In Nabozny v. Podlesny, 92 F.3d 446 (7th Cir. 1996), a case of first impression, the Seventh Circuit Court of Appeals recognized the constitutional right of a gay male public school student to equal protection from anti-gay harassment and assaults. The court held that Jamie Nabozny had stated equal protection claims against his school district and three school principals for gender and sexual orientation discrimination based on allegations that, because he is gay and a boy, defendants had failed to afford him the same kinds of protection given to other harassed students. At trial on remand a jury found the three school principals liable for intentional discrimination.
Patricia M. Logue & David S. Buckel,
Fighting Anti-Gay Abuse in Schools: The Opening Appellate Brief of Plaintiff Jamie Nabozny in Nabozny V. Podlesny,
Mich. J. Gender & L.
Available at: http://repository.law.umich.edu/mjgl/vol4/iss2/6