The Right to Sexual Orientation Privacy: Strengthening Protection for Minors Who Are 'Outed' in Schools

Abstract

This Article examines a unique question in constitutional law and privacy rights – namely, what rights minor students have to control who can and cannot be informed of their sexual orientation. Through an examination of case law and social science data, the Article proposes that students should hold greater power over information regarding their sexual orientation, and hold responsible school officials who “out” students to a family member, parent, or guardian without the student’s consent.

Keywords: Law, Sexual Orientation, Gay & Lesbian, Constitutional Law, Privacy, Education