|5. A public school may not discriminate against a student based on the student’s gender nonconformity.||
In 2006, Washington’s Law
Against Discrimination, which already prohibited various other kinds of
discrimination in, among other things, employment and public accommodation
[which includes public schools], was amended to prohibit discrimination based on
sexual orientation and gender identity and expression.
Washington also has two statutes that ban discrimination in education, (1) RCW 28A640 - Sexual Equality, which bans discrimination on sex and 92). RCW 28A642 - Discrimination prohibition bans discrimination on sexual orientation, which includes gender identity or expression.
Now at least 18 states, plus the District of Columbia, have statutes expressly protecting students against discrimination based on sexual orientation and gender identity and an additional three have prohibitions on discrimination based on sexual orientation only. In other states, students may find LGBT-inclusive antidiscrimination protections in administrative regulations, local ordinances, and/or board of education policies. Courts in various parts of the country have properly recognized that federal civil rights protections – including Title IX and the Constitution’s Equal Protection Clause – prohibit irrational discrimination based on gender stereotypes in schools, regardless of what state law provides. Unfortunately, not all courts have been receptive to claims alleging discrimination based on sex and gender stereotypes. The Supreme Court has only provided limited guidance on these issues.
|a.||True, in Washington State|
|b.||True, in 12 other states but not in Washington|
|c.||True, anywhere in the United States|
|d.||A and probably C. YES!|
|e.||None of the above.|
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