Maryland, the first step in the name change process is to apply for an Order for Change of Name from the county or city courthouse where you live.1 It should be noted that there are additional filing requirements if the person seeking a name and gender change is a minor.2 To change your name, you must file a completed name change package with the court where you live. This package includes a Petition for Change of Name, Notice for Publication, Order for Change of Name, a copy of an official document reflecting your current legal name, and a filing fee, which can be waived.3
The process for filing a name change package and subsequent required steps are detailed in a guide published by Whitman-Walker Health, in partnership with Trans Legal Advocates of Washington (TransLAW). The guide includes a step-by-step checklist to complete the name/gender change process in MD and a schedule of fees and related expenses associated with the process.
Resource Highlight Name & Gender Change Guide for Residents of Maryland (updated Feb. 2017) The guide contains in-depth information on multiple topics, including: (1) obtaining a court order for a change of name and gender, (2) changing a name and/or gender on a birth certificate, and (3) changing a name and/or gender with (a) the Social Security Administration, (b) the MD Dept. of Motor Vehicles, (c) on a U.S. Passport, (d) with the Selective Service, (e) with United States Citizenship and Immigration Services (USCIS), and (f) insurance providers, creditors, and others.
Important Forms
Instructions for Change of Name of An Adult
Petition for Change of Name (Adult) Notice for Publication (Adult) Instructions for Petition for Change of Name of a Minor Petition for Change of Name (Minor) Parental Consent to Change of Name (Minor) Notice for Publication Certificate of Publication
1 WHITMAN-WALKER HEALTH, CHANGE GUIDE FOR RESIDENTS OF MARYLAND 3 (2017). 2 Id. at 5. 3 Id. at 3-4.
Relevant Law & Regulations M.D. Code: Vital Records and Statistics o § 4-211. New birth certificates; conditions, requirements o § 4-214. Amendments to certificate
M.D. Rules: Change of Name o Rule 15-901. Action for Change of Name
Additional Guidance: Changing Gender Designation on Your Maryland Driver’s License, Learner’s Permit, or Identification Card Fact Sheet: Applying for a New Certificate of Birth Following Sex Change or Diagnosis of an Intersex Condition MD Birth Certificates: Frequently Asked Questions TransLAW: Maryland Name and Gender Change Guidance
Additional Community & Legal Resources Location Name or Area of Type(s) Description Operation FreeState Justice provides legal services to low- income lesbian, gay, bisexual, transgender, and FreeState Justice: Legal, queer Maryland residents. They provide assistance MD Legal Services Advocacy for a variety of legal issues, including name changes and gender marker changes on birth certificates or state-issued identification. The Trans Legal Advocates of Washington (TransLAW), in collaboration with Whitman- Name & Gender Legal, Walker Health, offers a free Name and Gender MD Change Clinic Advocacy Change Clinic. It consists of a one-on-one meeting with a trained attorney who provides assistance with the name and gender change processes. The National Center for Transgender Equality provides a guide on how to obtain a legal name National Center for change and update your name/gender on state and Transgender MD, Legal, federal IDs and records in MD. The MD profile Equality ID Online Policy contains detailed information on different policies Documents and procedures associated with the process and Center—Maryland includes links to important forms and other resources.
Name and Gender Change Additional Resources
Obtaining a Name and Gender Change in Virginia Name & Gender Change Guide for Residents of Virginia (updated Aug. 2017) The guide contains in-depth information on multiple topics for Virginia residents, including: (1) obtaining a court order for a change of name and gender, (2) changing the name and gender on a birth certificate, and (3) changing a name and/or gender with (a) the Social Security Administration, (b) the VA Dept. of Motor Vehicles, (c) United States Citizenship and Immigration Services (USCIS), (d) Selective Service, (e) the VA Department of Human Services Economic Security Administration (DC-ESA), insurance providers, creditors, and others, and (f) on a U.S. Passport. Obtaining a Name and Gender Change in Other Jurisdictions Changing Birth Certificate Sex Designations: State-By-State Guidelines This state-by-state guide contains a list of legal authorities intended to assist with the process of changing the sex listed on a person’s birth certificate. For each state, the relevant statute citation and text is provided, along with general notes and a summary of whether or not an amendment can be obtained in that jurisdiction.
National Center for Transgender Equality’s ID Documents Center NCTE’s ID Documents Center provides information on how to obtain a legal name change and update the name/gender on federal and state IDs and records in all 50 states, the U.S. Territories, and the District of Columbia. It also contains information and forms required to obtain a name change and update gender markers on a driver’s license and birth certificate.
State-by-State Overview: Rules for Changing Gender Markers on Birth Certificates This fact sheet, published by the Transgender Law Center, provides an overview of which states have a process for updating gender markers on birth certificates and a link to the basic outline of what those states’ policies look like.
Updating Other Documents A Transgender Advocate’s Guide to Updating and Amending School Records This short guide provides basic information on the Family Educational Rights and Privacy Act (FERPA) and how to amend name and gender markers on educational records. It discusses a person’s rights under FERPA, how to make a request to amend records if a person is under 18 or after they have graduated, and the requirements for schools under FERPA.
Know Your Rights: Immigration Documents This guide provides information on how to update the name and/or gender marker on immigration documents. Topics discussed include the contents of a provider certification letter, updating employment authorization and/or permanent resident card, and updating naturalization certificate.
Know Your Rights: Military Records This guide provides information on how to update the name and/or gender marker on military records. It discusses the Department of Defense’s policy, how to change the name on DD214 military discharge records, and the process for updating name and gender in the Defense Enrollment Eligibility Reporting System (DEERS).
Transgender People and the Social Security Administration Under the Social Security Administration (SSA) new policy for updating records to reflect a person’s gender identity, a transgender person can change their gender on their Social Security records by submitting either government-issued documentation reflecting a change or a certification from a physician confirming they have had appropriate clinical treatment for gender transition. This guide provides basic information on how to update a person’s gender with the SSA and what that change will mean.
Voting While Trans: Preparing for Voter ID Laws Regardless of whether someone has ever had trouble voting in the past, voter ID laws can make it harder for many transgender people to vote. Even if they have the required ID, new laws may encourage additional scrutiny toward and bias against transgender voters. This guide provides information all transgender people should know to be able to cast their vote, including checklists for pre-election and Election Day, information for poll workers and election officials, and why voter ID laws can prevent transgender voters from voting.
Understanding the Passport Gender Change Policy In June 2010, the State Department announced a new policy to issue passports that reflect a person’s current gender when either a previous passport or other personal documentation presented by an applicant reflects a different gender. Under the new policy, a transgender person can obtain a passport reflecting his or her current gender by submitting a certification from a physician confirming that he or she has had appropriate clinical treatment for gender transition. This guide provides basic information on how to obtain a passport under the new policy, when a physician certification is required, and what constitutes appropriate clinical treatment under the policy.
Organizations Location Name or Area of Type(s) Description Operation The Trans Legal Services Network, created by the National Center for Transgender Equality, is a Trans Legal Services National, Legal, group of over 60 organizations dedicated to Network Online Advocacy providing name and gender change services or other legal services for trans people in their area.
Additional Resources For LGBTQ Youth
Foster Care & Independent Living District of Columbia Bill of Rights for Children and Youth in Foster Care The Bill of Rights is available in additional languages, along with administrative guidelines on how it is to be used.
It’s Your Life—Opening Doors: Improving the Legal System’s Approach to LGBTQ Youth in Foster Care This guide provides LGBTQ youth tools and support to navigate the child welfare system, explains their basic rights, explains what they can expect from child welfare professionals, helps them determine if child welfare professionals are meeting their needs and expectations, and details who to turn to if they feel their rights are being violated.
On Our Own: A Survival Guide for Independent LGBTQ Youth This guide is designed to help youth who are LGBTQ and aren’t able to rely on their parents or guardians for financial support.
Coming Out I Think I Might Be Transgender, Now What Do I Do? Published by Advocates for Youth, this brochure was created by and for transgender youth. It addresses issues including coming out, what it’s like to be young and transgender, if being transgender is normal, and what it means to transition. Advocates for Youth has published similar brochures for lesbian, gay, and bisexual youth.
Be Yourself: Questions and Answers for Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Youth This publication aims to help LGBTQ youth understand themselves and the LGBTQ community by answering basic questions and recommending supportive resources.
Human Rights Campaign’s Coming Out Center This website contains stories and links to resources on coming out, as well as a brief history of National Coming Out Day.
Organizations and Other Resources Location Name or Area of Type(s) Description Operation Advocacy, The BRC is committed to providing support to the Bisexual Resource Online Support bisexual community and raising public awareness Center Resource about bisexuality and bisexual people.
The primary objective of Campus Pride is to develop necessary resources, programs and Campus Pride Online Education services to support LGBTQ and ally students on college campuses across the United States. The GenOUT Chorus is the Washington, DC area’s first-ever vocal ensemble for LGBTQ youth Activity, and their allies. It operates under the two-fold GenOUT Chorus DC Support mission: (1) to give young LGBTQA people a Resource voice, and (2) to connect that voice to community. The ensemble is open to all singers between the ages of 13 and 18. The It Gets Better Project inspires people across National, Support the globe to share their stories and remind the It Gets Better Project Online Resource next generation of LGBTQ+ youth that hope is out there, and it will get better. The LGBT National Help Center provides vital peer-support, community connections and resource information to people with questions regarding sexual orientation and/or gender LGBT National Help National, Support identity. Their LGBT National Youth Talkline Center Online Resource provides telephone, online private one-to-one chat and email peer-support, as well as factual information and local resources for cities and towns across the United States. SMYAL (Supporting and Mentoring Youth Advocates and Leaders) supports and empowers Activity, LGBTQ youth in the D.C. area. Through youth DC, MD, SMYAL Support leadership, SMYAL creates opportunities for VA Resource LGBTQ youth to build self-confidence, develop critical life skills, and engage their peers and community through service and advocacy. Trans Lifeline is a non-profit dedicated to the National, Support well-being of transgender people. They run a Trans Lifeline Online Resource hotline staffed by transgender people for transgender people. The Trevor Project is the leading national National, Support organization providing crisis intervention and The Trevor Project Online Resource suicide prevention services to LGBTQ young people ages 13-24. Youth Pride Alliance is an organization for LGBTQ and ally youth empowerment Youth Pride Activity, to encourage positive self-development and DC Alliance Advocacy expression, as well as leadership, while bridging diverse communities and individuals to address issues of visibility, equality, and social justice.
Additional Resources National & Local Organizations
Almost all subsections in this practice kit contain a list of organizations or programs related to the chapter topic. Please note that the lists below do not include those organizations.
National Organizations Location or Name Area of Type(s) Description Operation Advocates for Youth champions efforts that help young people make informed and responsible decisions about their reproductive and sexual health. Advocates believes it can Advocates for National, Advocacy, best serve the field by boldly advocating for a Youth Online Policy more positive and realistic approach to adolescent sexual health. Advocates focuses its work on young people ages 14-25 in the U.S. and around the globe. Casey Life Skills is a free practice tool and framework for working with youth in foster Casey Family General care. It assesses independent living skills and Online Programs Resource provides results instantly. The Assessment includes an optional supplement developed specifically for LGBTQ youth. Center Link is a member-based coalition to International, Center Link Advocacy support the development of strong, sustainable Online LGBT community centers. The Family Acceptance Project is a research, intervention, education and policy initiative that works to prevent health and mental health Family Acceptance National, Advocacy, risks for LGBT children and youth, including Project Online Policy suicide, homelessness and HIV – in the context of their families, cultures and faith communities. GLAAD is the world’s largest LGBTQ Media Advocacy Organization and works through National, Advocacy, GLAAD entertainment, news, and digital media to share Online Media stories from the LGBTQ community that accelerate acceptance. Education, HeartStrong is a nonprofit social justice Heartstrong Online Support organization founded to support LGBTQ Group students attending religious schools.
HRC is the largest LGBTQ civil rights organization and works to guarantee LGBTQ Human Rights National, Advocacy, people are treated equally and embraced as full Campaign Online Policy members of society at home, work, and in every community. Immigration Equality advocates for and Immigration Legal, represents LGBTQ and HIV-positive National Equality Policy immigrants seeking safety, fair treatment, and freedom. Lambda Legal is the oldest and largest national legal organization whose mission is to achieve National, Advocacy, full recognition of the civil rights of lesbians, Lambda Legal Online Policy, Legal gay men, bisexuals, transgender people and everyone living with HIV through impact litigation, education and public policy work. The National Black Justice Coalition (NBJC) is a civil rights organization dedicated to the empowerment of Black LGBTQ and same National Black National, Advocacy, gender loving (SGL) people, including people Justice Coalition Online Policy living with HIV/AIDS. NBJC’s mission is to end racism, homophobia, and LGBTQ/SGL bias and stigma. NCLR is a national legal organization Advocacy, committed to advancing the civil and human National Center for National, Policy, rights of lesbian, gay, bisexual, and transgender Lesbian Rights Online Legal people and their families through litigation, legislation, policy, and public education. The National Center for Transgender Equality National Center for National, Advocacy, is the nation’s leading social justice advocacy Transgender Online Policy organization winning life-saving change for Equality transgender people. The National LGBTQ Task Force is a grassroots National LGBTQ National, Advocacy, organization seeking to advance full freedom, Task Force Online Policy justice and equality for LGBTQ people. PFLAG is the nation's largest family and ally Advocacy, organization. By meeting people where they National, PLFAG Support are and collaborating with others, PFLAG Online Resource realizes its vision through support for families, allies and people who are LGBTQ. Safe Schools Coalition is a public-private partnership, in support of LGBTQ youth, Safe Schools Advocacy, WA, Online working to help schools become safe places Coalition Education where every child can learn, regardless of gender, gender identity or sexual orientation.
Transgender Law Center changes law, policy, and attitudes so that all people can live safely, Transgender Law National, Advocacy, authentically, and free from discrimination Center Online Policy, Legal regardless of their gender identity or expression.
Local Organizations Location or Name Area of Type(s) Description Operation The DC LGBT Center educates, empowers, Advocacy, celebrates, and connects the lesbian, gay, The DC Center for Health, bisexual, and transgender communities. It the LGBT DC Support focuses on health and wellness, arts & culture, Community Resource social & peer support, and advocacy and community building. CBE is committed to supporting leaders, institutions and programs for health, economic and social equity for LGBT people of African descent. Their mission is to promote a Center for Black Advocacy, DC multinational LGBT network dedicated to Equity Policy improving health and wellness opportunities, economic empowerment, and equal rights while promoting individual and collective work, responsibility, and self-determination. The LGBT Liaison Unit is a team of dedicated officers that focuses on the public safety needs of the LGBT communities. Their primary focus MPD LGBT Liaison Criminal DC is to gain the trust of the community and seek Unit Justice out information that leads to the closure of hate crime and violent crime within the LGBT community. Metro DC PLAG promotes the equality and well-being of gay, lesbian, bisexual, and transgender persons, their families and friends Support PFLAG Metro DC DC, MD, VA through support to cope with an adverse Resource society, education to enlighten an ill-informed public, and advocacy to end discrimination and secure equal civil rights. Rainbow Families supports and connects LGBTQ parents and prospective parents by Support Rainbow Families DC, VA, MD providing educational programs, social events, Resource and discussion forums for LGBTQ parents and prospective parents in the DMV area.
TGEA is a non-profit organization whose mission is to provide a comprehensive Transgender transgender (TG) support system and means Education Support for individuals to understand transgenderism, DC, VA Association of Resource helping individuals to overcome their sense of Greater Washington isolation, and providing appropriate educational and social opportunities and activities.