THE CHANGING LEGAL LANDSCAPE FOR LGBTQIA STUDENTS IN HIGHER EDUCATION - Title IX, religious freedom of expression, and the special relationship doctrine - Judy F . Jarvis

Oct 15, 2026

LGBTQIA students are an increasingly visible and consequential stakeholder group in higher education, while campus support expectations continue to rise. The article examines how ready the sector is for litigation tied to LGBTQIA experiences and outlines how student affairs practitioners can respond proactively. Case-law review highlights key legal developments, including Title IX as a growing route of redress, limits shaped by religious freedom of expression rulings, and the potential role of the special relationship doctrine in mental health crises.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages11

Reading Time28 min

AccessFree to download

Overview of Case Law Relating to LGBTQIA College Students

The Changing Legal Landscape for LGBTQIA Students

Title IX as Recourse for LGBTQIA College Students

THE CHANGING LEGAL LANDSCAPE FOR LGBTQIA STUDENTS IN HIGHER EDUCATION: TITLE IX, RELIGIOUS FREEDOM OF EXPRESSION, AND THE SPECIAL RELATIONSHIP DOCTRINE Judy F . Jarvis Rutgers University Abstract LGBTQIA students are an important stakeholder group on college and university campuses, especially as both their visibility and expectations for support and empowerment on campus increase. But how ready is the field of higher education for litigation related to LGBTQIA issues, and how should student affairs practitioners prepare to address LGBTQIA students’ possible negative campus experiences proactively? By reviewing details of cases that have set an important precedent and signal what might be coming with respect to LGBTQIA students’ rights and experiences in higher education, this article seeks to provide detail and analysis of important legal areas that student affairs practitioners should be attuned to as they continue to educate thousands of LGBTQIA students each year. I explore how Title IX may be increasingly a route of redress for LGBTQIA students who have experienced discrimination; how rulings on religious freedom of expression may erode some of LGBTQIA students’rights on college and universities campuses; and the special relationship doctrine and how it maybe applied to LGBTQIA students in mental health crisis. Keywords: LGBTQIA students, LGBTQIA students’ rights, LGBTQIA legal issues in higher education, legal analysis, Title IX, religious freedom of expression, special relationship doctrine Please direct inquires about this manuscript to: Judy F. Jarvis, [judy.jarvis@rutgers.edu](judy.jarvis@rutgers.edu) College Student Affairs Journal, Volume 41(1), pp. 153-163 ISSN 2381-2338 Copyright 2023 Southern Association for College Student Affairs All rights of reproduction in any form reserved. 154 College Student Affairs Journal Vol. 41, No. 1, 2023 experienced discrimination; discuss how rulingson religious freedom of expression may erode some of LGBTQIA students’ rights on college and universities campuses; and explicate the special relationship doctrine and how it maybe applied to LGBTQIA students in mental health crisis. Overview of Case Law Relating to LGBTQIA College Students Throughout the 1970s, 1980s, and 1990s, there were a number of significant legal cases involving LGBTQIA students in higher education. In particular, they centered on the rights of lesbian, gay, and bisexual students to create and receive funding for LGB campus student organizations at public institutions. Key cases impacting LGBTQIA students in the 2010s and 2020s focused on what rights religious students and professors have at public universities to exclude or not LGBTQIA people and topics from student organizations and class discourse. The reason for the high representation of public universities in LGBTQIA-related litigation is that public universities are bound by constitutional law to ensure students’ right to freedom of expression on campus. In contrast, private institutions are not under the federal government’spurview in the same way and have more latitude to determine their own policies for protections they provide related to speech and expression on campus. The cases Iselected to explicate in the following sections are ones that focus specifically on higher education law and LGBTQIA students’ rights. The cases do not represent every single higher education-and LGBTQIA students-related case but are those that have set important precedent and/or signal which might be to come. Two cases I focus on are not directly centered on LGBTQIA students in higher education: the Bostock v. Clayton Coun- 1The terminology to describe minoritized sexual orientations and gender identities varies across communities and college and university campuses (e.g., LGBT, LGBTQ+, GLBT, queer and transgender, etc.) . In this paper, I use the term LGBTQIA (lesbian, gay, bisexual, transgender, queer, intersexual, asexual) as an umbrella

FAQs

Why does the article focus on LGBTQIA-related litigation in higher education?

It addresses whether higher education is prepared for legal challenges tied to LGBTQIA experiences and provides guidance for student affairs practitioners to respond proactively.

How does the article connect Title IX to LGBTQIA students’ rights?

It argues that Title IX may increasingly serve as a route of redress for LGBTQIA students who face discrimination related to sexual orientation and/or gender identity.

What concerns does the article raise about religious freedom of expression rulings?

It states that rulings on religious freedom of expression may erode some LGBTQIA students’ rights on college and university campuses.

Oct 15, 2026

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