The Changing Legal Landscape for LGBTQIA Students in Higher Education: Title IX, Religious Freedom of Expression, and the Special Relationship Doctrine

Abstract

Abstract:LGBTQIA students are an important stakeholder group on college and university campuses, especially as both their visibility and expectations for support and empowerment on campus increase. But how ready is the field of higher education for litigation related to LGBTQIA issues, and how should student affairs practitioners prepare to address LGBTQIA students' possible negative campus experiences proactively? By reviewing details of cases that have set an important precedent and signal what might be coming with respect to LGBTQIA students' rights and experiences in higher education, this article seeks to provide detail and analysis of important legal areas that student affairs practitioners should be attuned to as they continue to educate thousands of LGBTQIA students each year. I explore how Title IX may be increasingly a route of redress for LGBTQIA students who have experienced discrimination; how rulings on religious freedom of expression may erode some of LGBTQIA students' rights on college and universities campuses; and the special relationship doctrine and how it may be applied to LGBTQIA students in mental health crisis.