Student Non-Discrimination Act Introduced in Congress

The ACLU this week praised the introduction of the Student Non-Discrimination Act in Congress, legislation that is designed to make schools that receive federal funding a safer place to be for all students and particularly LGBTs.

The Student Non Discrimination Act is a federal anti-bullying bill that includes language specifically protecting students on the basis of their perceived or actual sexual orientation or gender identity/expression, adding to existing legislation that already protects students on the basis of disability or sex among other categories.

The bill is wider reaching than just focusing on LGBTs however, and is designed to to add to and make uniform the widely varying state anti-bullying laws that can leave certain children vulnerable. It will ensure that all forms of bullying are recorded and dealt with, with the threat of cuts to federal funds if schools refuse to act on bullying behavior.

The legislation was simultaneously introduced in the senate by Sen. Al Franken (D-MN) and in the House by Rep. Jared Polis (D-CO).

From the ACLU:

The American Civil Liberties Union strongly supports these bills and urges swift action by both chambers.

“The Student Non-Discrimination Act would have a profound impact in improving the lives of LGBT students in our schools,” said Ian Thompson, ACLU Legislative Representative. “As a country, we must do a better job of protecting LGBT students and ensuring their right to an education free of intolerance and harassment. So many LGBT students face daily discrimination and, too often, violence in our schools. It’s time to make a positive difference in their lives. The House and Senate should make passage of this bill a priority.”

The recent tragic deaths of young gay students from across the country underscore the fact that LGBT students are an especially vulnerable population in our nation’s schools. Discrimination and harassment, even physical abuse, are often a part of these students’ daily lives. Seth Walsh was one of those students. A 13-year-old middle school student, he was bullied and harassed at school for his sexual orientation. Seth’s mother and close friends report that teachers and school administrators were aware that Seth was being harassed and, in some instances, participated in the harassment. His mother’s pleas to the school for help were often brushed aside. In September 2010, Seth hanged himself from a tree in his backyard. A note Seth left upon his death expresses love for his family and close friends, and anger at the school for bringing them “this sorrow.”

“Seth was a wonderful, loving child, and I loved him for who he was. I can’t bring my son back. But schools can make a difference today by taking bullying seriously when students and parents tell them about it. It’s time for change. We have to create better schools for everyone,” said Wendy Walsh.

In December 2010, the ACLU wrote a letter to Seth’s school demanding that they take steps to remedy the hostile environment for students who are or are perceived to be LGBT. His mother, Wendy, attended the White House Conference on Bullying Prevention earlier today and spoke in support of the SNDA at its introduction.

While federal laws currently protect students on the basis of their race, color, sex, religion, disability or national origin, no federal statute explicitly protects students on the basis of actual or perceived sexual orientation or gender identity. The SNDA, like Title IX, the Civil Rights Act of 1964, and the various disability civil rights statutes, is not simply legislation that would remedy discrimination after it occurs, but instead would also have the important impact of preventing discrimination from occurring.

While bullying is a wide reaching problem for all students,  GLSEN highlights that LGBTs are especially vulnerable and in need of protecting due to ingrained prejudices and institutionalized homophobia in schools:

Nearly two-thirds of middle and high school students (65%) said they had been bullied in school in the past year, according to From Teasing to Torment: School Climate in America, a 2005 report from GLSEN and Harris Interactive that surveyed more than 3,000 students. Students at schools with a comprehensive anti-bullying policy similar to the one required by the Safe Schools Improvement Act were less likely than other students to report a serious harassment problem at their school (33% vs. 44%).

LGBT students experience bullying and harassment at an even more alarming rate. Nearly 9 out of 10 LGBT students (84.6%) said they’ve been harassed in the past year because of their sexual orientation and 63.7% because of their gender expression.

The introduction of the Student Non-Discrimination Act in Congress coincided with President Barack Obama and First Lady Michelle Obama’s opening up the White House for a conference on bullying and bullying prevention, a topic that they told invited students, teachers and parents they were passionate about.

This event also highlighted a new resource called

The website provides information on how to deal with bullying for teens, young adults, parents, educators and also provides a page on community actions too.  There are also dedicated pages dealing with cyberbullying and anti-LGBT bullying.

Read more about the White House anti-bullying conference here.

Photo used under the Creative Commons Attribution License, with thanks to John Steven Fernandez.


Sumit jamadar
Sumit jamadar6 years ago


Michael Cunningham

"Doesn't it seem odd that we're pushing our college kids to be fair, yet the grown ups and parents still discriminate against gay marriage?"

Congress has no business getting involved in this issue!
And further there is nothing stopping a homosexual couple from living as "man & wife"!

Lika S.
Lika P6 years ago

I'm glad for this, really. But seriously? Doesn't it seem odd that we're pushing our college kids to be fair, yet the grown ups and parents still discriminate against gay marriage? Maybe we should start with ending that ban, and let everyone have the liberty to be in a happy situation. THEN we can go forth with this.

Charles Wallis
Charles Wallis6 years ago


Oladokun Babatunde

Education they say is the best policy and also that it is the the greatest asset a man can give to their kids, scholarship is a very good means of assisting the kids of the nations economy. I pray that God in his infinite mercy will continue to uphold and guide and provide for those that raise and ensure that the scholarship scheme came into existence.

Natasha G.
Natasha G.6 years ago

This issue does not directly affect me, but it affect family members and I feel as though it does start in the community because the government do not even regulate educational laws that they sign. Whichever state people live in have an Education Agency who enforces the laws/acts passed by Congress. This should have been added a long time ago and it is also up to the gay and lesbian community to take a stand for their rights and not look the other way even when problems or issues do not affect you directly. If friends or family are the targets, you are like an indirect target. Change is still far...

Brenda Towers
Brenda Towers6 years ago

This prejudice is a disgrace!

Ann S.
Ann Sasko6 years ago


Regina P.
Regina P6 years ago

I hope this passes, their is too much of this going on.

Stephen Young
Stephen Young6 years ago

I hope it passes too. It's needed