LGBTQ Protections

The Department of Education's Office of Civil Rights (OCR) enforces Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C. §§ 1681 et seq., and its implementing regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in any education program or activity receiving Federal financial assistance from the Department. Every elementary and secondary school system, college and university, vocational school, and proprietary school that receive funds from the U.S. Department of Education has an obligation to protect all students, including LGBTQ students, from unlawful sex discrimination.

Although Title IX has long been understood to encompass discrimination based on a student’s failure to conform to sex-based stereotypes, neither Title IX itself nor its implementing regulations mention discrimination on the basis of a student’s sexual orientation or gender identity. On June 15, 2020 the U.S. Supreme Court held that discrimination on the basis of an individual’s status as homosexual or transgender constitutes sex discrimination within the meaning of Title VII of the Civil Rights Act of 1964. See Bostock v. Clayton Cty., Ga., 140 S. Ct. 1731, 1741 (2020) (“[I]t is impossible to discrimination against a person for being homosexual or transgender without discriminating against that individual based on sex.”). OCR does not enforce Title VII and Bostock does not control the Department’s interpretation of Title IX. Nevertheless, in cases where a complaint alleges that a school’s action or policy excludes a person from participation in, denies a person the benefits of, or subjects a person to discrimination under an education program or activity, on the basis of sex, the Bostock opinion guides OCRs understanding that discrimination against a person based on their status as homosexual or transgender generally involves discrimination on the basis of their biological sex.

The right to "reasonably safe conditions of confinement" and "freedom from unreasonable bodily restraint." Youth have a right to physical and emotional safety, adequate food, shelter, clothing, and appropriate medical care.

LGBT Californians receive protections from discrimination in state-funded programs and activities.

Protects LGB Youth against discrimination and harassment in the state's juvenile justice facilities

Prohibits mental health professionals from using "conversion therapy" to attempt to change a minor client's sexual orientation.

All foster children in California have the right to fair and equal access to all available child welfare services, placements, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived sexual orientation or gender identity.

All persons engaged in providing care and services to foster children shall have fair and equal access to all available programs, benefits, services, and licensing processes, and shall not be subjected to discrimination or harassment on the basis of their clients or their own, actual or perceived sexual orientation or gender identity.

County child welfare departments, group home facilites, and foster family agencies have a legal responsibility to provide care, placement, and services to foster children, family members, foster parents, and service providers without discrimination on the basis of actual or perceived sexual orientation or gender identity.

AB 537, the California Student Safety and Violence Prevention Act of 2000, changed California's Education Code by adding actual or perceived sexual orientation and gender identity to the existing nondiscrimination policy. State law says that '"gender' means sex, and includes a person's gender identity and gender related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth." The nondiscrimination policy also prohibits harassment and discrimination on the basis of sex, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability. AB 537 protects students and school employees against discrimination and harassment at all California public schools and any school receiving state funding except religious schools.