The ACLU of Delaware is committed to advocating for the safety, dignity, and protection of Trans and Gender Diverse Youth because their rights are human rights.
Federal and State laws protect your right to express yourself.
Expression isn’t just about ideas. You also have the right to express your gender the way you want to, and it is not okay for your peers or teachers to treat you differently because of your identity. If you go to a public school or a charter school in Delaware (private schools may have different rules), you have a constitutional right to express your views and identity. We often refer to this as “Freedom of Speech,” but this isn’t just about what you say—it also has to do with how you present yourself to the world, such as what you wear and how you act. (Ex: as long as you’re following your school’s dress code, nobody can tell you that you can’t wear a pride flag t-shirt.)
No matter what sex you were assigned at birth, you have the right to:
• Wear clothes that match your gender identity;
• Be called by the name and pronouns that you specify;
• Use the restroom and locker room that match your gender identity; and,
• Play on the sports team that matches your gender identity
Remember that your “Freedom of Assembly’’ applies at school. Federal law requires public high schools that allow any kind of non-curricular clubs to allow LGBTQ-focused clubs and to treat them no differently from other clubs.
Remember: You have to follow all the rules that your school sets up for clubs if those rules apply equally to all groups.
“It shall be unlawful for any public secondary school which receives federal financial assistance...to deny equal access or a fair opportunity to, or discriminate against, any students who wish to conduct a meeting...on the basis of religious, political, philosophical, or other content of the speech at such meetings.” — 20 U.S. Code § 4071
Public schools can’t stop you from bringing a date of any gender to prom or homecoming who otherwise is allowed to attend. They also can't tell you that you can’t dress a certain way, or run for prom king/queen, because it doesn’t fit traditional gender roles.
Public schools can’t stop you from dating a same-sex or gender-diverse partner, nor can they tell you that you can’t associate in public (i.e., public displays of affection) a certain way if other opposite sex couples are allowed to express their relationship publicly in the same manner.
If you’re being harassed or threatened, go to the principal or another official right away. School officials are obligated to protect you. Keep detailed notes with dates of all harrassment incidents that occur. You have the right to be called by the name and pronouns that match who you are in every aspect of the school day. Your school is responsible for stopping harassment, including if someone intentionally misgenders you. Bullying is never okay—not from your peers, not from your teachers, not from anybody.
Schools should not “out” you (share information about your gender) to anyone without your permission, even if you’re out to some people at school. Nobody should do that. You have the right to be out and proud, when and how you choose, but you also have the right to keep your gender or transition private. Your school can’t out you—even to your parents—without a strong justification.
Did you know that your personally identifying information is federally protected? The Family Educational Rights and Privacy Act of 1974 (FERPA) keeps your school and school staff from being able to share information about you that could be used to identify you. This includes things like your grades and your class schedule, but also things like your gender or sexuality.
Delaware’s Equal Accommodations law prevents discrimination against people because of their race, age, marital status, creed, color, sex, disability, sexual orientation, gender or national origin. Places of “public accommodation” can include state agencies, local government agencies, and state-funded agencies performing public functions, and can include government buildings, courthouses and jails, transportation systems like buses and trains, or recreational areas like libraries, beaches and parks, any places that offer goods and services to the public, like stores and shops, restaurants, hospitals, gas stations, hotels, motels, or sports and entertainment venues.
Any public school or charter school that accepts public funding must follow these rules. The Delaware Department of Education had this to say:
"No person in the State of Delaware shall on the basis of race, color, religion, national origin, sex, sexual orientation, genetic information, marital status, disability, age or Vietnam Era veteran’s status be unlawfully excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving approval or financial assistance from or through the Delaware Department of Education.”
At its core, freedom of speech is not just a civil right; it is a powerful tool in the fight for justice and equality. For trans, non-binary, and gender-diverse youth, this freedom includes the right to express their identities authentically, to speak up for themselves, and to be heard in the face of discrimination and prejudice.
Trans and gender-diverse youth are often targeted by harmful policies and rhetoric that seek to silence their voices, restrict their access to affirming spaces, and deny their right to exist freely and openly. Protecting their freedom of speech means standing against censorship and the erasure of their identities in schools, communities, and public life. It means ensuring that they can advocate for themselves, access resources, and express their experiences without fear of retribution.
By safeguarding their right to speak and live authentically, we are defending the foundational principle that all people are entitled to equal protection under the law, regardless of their gender identity. This is not just about protecting civil liberties; it’s about advancing justice, fostering inclusion, and creating a world where trans and gender-diverse youth can thrive.
How to Take Action
Contact your legislators to voice your support for the safety and protection of trans, non-binary, and gender-diverse youth. You can find your representatives here.
Contact us at aclu-de.org/get-help if you need help making sure your school treats you with respect and keeps you safe.
Spread the word! The more people know about their rights, the more people feel empowered to advocate for themselves and their community.
The fight for freedom of speech and self-expression for these young people is an essential part of the broader struggle for social justice. The ACLU of Delaware is committed to amplifying their voices, challenging discriminatory laws, and advocating for policies that promote their well-being and safety.
Resources:
Additional places to contact would be the Ombuds persons' office complaint form, the Department of Education, and Division of Human & Civil Rights in Delaware.
Know Your Rights: A Guide to the First Amendment for LGBTQ+ Youth in Delaware, is packed with information related to students’ rights around LGBTQ+ expression in schools. Click below to read our full guide!