15 Jul 2022

133

Legal Issues Regarding Gender in Schools

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Academic level: College

Paper type: Essay (Any Type)

Words: 391

Pages: 1

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Gender Identity is referred to as the internal sense within someone which can either be male or female (Meyer, 2015). In some instances, it can be both, and it depends on expression. In any society in the universe, a person’s gender should be that they were given during birth. However, this has changed over time since people want to choose a gender for themselves after a certain point of realization. Transgenders are the type of individuals who opt to choose their genders which vary from their chosen sex at birth. The issues of gender in school have not gained popularity in the court, and due to this, there are no created legislative measures to regulate them (Meyer, 2015). The most recent media presented in court is that of cyberbullying whereby persons with gender identity issues are harassed to the extent that they commit suicide. 

Bowers v. Hardwick (1986) 

The Supreme Court had recently ruled that adults are not allowed to engage in sexual acts in their privacy, a ruling which further cemented the Georgia law placed initially. The judges ruled 5 to 4, and the majority claimed that homosexuals or the members of the LGT community do not have the right to engage in sexual activity in their privacy. The ruling was considered damning and a setback to the LGBT community in terms of their rights. The court acknowledged that the Right to Privacy act does accommodate for an intimal relationship with regards to married people, but that does not cover the LGBT community as there is no relationship at all between marriages or family and homosexual acts. The law was later on overturned. 

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Obergefell v Hodges (2015) 

The ruling made by the Supreme Court in 2015 stated that it was illegal to ban same-sex marriages in any state in the country. The ruling came about after several groups and individuals had sued their states for not allowing them to get married. The ruling was split 5-4 in favor of the LGBT community. In the ruling, the judges stated that the 14 th amendment ensures that all the citizens are allowed the right to marriage licenses and that states must recognize marriages that were legally licensed and performed in other states. 

A local school recently has ensured that the children of same-sex couples are not discriminated against in school, and this seems to have heavily hinged on the recent Obergefell v Hodges in 2015. The ruling was instrumental in ensuring that all schools upheld equality with regard to the LGBT community. 

Reference  

Meyer, E. J. (2015). Gender, bullying, and harassment: Strategies to end sexism and homophobia in schools. Teachers College Press. 

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StudyBounty. (2023, September 16). Legal Issues Regarding Gender in Schools.
https://studybounty.com/legal-issues-regarding-gender-in-schools-essay

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