ACLU-DE Reminds School Administrators LGBTQ+ Students’ Rights Remain Protected, Despite DOJ Rescinding Settlements

Statewide — Today, the ACLU of Delaware sent a letter to Delaware public school administrators reminding them of their obligations to protect the rights of LGBTQ+ students in their care. The letter comes after the U.S. Department of Justice rescinded several civil rights settlements regarding discrimination against LGBTQ+ people in educational settings. Importantly, this decision does not negate the preexisting rights afforded to LGBTQ+ people under Delaware law.

In addition to the rights afforded to all LGBTQ+ Delaware residents, students are also guaranteed certain rights when interacting with the public school system. These rights remain unchanged and include the right to express their sexuality or gender identity, and the right to be protected from homophobia, transphobia, or any other form of discrimination from other students and school personnel.

“It is still a violation of the law to discriminate against or target LGBTQ+ students based on their identities, presentation, or interpersonal relationships,” states Oluwatobi Omotoso, ACLU-DE Education Equity legal fellow. “The Department of Justice’s move to rescind civil rights agreements at schools like Cape Henlopen speaks to the escalation in anti-LGBTQ sentiment that is eroding our rights nationwide. But it does not release Delaware schools from their obligation to foster a welcoming environment for gay, lesbian, transgender, bisexual, and other queer students—regardless of any conflicting personal views of faculty, staff, or parents.”

The ACLU-DE letter to administrators lays out the statutes of protection for students in both the Delaware and U.S. Constitutions.

“We hope that all school districts in Delaware will recognize and respect the rights of their students to feel comfortable being their authentic selves within their learning environments.”

Read the full letter below: