Know Your Rights: 2SLGBTQIA+ Youth

2SLGBTQIA+ youth often face discrimination, rejection, or situations where people try to control or deny who you are. No matter what others say, you have rights, and understanding them can help you stay safer and find real support.

This information is also available for download in the Know Your Rights Toolkit for Youth Experiencing Homelessness, pages 22-26.

2SLGBTQIA+ youth are young people whose sexual orientation or gender identity is lesbian, gay, bisexual, transgender, queer, nonbinary, or another identity within the 2SLGBTQIA+ community.

• The right to live in a safe, healthy home and be provided with basic needs (meals, clothing, and medical care).
• The right to be free from physical abuse, sexual abuse, or neglect of your basic needs.
• The right to not be locked in any room, building, or facility premises.
• The right to be free from discrimination on the basis of race, ethnic group identification, ancestry, national origin, color, religion, sex, mental or physical disability, or HIV status.

You should have equal access to shelter, transitional housing, and permanent housing programs, meaning you should not be turned away because of your 2SLGBTQIA+ identity. You should also be housed according to your gender identity and what makes you feel the most safe and comfortable. Even still, some programs are more inclusive than others. Search for ones that have 2SLGBTQIA+ affirming statements and information on their websites.

• The right to be free from discrimination on the basis of race, ethnic group identification, ancestry, national origin, color, religion, sex, mental or physical disability, or HIV status.
• The right to receive medical, mental health, vision and dental services (sometimes without parental consent).
• The right to have your privacy protected by prohibiting the release of your health information or medical records.
• The right to refuse medications or chemical substances not authorized by a doctor.

While you have the legal right to not be discriminated against because of your 2SLGBTQIA+ identity, there is sadly no federal law that protects your right to receive gender-affirming care. This is determined by state law and by individual program policies. Access to gender-affirming care is even more restricted for minors.

Use this tracker or this tracker to see if your state has banned gender-affirming health care for minors. Also, in some states minors need parent or guardian consent to receive health care services. Look here to see what the laws are in your state.

• The right to be free from discrimination on the basis of race, ethnic group identification, ancestry, national origin, color, religion, sex, mental or physical disability, or HIV status.
• The right to enroll in public K-12 school if you’re experiencing homelessness. The school can’t deny you enrollment, even if you don’t have a parent or guardian to help you. Every public K-12 school district has a homeless liaison to help you.
• The right to be provided with transportation, free meals, and other support you might need to stay in school, like supplies or tutoring.
• The right to participate in school activities, extracurriculars, and social activities. You can ask your school to waive any fees that might come with these.

If you are a K-12 student experiencing homelessness, there is a federal law that protects your right to stay in your public school of choice. You also have the right to not be discriminated against because of your identity, including bullying or harassment. However, there are sadly many 2SLGBTQIA+ legal rights issues that are being fought about in courts across the country, particularly around rights for transgender students. You’ll need to check with an adult at school who you trust—like a teacher, coach, or homeless liaison—to see what your school’s policies are.

• The right to be free from discrimination on the basis of race, ethnic group identification, ancestry, national origin, color, religion, sex, mental or physical disability, or HIV status.
• The right to be free from discrimination on the basis of sexual orientation or gender identity.

A 2020 Supreme Court decision stated that people cannot be discriminated against in employment based on their sexual orientation or gender identity. (The decision only applies to organizations with 15 or more employees.) This is a legal right that doesn’t exist in some other areas! The protection states that:

• 2SLGBTQIA+ employees cannot be denied a job, promotion, fair pay, or benefits because of their sexual orientation or gender identity.
• 2SLGBTQIA+ employees cannot be harassed or mistreated because of their sexual orientation or gender identity.

Some states or local governments have additional protections for 2SLGBTQIA+ employees, but all states must follow this federal protection at a minimum. See what laws your state has related to 2SLGBTQIA+ individuals across areas, including employment.

• Housing​​​ Report to the Department of Housing and Urban Development no later than one year of the incident.
• Health Care​​ Report to Department of Health and Human Services within 180 days of the incident.
• School​ Report to the Department of Education’s Office for Civil Rights within 180 days of the incident.
• Employment Report to Equal Employment Opportunity Commission within 180 days of the incident. Some types of cases, like age discrimination, give you 300 days to report.