The Massachusetts Gay and Lesbian Students’ Rights Law

Massachusetts General Laws, Chapter 76, Section 5

-Signed by Massachusetts Governor William F. Weld, December 10, 1993

"Schools should amend existing anti-harassment policies to include prohibiting violence, harassment, and verbal abuse directed against gay and lesbian students and those perceived to be gay or lesbian."

-Former Commissioner Robert Antonucci, Massachusetts Department of Education, in a 1993 letter to Superintendents of public schools throughout Massachusetts.

Making the Law Work in your School

We need to inform all students attending the more than 300 public high schools in Massachusetts that it is illegal to discriminate against gay and lesbian students.

Educating students and faculty about the existence of the law and about the rights it guarantees can help create a more supportive and accepting atmosphere in our public schools for all youth.

Student Handbook and School Policies on Harassment and Discrimination

An essential way to implement and publicize the law is to use it as a powerful tool to ensure that the language in the student handbook in your school reflects the reality of the law. School policies concerning harassment and discrimination exist in all schools. Gay and lesbian students must be included in these policies to be consistent with Massachusetts law.

If your student handbook is inconsistent with the Massachusetts Gay and Lesbian Student Rights Law, set up a meeting with your school principal to discuss changing the language. When the handbook and policies are changed, ask your principal to publicize the changes so that all students and faculty know about the law.

Posters, Flyers, and Copies of the Law

Displaying a poster on a school bulletin board will ensure that hundreds of students will learn about the law.Under the provisions of the law, you have the right to display a poster, as long as you follow the standard procedure for use of school bulletin boards and displays.

You can design your own flyer about the law using the language of the law and other materials.Mass produced flyers can be distributed in faculty mailboxes and handed out in homerooms, school clubs, and at school dances.

Handing out copies of the actual bill that the Governor signed is an excellent way of bringing the law to the attention of students in your school. A copy of the signed bill could also be reproduced in student publications.

Other Suggestions

• Have a Gay and Lesbian Awareness Day/Week to promote understanding of gay and lesbian student rights.

• Invite a speaker to your school to talk about the law at a school assembly or forum. Speakers could be from the Commission on Gay and Lesbian Youth or the Department of Education.

• Write an article about the law for your student newspaper, school yearbook, or your town newspaper.

• Work with students on projects about student rights in general, including rights for gay and lesbian youth.

A History of the Law

by David LaFontaine

Massachusetts made history when the Gay and Lesbian Student Rights Law was signed by Governor William F. Weld on December 10, 1993. Massachusetts became the only state in the country to have full support for gay students through its governor, who created the nation's first Commission on Gay and Lesbian Youth, and through the state legislature, which voted overwhelmingly in favor of the law.

The law prohibits discrimination in public schools on the basis of sexual orientation. Gay students are guaranteed redress when they suffer name-calling, threats of violence, and unfair treatment in school. A student suffering from harassment can go to the principal, school board, and school administration and expect intervention and protection. Gay students have the legal right to full participation in all school courses, clubs, and activities.

The right to form a gay/straight alliance at school is ensured by the law. Schools have the legal obligation to provide the same materials, space, financial support, publicity, and all other support provided to any other student group or club.

There are over ten thousand gay, lesbian, and bisexual students in Massachusetts schools whose lives will be safer and whose educational opportunities will be increased because of the passage of this law.

The extraordinary victory achieved on December 10, 1993 was due to a spectacular lobbying effort by up to one thousand gay and straight students across Massachusetts. Hundreds of students attended rallies on Beacon Hill and met with their state legislators. Students organized letter-writing campaigns in their high schools and displayed posters and information about the legislation.

Courageous gay and lesbian teenagers told their personal stories of harassment and unjust treatment in school at public forums, on television and radio, and in print. The unprecedented student lobbying effort made national headlines: NBC News, the New York Times, National Public Radio, and CBS Radio News gave extraordinary coverage to the students' efforts and their victory. The blaze of national news has inspired students across the nation to follow the lead of Massachusetts students and begin plans to introduce similar anti-discrimination legislation in their states.

Gay and straight students made history in Massachusetts through their courage, their perseverance, and their unwillingness to be silent and closeted in response to anti-gay discrimination and bigotry.The law's passage was the culmination of a labor of love for hundreds; but it was just the beginning, the dawn of a new movement throughout the Commonwealth which will carry the message of the law to hundreds of thousands of Massachusetts students.