Legal rights are, clearly, rights which exist under the guidelines of legal systems or by virtue of decisions of suitably authoritative bodies inside them. So never get up on the table in the lunchroom and scream I’m gay!” at the top rated of your lungs, but do not be afraid to talk to your friends in the lunchroom about it. As lengthy as your college does not have a uniformed dress code and enables other students to put on clothing reflecting their political or cultural beliefs, then school officials can not inform you not to wear a T-shirt advertising gay pride.
Your constitutional suitable to free of charge expression contains your suitable to express your gender identity – the gender you feel yourself to be. If you are transgender and open about your gender identity, your teachers and school administrators cannot discriminate against you and they should treat you with respect, including by working with your preferred name and gender pronoun (he” or she”).
Difficult Cases” Harvard Law Assessment, 88: 1057-1110 reprinted in his Taking Rights Seriously, supra, 81. There has to be a sense in which legal systems can confer rights on such entities as they please. Having said that, schools might limit the child’s speech if they feel it could harm other students. In most contemporary legal systems particular basic rights are conferred by the constitution. In most legal systems my proper to cross the street, for instance, is of this nature.
Often they will merely favour a single legal outcome rather than an additional, with no dictating it. That is the description of rights as becoming ‘subjective’ (droits subjectifs subjektive Rechte). Constitutions will also vary on the extent to which human rights recognised below international law or treaty are recognised in national law.
If your college gives you a issue, use the ACLU’s letter to principals and superintendants (out there here ) to clarify your rights and your school’s responsibilities under the law, or create your own. The Supreme Court case Tinker v. DeMoines made this clear when it ruled students never shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” If you are becoming censored or punished in school for LGBT-associated speech or expression, make contact with us.