National
GLSEN warns of ‘school to prison pipeline’ for youth
New federal guidance on discipline disparities excludes LGBT youth


‘Ending discriminatory practices in school discipline is one of the most critical civil rights issues facing K-12 education today,’ said GLSEN Executive Director Eliza Byard. (Washington Blade file photo by Michael Key)
The Gay, Lesbian & Straight Education Network, a national group that advocates for LGBT youth in the nation’s schools, says LGBT students and youth of color have been disproportionately impacted by overly harsh school disciplinary practices.
In a statement released earlier this month, GLSEN praised a new Obama administration initiative to discourage elementary and secondary schools from administering student discipline based on race or other discriminatory grounds.
But the GLSEN statement notes that the initiative issued jointly by the Department of Education and the Department of Justice doesn’t specifically reference LGBT youth, raising concern that overly harsh disciplinary practices will continue to funnel LGBT students into what education experts call a “school to prison pipeline.”
This so-called “pipeline,” education reform advocates say, refers to students who land in the criminal justice system, including prison, after being repeatedly suspended or expelled from school. Reform advocates, including GLSEN, have argued that alternative disciplinary approaches should be employed to ensure school safety without overly relying on suspension and expulsion as punishment.
GLSEN has pointed to numerous cases where LGBT students are suspended or expelled for “fighting back” after being targeted for bullying and violent attacks by other students.
“Ending discriminatory practices in school discipline is one of the most critical civil rights issues facing K-12 education today,” GLSEN Executive Director Eliza Byard said in the group’s statement.
“GLSEN commends the Departments of Education and Justice for these long-overdue guidelines that will help to erode decades of policies that have robbed countless youth of a chance to get an education and forced many of them out of school and into the criminal justice system,” she said.
She added, “While the omission of the specific challenges facing LGBT youth is disappointing, we are pleased that the guidelines focus on prevention and intervention strategies by supporting developmentally appropriate and proportional responses to school discipline that encourage and reinforce positive school climate…We encourage the Departments to examine the extent and effects of discipline disparities among LGBT youth and to provide leadership and guidance to ensure that school discipline practices do not discriminate on the basis of sexual orientation, gender identity or gender expression.”
An example of what LGBT activists have called biased school treatment of LGBT youth took place in November when a female transgender student at Hercules High School in Contra Costa County, Calif., was arrested and charged with battery for fighting with three other straight female students.
The transgender student said a fight broke out between her and her classmates, which was captured on video, after she defended herself from repeated taunts and harassment from the three girls. Activists noted that all four students were suspended from the school for fighting but the transgender student, Jewlyes Gutierrez, 16, was the only one arrested and charged in the incident.
The school and the Contra Costa County District Attorney’s Office have declined disclose the reason that Gutierrez was prosecuted in the case while the others were not, saying the matter is pending in juvenal court and they are prohibited from discussing cases involving a minor.
GLSEN has said studies show that LGBT youth disproportionately experience bullying and harassment in schools. The group cites a 2010 study published in Pediatrics, the official journal of the American Academy of Pediatrics, showing that LGBT youth experience a significantly higher level of disciplinary action in schools along with youth of color than do heterosexual youth and whites.
In a statement responding to an inquiry by the Blade, Jo Ann Webb, a spokesperson for the DOE, said the main guidance document released jointly by the DOE and DOJ was a legal oriented document addressing school discipline actions that may violate existing federal laws banning discrimination based on race, color, and national origin.
Current federal law doesn’t include non-discrimination protections for LGBT people.
Web said an accompanying “discipline package” released along with the legal guidance includes “a guiding principles document that specifically includes LGBT students as among those who are potentially at risk for dropping out of school, social exclusion, or behavior incidents.”
She said the accompanying document also emphasizes “the need for schools to consider the impact of discipline policy on all students, including specifically LGBT students, and to make sure they are not being disproportionately disciplined.”
A GLSEN spokesperson couldn’t immediately be reached to determine whether GLSEN considers the accompanying document sufficient to address its concerns about school disciplinary practices pertaining to LGBT students.
In a Jan. 8 press release announcing the guidance document, DOE and DOJ said the school discipline guidance initiative was aimed at helping states, school districts, and schools develop “practices and strategies to enhance school climate and ensure those policies and practices comply with federal law.”
President Obama and most heads of federal departments and agencies in the Obama administration have said that although Congress has yet to pass federal legislation to ban discrimination based on sexual orientation and gender identity, federal agencies would do what they could to put in place policies to protect LGBT people from discrimination.
U.S. Supreme Court
Supreme Court to hear Md. religious freedom case on Tuesday
Advocacy groups to rally outside during Mahmoud v. Taylor oral arguments

Activists on Tuesday will hold a rally in front of the U.S. Supreme Court as the justices hear oral arguments in a case that will determine whether schools are violating parents’ religious freedom by not letting them opt their children out of learning about LGBTQ-specific topics.
Mahmoud v. Taylor is a case out of Montgomery County about parents who wish to opt their children out of LGBTQ-themed lessons in public schools for religious reasons.
Montgomery County Public Schools, after initially allowing parents to opt their children out, changed the policy in March 2023.
The plaintiffs — Tamer Mahmoud, Enas Barakat, and other parents — argue “the storybooks were chosen to disrupt ‘cisnormativity’ and ‘either/or thinking’ among students.”
“The board’s own principals objected that the curriculum was ‘not appropriate for the intended age group,’ presented gender ideology as ‘fact,’ ‘sham[ed]’ students with contrary opinions, and was ‘dismissive of religious beliefs,’” according to the petition on the Supreme Court’s website.
The petition goes further, saying the parents are “not challenging the curriculum, but arguing that compelling their elementary-age children to participate in instruction contrary to their parents’ religious convictions violated the Free Exercise Clause. Construing Wisconsin v. Yoder, the 4th Circuit found no free-exercise burden because no one was forced ‘to change their religious beliefs or conduct.’”
The Coalition for Inclusive Schools and Communities, an organization that aims to bring together “advocates, educators, families, and organizations committed to inclusive, affirming, fact and science-based education,” will participate in the “Rally for Inclusive Education” rally outside the Supreme Court alongside Live In Your Truth and the Montgomery County Pride Family.
“Inclusive education isn’t just a value — it’s a necessity,” said Phillip Alexander Downie, co-chair of the Coalition for Inclusive Schools and Communities and CEO of Montgomery County Pride Family. “The right of every child to learn in an environment where they see themselves reflected, affirmed, and respected is under attack. This rally is our moment to protect that right — and ensure future generations inherit classrooms rooted in truth, equity, equality, and justice.”
The Coalition for Inclusive Schools and Communities says the rally is a “nonpartisan community gathering rooted in education, advocacy, and solidarity.”
“The focus of this event is to uplift the importance of inclusive learning environments, celebrate the power of diversity in our schools, and amplify the voices of those most impacted by exclusionary practices and rhetoric,” it said.
The rally will feature speakers from across the country, including students, educators, civil rights leaders, and authors who will give their own testimonies as to why it is important to have inclusivity in primary education. Trans Maryland, the National Women’s Law Center, MoCoPride Center, and Authors Against Book Bans are among the LGBTQ groups sponsoring the event.
National
EXCLUSIVE: Rodrigo Heng-Lehtinen to step down from Advocates for Trans Equality
A4TE formed last year when two transgender rights groups merged

Advocates for Trans Equality Executive Director Rodrigo Heng-Lehtinen on Monday announced he will step down on April 30.
The Transgender Legal Defense and Education Fund and the National Center for Transgender Equality formed Advocates for Trans Equality last year when they merged. Heng-Lehtinen was previously NCTE’s executive director.
“Now that we’ve made it through the merger, and A4TE is established as a new, prominent institution fighting hard for trans equality, it’s time for me to take my next step,” said Heng-Lehtinen in a press release that Advocates for Trans Equality sent exclusively to the Washington Blade. “When Andy (Hong Marra) and I began envisioning the merger, I committed to seeing it through. I’m proud that now our vision has been realized. A4TE has not just launched, but is fully up and running, delivering results for trans people around the country. With A4TE gaining momentum, I’m now ready to move on to my next chapter.”
Heng-Lehtinen, whose mother is former Florida Congresswoman Ileana Ros-Lehtinen, in the press release stressed he “will be focusing on changing hearts and minds.”
“With my background in persuasion and messaging, it’s where I can make the biggest difference, and what I feel called to return to in this era of anti-trans backlash,” said Heng-Lehtinen. “I will still be fighting shoulder-to-shoulder with everyone (in) the trans movement, simply in a different capacity.”
Marra, who is Advocates for Trans Equality’s CEO, praised Heng-Lehtinen and said the organization’s work will continue.
“We thank Rodrigo for his years of dedicated leadership and service,” said Marra. “A4TE will continue to deliver on our promise to advocate for the lives of trans people who need us now more than ever. We remain undaunted by our endeavor to ensure trans people and our families are no less than free and equal and treated with dignity and respect.”
Louisiana Trans Advocates Executive Director Peyton Rose Michelle also praised Heng-Lehtinen.
“Rodrigo has been a steady hand and a bright light in this work,” she said. “He’s someone who shows up with integrity, kindness, and a deep commitment to meeting this political moment with courage. I’ve always felt deeply supported and heard by him, which is something I value deeply.”
“I fully support him as he steps into this new chapter, and I know his clarity of vision and heart-forward leadership will keep shifting this landscape back toward justice for trans people, and therefore, all people,” added Michelle.
U.S. Federal Courts
Federal judge blocks Trump passport executive order
State Department can no longer issue travel documents with ‘X’ gender markers

A federal judge on Friday ruled in favor of a group of transgender and nonbinary people who have filed a lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.
The Associated Press notes U.S. District Judge Julia Kobick in Boston issued a preliminary injunction against the directive. The American Civil Liberties Union, which represents the plaintiffs, in a press release notes Kobick concluded Trump’s executive order “is likely unconstitutional and in violation of the law.”
“The preliminary injunction requires the State Department to allow six transgender and nonbinary people to obtain passports with sex designations consistent with their gender identity while the lawsuit proceeds,” notes the ACLU. “Though today’s court order applies only to six of the plaintiffs in the case, the plaintiffs plan to quickly file a motion asking the court to certify a class of people affected by the State Department policy and to extend the preliminary injunction to that entire class.”
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
The State Department policy took effect on April 11, 2022. Trump signed his executive order shortly after he took office in January.
Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.
“This ruling affirms the inherent dignity of our clients, acknowledging the immediate and profound negative impact that the Trump administration’s passport policy would have on their ability to travel for work, school, and family,” said ACLU of Massachusetts Legal Director Jessie Rossman after Kobick issued her ruling.
“By forcing people to carry documents that directly contradict their identities, the Trump administration is attacking the very foundations of our right to privacy and the freedom to be ourselves,” added Rossman. “We will continue to fight to rescind this unlawful policy for everyone so that no one is placed in this untenable and unsafe position.”
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