Robert Latham, Esq. | [email protected]
Maritza Fernandez, Miami Law Class of 2022 | [email protected]

Lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ+) youth are experiencing legal attacks on their wellbeing of proportions not seen in America since the 1960s. In the past two years, state laws across the nation have significantly restricted their right to control when and to whom they come out, authorized school administrators to require medical examination of their bodies, silenced their teachers from discussing LGBTQ+ experiences and history in class, and barred access to necessary and appropriate healthcare. At the same time, concerned adults who want to support LGBTQ+ youth are publicly accused of child molestation or child endangerment, teachers and librarians who offer books on LGBTQ+ stories are fired and harassed, and parents who seek medical care for their transgender children are investigated for child abuse. For LGBTQ+ children and youth, it is an isolating, dangerous, and scary time to exist.

On top of these stressors, LGBTQ+ youth also experience the same difficulties as other youth, often at higher rates. Many suffer from poverty, physical and sexual abuse, and struggles with psychological and social functioning. They have parents and families that need help and support due to mental health disorders, lack of opportunities, and community violence. They wind up in foster care at rates far beyond their numbers, comprising up to 20% of the system in some areas. LGBTQ+ youth also experience targeting by police, discrimination in workplaces, exclusion from community support programs. LGBTQ+ youth of color experience these negative outcomes at even higher rates.

Despite the attacks and negative experiences, LGBTQ+ youth continue with their lives. They attend school, make friends, and plan for their futures like every young person does. They find love and support from their families and people who care about them. Many hold a strong sense of justice and the need to make the world better for themselves and others. They are artists, athletes, valedictorians, and leaders in their schools and communities who can benefit from adult support and guidance to reach their dreams.

Adult advocates and professionals working with LGBTQ+ youth must acknowledge that their experiences may be significantly different than both the adult’s own life and even the experiences of other non-LGBTQ+ youth. Advocacy for LGBTQ+ youth therefore requires a high level of empathy, active, open-minded listening, and centering of their voices and perspectives.

There are many trainings and guides online, as well as local support groups for friends and families of LGBTQ+ youth. This short article is meant only to suggest questions for advocates and professionals to ask about their practice and when to seek further guidance.

Learn the basics

The terminology of sexual orientation and gender identity is often described as complex and confusing by people who don’t need to explain their gender and orientation on a frequent basis. Even well-meaning advocates can experience basic language as a barrier to working with LGBTQ+ youth. An advocate or professional serving individuals outside of their own social group must take steps to learn about those individuals’ cultures and experiences. LGBTQ+ youth experiencing trauma especially should not be asked to pause their treatment or use their time to provide publicly available information.

At the most basic, advocates and professionals should become familiar with the concepts of gender identity, gender expression, and sexual orientation. Gender identity encompasses terms like “transgender,” “cisgender,” and “non-binary.” Gender expression can be described as “masculine,” “feminine,” “gender nonconforming,” and many other ways. Sexual orientation can be described by words like “gay,” “lesbian,” “bisexual,” “pansexual,” “asexual,” and many others. When learning about these terms, seek guidance from people and organizations that work closely with or that are composed of LGBTQ+ youth. Also look for information that is recent and local, as the terminology tends to shift over time and vary geographically.

The field of gender studies and terminology of youth around sexual orientation and gender are both rapidly evolving. Language can also be very personal to individuals who use terms they feel best describes their experience and may be more complex than even other LGBTQ+ individuals. Advocates and professionals should readily and humbly acknowledge when they do not recognize a term or concept raised by an LGBTQ+ youth and should use the chance to further discuss the young person’s experiences and needs. Words do matter as signals of acceptance and understanding. It is better to admit confusion or unfamiliarity with a term and work to learn more, rather than carelessly or casually use words that are inaccurate or signal inadvertent disrespect.

Believe and Listen to Youth

Many adult advocates and professionals working with LGBTQ+ youth struggle to understand and believe the experiences the youth share about systems and communities. Those adults may have even had positive experiences with the professionals or organizations that a youth describes as homophobic, transphobic, insensitive, or dangerous. Keep in mind that discrimination can be interpersonal based on the beliefs of the individual in power. While some negative interactions may be grounded in ignorance or misunderstanding, there is still a too-large number of people who intentionally discriminate against LGBTQ youth even while treating non-LGBTQ+ youth with compassion and respect.

Discrimination can also be structural through rules and procedures that assume that youth are not LGBTQ+. This can include gender-based segregation in programs and housing, gendered requirements for extracurricular and therapeutic activities, and isolation based on harmful stereotypes that LGBTQ youth pose a risk to other youth based solely their identity. These types of rules disproportionately label LGBTQ+ youth as difficult or bad, leading to conflicts with adults and peers and significant harm to the youth.

Look to professional standards

The key legal standard for youth is “the best interests of the child.” This standard has long been loosely defined to meet the broad needs of children based on their specific situations. That flexibility is no less important for LGBTQ+ youth. They also need safety, stability, connections to family, appropriate medical and therapeutic care, and a chance to thrive.

The “best interests” standard, however, does not help with identifying the unique needs of LGBTQ+ youth. Professional organizations in social work, psychology, and the medical field have all published recommended practices that can inform advocacy and care for youth. These standards call for ensuring the physical and emotional safety of LGBTQ+ youth, providing them with affirming care, and advocating to change the laws and systems that cause them harm. Efforts to force LGBTQ +youth back into the closet are stronger than they have been in generations. It will take strong stands from them and their advocates to secure their wellbeing.

Meeting the “best interests” of LGBTQ+ children and youth requires listening to their stories, treating them with respect and empathy, and learning to navigate the law and systems with their LGBTQ+ specific goals and needs in mind. There are many resources available from LGBTQ+ professionals, organizations, and activism groups, and the first step is choosing to learn more.