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GLBT Teachers: The Evolving Legal Protections

Indiana University

Gay, lesbian, bisexual, and transgendered (GLBT) public school educators’ rights have not been clearly delineated by the courts. As such, the outcomes in legal controversies involving adverse employment consequences based on teachers’ sexual orientation have varied somewhat across jurisdictions and have been decided on a case-by-case basis. To examine the evolving law in this arena, this article analyzes all litigation pertaining to GLBT educators and antidiscrimination statutory provisions in all 50 states. By identifying and examining federal and state protections, this research contributes to an understanding of the role that legal requirements play in protecting GLBT public employees. Based on the comprehensive analysis of litigation and legislation, this article offers model statutory language to protect GLBT public employees.

Key Words: equal protection • GLBT issues • legislation

This version was published on September 1, 2008

American Educational Research Journal, Vol. 45, No. 3, 530-554 (2008)
DOI: 10.3102/0002831208314764


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