H.R. 4530: "Student Non-Discrimination Act of 2010"
Scope of bill H.R. 4530.
Support for the bill.
In this website, "LGBT" is an an acronym that refers
to Lesbian, Gay, Bisexual, and transgender persons.
Scope of bill H.R. 4350:
The text of the bill states:
No student shall be "excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance" becuase of:
their actual sexual orientation or gender identity, or
their perceived sexual orientation or gender identity, or
the actual or perceived sexual orientation or gender identity of a person which whom the student has associated.
No student is to suffer retaliation under government assisted programs or activities because of their opposition to various forms of harassment.
Government agencies would be required to try to obtain voluntary compliance with this law before terminating financial assistance.
The bill would come into effect 60 days after becoming law. It would not be applicable to conduct prior to the date when the bill became effective. 1
Support for the bill:
A number of educational and other agencies have expressed support for H.R. 4530, including:
American Civil Liberties Union,
American Counseling Association,
National Association of School Psychologists,
National Association of Secondary School Principals,
National Women's Law Center, and
School Social Work Association of America.
A number of gay-positive agencies also support the bill:
Gay-Straight Alliance Network,
GLAD (Gay & Lesbian Advocates & Defenders),
GLSEN (Gay, Lesbian and Straight Education Network),
Human Rights Campaign,
National Center for Lesbian Rights,
National Center for Transgender Equality,
National Gay and Lesbian Task Force Action Fund, and
Transgender Law Center. 2
Metro Weekly comments:
"The American Civil Liberties Union, [ACLU] along with several LGBT and educational organizations, already are in support of the legislation, according to information provided by Polis’s office."
ACLU Senior Legislative Counsel Christopher Anders said in a statement, "Our public schools should not be places of exclusion, but places where students feel safe and free from discrimination. The Student Non-Discrimination Act will go a long way toward protecting LGBT students and will help promote a better learning environment." 3
Again, the ACLU misses the point. The bill not only protects LGBT students, but "HC" [heterosexuals and cisgendered] students as well. Although the latter do not suffer bullying and other forms of discrimination directly becasue of their orientation and identity, all students would benefit from a safer and less violent learning environment.
The Human Rights Campaign (HRC), a gay-positive group working for equal rights, applauded the bill's introduction. Its president Joe Solmonese said:
"Our public schools are mandated to support all students in their pursuit of academic achievement and social stability. LGBT students have historically been alienated, harassed, and bullied in their schools, with little or no intervention from school personnel. And far too many have underperformed or 'dropped out' in response to the lack of safety and support. No student should have to be fearful when walking through the doors of their school, and this legislation would require immediate and appropriate action to stop the discrimination that our youth have endured for far too long." 2
Washington Watch conducted a poll of its site visitors. As of 2010-FEB-15, results are running about 2 to 1 in favor:
You can vote in this poll by clicking on the "For" or "Against" icons. 4
The following information sources were used to prepare and update the above essay. The hyperlinks are not necessarily
still active today.