Lampman 1 Zachary Lampman Professor Wolcott Composition II 5 April 2013 The Research Behind LGBTQ Bullying Introduction In this

research, the intended purpose is to provide awareness to bullying that is experienced by the LGBTQ (Lesbian, Gay, Bisexual, Transgender, Questioning) community and to bring awareness to what action is being taken to help these victims. The research collected is a compilation of academic journals and periodicals focused around, but not limited to, the last decade. This research is to help legislators, school administrators, LGBTQ activists, and concerned family members or friends understand what it is like to be bullied as an LGBTQ. Some sources refer to the deaths of young individuals and use violent descriptions within the main research and should be considered before reading. The research also touches on the idea of there being literature in legislation that specifically focuses on the protection of sexual orientation. The works cited is based on American culture and politics, but there are articles from outside of the United States to help create a broader perspective. Bullying amongst students happens everywhere and without bringing knowledge forth about the subject, nothing will be done to fix it. Bullying and Its Side Effects The best definition I found that deals with the specific bullying that this research discusses comes from the Journal of LGBT Youth. In Paceley and Flynns article, Media

Lampman 2 Representation of Bullying Toward Queer Youth: Gender, Race, and Age Discrepancies, they define bullying as sexuality-based bullying defined as physical or verbal harassment, intimidation, threats, or violence occurring within any private or public school system based on a students real or perceived LGBTQ identity (Paceley and Flynn 343). According to a recent study cited by Wallace, nine out of ten gay students are verbally harassed in school based on their sexual orientation (Wallace 737) and according to Wallace and Pollack et al., LGBTQ experience a greater degree of bullying compared to their non-LGBTQ counterparts (741). Bullying tends to mostly always start in the classroom, in fact, Mufioz-Plaza, Quinn, and Rounds describe the classroom as "the most homophobic of all social institutions" (Mufioz-Plaza, Quinn, and Rounds 53). Studies in Europe view LGBTQ more optimistically in their culture, but still there is bullying within schools. Specifically in a study in the Netherlands, there was a more positive attitude for LGBTQs, but when bullying did happen it was within the classroom not within their community (Theo G. M. Sandfort, et al.) In America, there are worse conditions. For example, a child like Carl Walker-Hoover, age eleven, was tormented every day of middle school. His parents reported the problem to the school but the school took no action. One evening, Carl hung himself with an extension cord in order to end the torment. Another boy by the name of Jaheem Herrera had the same problem with the schools not taking action. Later one evening, Jaheem hung himself in his closet with a belt in utter frustration. He was in 5th grade. Lawrence King of Oxnard, California was known in his school because he was openly gay. Valentines Day was coming up and Lawrence asked one of his biggest bullies to be his Valentine. On February 14th, this bully was sitting behind him in class and drew a handgun from his backpack and shot him

Lampman 3 in the back of the head twice. He was announced brain dead and taken off life support. Both the boys were fourteen years old and in the 8th grade. Multiple stories like these happen all across America, some less violent, some even more gruesome (Wallace 740). All these stories listed in this research came from the same article, but were discussed in other articles too. Pollack et al. and Wallace both touch on how in Brown v. Board of Board of Education, the Supreme Court declared education to be perhaps the most important function of state and local government. Wallace said in response to this declaration by the Supreme Court,
In order to fulfill this "important function" and foster a culture of learning, it is imperative that schools provide a safe environment for their students. Studies have demonstrated a link between school safety and academic success," and many parents have identified safety as their top school issue of concern. However, millions of students are victims of bullying each year, depriving them of a safe school environment and leading them to perform poorly, skip classes, or drop out entirely (Wallace 736).

Wallace brings around an important issueto whom does the responsibility belong to make sure these LGBTQ students have a safe environment? Does the responsibility belong in the hands of legislators, school faculty, or maybe the LGBTQ community themselves? Where Intervention Starts and How? Amongst all the discussion on this subject, researchers say the answer is a mix of everyone (Graytalk et al.; Pierce; Wallace). Without accounts from the LGBTQ community, legislators cannot fight for legal protection. And once legal protection is accomplished, it is up to school faculty to take a stance when they see such bullying happening within or outside the classroom. Koenig et al., explains that parents have a role

Lampman 4 in creating a safe environment for LGBTQ as well. It is reported that students who report a high-level of parental support also report a lower level of depression (Koenig et al. 211). In order to understand current protection from bullying based on sexual orientation, understanding current legislation is ideal. Wallace and Pierce both touch on the current laws right now, but Jacob presents the best summary of the 14th amendment and its contemporary application to the protection of LGBTQ. The 14th amendment prohibits school authorities from discriminating against race, color, or national origin; sex; or disability in any program or activity receiving any federal funding. Federal statutory does not explicitly prohibit discrimination based on sexual orientation, gender identity, or gender expression (Jacob 107). Congress passed Title IX of the Educational Amendment of 1972 to address discrimination based on sex, which can be, but not always, interpreted as sexual harassment. The precedent from Title IX decided that schools receiving federal funds are responsible for dealing with studenton-student harassment when it is sufficiently severe, pervasive, or persistent. Wallace points out that Title IX does not impose a duty on the school to successfully intervene and remedy the bullying. Instead, the school "must merely respond to known peer harassment in a manner that is not clearly unreasonable." (qtd. in Wallace 745). In conclusion, schools have to deal with bullying once the bullying has already gone too far. It does not call for schools to intervene with just teasing. As of July 2011, most states have passed anti-bullying laws that will help students in these conditions, even teasing. (Jacobs 110) but teachers are afraid to enforce them because of fear of being called gay themselves. [More in-depth conversation concerning these laws can be found within the citations listed in the works cited, but due to my audience not being those in law studies

Lampman 5 or for those specially looking for legislation, I kept literature from legislation in the most simplistic terms.] A Call to Action The problem that the LGBTQ community still faces is the actual implantation of teachers protecting their students. Because of fear of being labeled as gay, teachers avoid taking action against severe, pervasive, or persistent harassment. In an article, Federal Lawmakers Weigh Bullying-Prevention Proposals, discussion by Sen. Robert Casey, DPA and Sen. Mark Kirk, R-IL has been made in the form of a bill named the Casey-Kirk bill, which says, All states would also have to track bullying cases and report the statistics to the Education Department, which would have to report the state data to Congress (Shah 2). By making this data mandatory, school faculty can use this law as a scapegoat for why they would prevent discrimination based on sexual orientation in their classroom. Pierce came up with a similar notification laws that would require all teachers and school officials to report all bullying incidents to their school district administration (Pierce 303). Pierces proposal is basically along the same lines as the senators but they are proposing the reports go to separate entities. Proposals are not the only form of action that has been taken in order to protect students. A school in Milwaukee called Alliance is known for its gay-friendly atmosphere, but its student population isnt just LGBTQ. There are students who suffered from all sorts of social drama: students who are different. This school is a charter school and is funded by its students who attend. The teachers there believe in providing a save haven for students. Paul Moore, an English and social studies teacher, had this to

Lampman 6 say, What they need is a place to be safe from physical abuse and psychological trauma while they explore who they think they are, and get a chance to grow, in peace, at their own rate (Pardini 15). In an article named A Separate Peace in TIME magazine, there was a proposal for the federal government to fund schools like Alliance, but it was shot down by a religious group that felt it was unfair that some should have to pay for the special schools for others (Webley 5). Even the LGBT community shot it down because they believe it would only instill intolerance everywhere and shelter LGBTQs from the cruel world they will eventually have to enter. The LGBT community believes integration is the only answer (Webley 5). In order to teach tolerance among society, Safe School Summits sponsored annually by a Florida statewide advocacy organization, strives to empower adolescents and their adult supporters to initiate change in their school communities (Craig et al. 241). This is just another way that action is being taken. These summits, this one in particular, help participants learn new information, gain knowledge about safe school legislation, make those feel more empowered, and many other effects (Craig et al). These summits will hopefully fight to dispel any continued homophobia that lingers in the classroom. Conclusion Creating legislation to specially protect LGBTQ would allow efforts to protect LGBTQ to be made in the classroom. Some critics say that making specific legislation for LGBTQ is exclusive and unconstitutional. Considering current research saying, boys who are bullied because they are called gay can be differentiated from boys who are

Lampman 7 bullied for other reasons. Specifically, preliminary findings suggest that boys who are bullied by being called gay endorse more negative perceptions of school climate, experience higher anxiety and depression, and display a more external locus of control than boys who are bullied for other reasons. In addition, boys who are bullied by being called gay experience greater verbal and physical bullying than boys who are bullied for other reasons (Pollack et al. 11) may put a different perspective on this unconstitutional argument. The evidence from Pollack will hopefully curtail those perspectives of other legislators to increase protection of the LGBTQ community in schools. It is proven that this severe bullying can lead to extreme cases like attempted suicide or achieved suicide. There needs to be specific research done that looks at how faculty and legislators have taken extra steps to protect the LGBTQ community within schools and an analysis on how this extra protection has affected the daily lives of this student community. The protection of this community is essential to future of American society.

Lampman 8 Works Cited Brian W. Koenig, et al. "Homophobic Teasing, Psychological Outcomes, And Sexual Orientation Among High School Students: What Influence Do Parents And Schools Have?" School Psychology Review 37.2 (2008): 202-216. Academic Search Premier. Web. 14 Mar. 2013. Craig, Shelley, Edmon Tucker, and Eric Wagner. "Empowering Lesbian, Gay, Bisexual, And Transgender Youth: Lessons Learned From A Safe Schools Summit." Journal Of Gay & Lesbian Social Services 20.3 (2008): 237-252. Academic Search Premier. Web. 25 Feb. 2013. Jacob, Susan. "Creating Safe And Welcoming Schools For LGBT Students: Ethical And Legal Issues." Journal Of School Violence 12.1 (2013): 98-115. Academic Search Premier. Web. 11 Mar. 2013. Mufioz-Plaza, C, Quinn, S. C, & Rounds, K. A. (2002). Lesbian, gay, bisexual and transgender students: Perceived social support in the high school environment. The High School Journal, 85, 52-63. Paceley, Megan S., and Karen Flynn. "Media Representations Of Bullying Toward Queer Youth: Gender, Race, And Age Discrepancies." Journal Of LGBT Youth 9.4 (2012): 340-356. Academic Search Premier. Web. 25 Feb. 2013. Pardini, Priscilla. "Having Allies Makes A Difference." Phi Delta Kappan 94.5 (2013): 14-20. Academic Search Premier. Web. 6 Mar. 2013.

Lampman 9 Pierce, Yariv. "Put The Town On Notice: School District Liability And Lgbt Bullying Notification Laws." University Of Michigan Journal Of Law Reform 46.1 (2012): 303-347. Academic Search Premier. Web. 8 Mar. 2013. Wallace, Jason A. "Bullycide In American Schools: Forging A Comprehensive Legislative Solution." Indiana Law Journal 86.2 (2011): 735-761. Academic Search Premier. Web. 25 Feb. 2013. Shah, Nirvi. "Federal Lawmakers Weigh Bullying-Prevention Proposals." Education Week 31.10 (2011): 14-17. Academic Search Premier. Web. 11 Mar. 2013. Theo G. M. Sandfort, et al. "Victimization And Suicidality Among Dutch Lesbian, Gay, And Bisexual Youths." American Journal Of Public Health 103.1 (2013): 70-72. Academic Search Premier. Web. 9 Mar. 2013. Webley, Kayla. "A Separate Peace?." Time 178.16 (2011): 42-46. Academic Search Premier. Web. 14 Mar. 2013. "We the People: Your Voice in Our Government | We the People: Your Voice in Our Government." We the People: Your Voice in Our Government | We the People: Your Voice in Our Government. N.p., n.d. Web. 05 Apr. 2013. <https://petitions.whitehouse.gov/>. William S. Pollack, et al. "You're So Gay!": Do Different Forms Of Bullying Matter For Adolescent Males?." School Psychology Review 37.2 (2008): 160-173. Academic Search Premier. Web. 1 Mar. 2013.

Lampman 10 Proposal One problem with this research is that it tends to focus on male LGBTQ. This limitation is a concern of Paceley and Flynn. They fear that since women and LGBTQ of Color are not represented as much, legislators will curtail legislation specifically to the white male districts, and therefore, these other groups within the LGBTQ community will be left behind (Paceley and Flynn 347). Another problem with this research is that no one knows if it is beneficial for sure to initate specific legislation to make schools legally responsible for collecting data on bullying and to be legally responsible to send that data to an appropriate committee, whether it is the school board or Congress, in order for that committee to make changes where they see fit in hope to improve the standard of living for these LGBTQs. So I propose a research gap. Does the specific legislation just mentioned for the protecting LGBTQ students have any benefit? We have examples of schools like Alliance that improvements are seen within the LGBTQ community, but can this phenomenon extend to everyday public school life? The only way to actually find out is to have legislation passed and to take longitudinal studies of the LGBTQ student community to see any specific improvements. In order to get legislation passed, there needs to be a proposal. Pierce, Jacob, Wallace, Senators Casey and Kirk, and I am sure others have already proposed such ideas. In order to pass these laws, a majority has to be met in Congress on both sides to pass such legislation, which is difficult. Congress can be overridden if a national consensus takes a vote and the majority of citizens vote in favor of such changed legislation. That has never been done before, so it is the least of possible avenues to pursue, but is not off the table completely. There is another option though. My proposal

Lampman 11 entails research on the psychological aspect of bullying, focused on bullying within the LGBTQ community. This research shall be sent out to all U.S. Senators and House of Representatives. Lobbyist and activists will then push this research. The intentions of this research will be to shine a light on this victimized community and to hopefully instill a sense of compassion into the hearts of Congressmen. The chances of these Congressmen actually reading the research proposed is slim, unless they have a personal incentive to read it. If the Congressman does not have a personal incentive to read about the protection of the LGBTQ community, then a different incentive can be made. If a petition was to be written up pleading to the President to push certain notification laws, like perfectly dictated in Pierces Put the Town on Notice: School District Liability and LGBT Bullying Notification Laws then if the petition collects enough support, the President would publically ask Congress to read such literature and it would put the spotlight on them to act upon it. If Congressmen do not read proposed literature, they will be blamed for not responding to the desires of their constituency and therefore their reelection may be at stake. Keeping their job is now their new incentive to read such proposed literature. There is a website called We the People: Your VOICE in our Government that can be accessed through the web address: petitions.whitehouse.gov. The point of this website is to create petitions and draw attention to them through online signatures. Once the petition reaches a certain number of signatures, the President will write a response and act upon it. An example of such a petition is drafted below.

Lampman 12

Petition for the Enactment of Notification Laws into Federal Funded Schools Dear Mr. President, Notification laws could mitigate the problem of lesbian, gay, bisexual, and transgender (LGBT) student bullying by requiring that teachers and school officials report all bullying incidents to their school district administrators. The purpose of such a bullying notification law is twofold. First, the reporting requirement would compel local governments to increase their awareness and oversight of bullying in their schools. Second, if local governments do not take sufficient remedial action, a record of bullying reports may make it easier for students to demonstrate that the town has a policy or custom of allowing bullying to occur. If such a policy or custom treats student bullying differently based on the victims membership in a particular class of people, then those students may raise a 198311 claim for the violation of their equal protection right Notification laws are an effective mechanism for influencing behavior and can facilitate LGBT students equal treatment and equal rights. Sign in the name of Equality.
*Literature of this petition was directly taken from Pierces Put the Town on Notice: School District Liability and LGBT Bullying Notification Laws.