The U.S. Department of Justice has joined a landmark federal lawsuit on behalf of a gender non-conforming middle school student who faced a two-year ordeal of harassment and abuse because of his gender expression. The Department's action last week marks the first time in a decade the US government has gone to court to combat discrimination based on gender expression.

In 2007 through 2009, Jacob L. of Mohawk, NY, endured an escalating pattern of verbal and physical abuse and threats throughout his seventh and eighth grade years. By the end of this time, Jacob was so fearful of his abusers that he stopped attending school. Shockingly, school officials had long been aware of the abuse but failed to intervene, not even following their own internal policies. Jacob was essentially denied an education by the school's continual disregard for his safety, and ultimately transferred to another district. With the help of the New York Civil Liberties Union, Jacob filed suit last summer, alleging that the District violated his rights under the Constitution and the federal Title IX statute, which prohibits gender discrimination in education.

On January 14, the Justice Department filed suit against the District on the behalf of the United States, seeking an injunction to force the district to take concrete and ongoing steps to prevent any other student from experiencing an ordeal like Jacob's. The government's suit recognizes and advances the nation's strong interest in prevention discrimination based on gender stereotyping. According to recent surveys by the Gay, Lesbian, and Straight Education Network (GLSEN), nearly 90% of transgender middle and high school students have expressed have experienced harassment because of their gender expression, and two-thirds reported that they felt unsafe at school. These and numerous other surveys have shown that this victimization has harmful impacts on educational outcomes.

Mara Keisling, of the National Center for Transgender Equality, commented, "Every young person in our nation is entitled to a public education in a safe environment. Yet evidence consistently shows that transgender and gender non-conforming students face persistent and widespread abuse in our schools, at a serious cost to their learning and their wellbeing. This case can make a great difference for students in Mohawk Central School District. It also shows the need for legislation to require schools to take the kind of responsible preventive steps the Justice Department is seeking. There's simply no excuse for tormenting a child like Jacob and preventing him from getting an education."