To Lynch a Child: Bullying and Gender Nonconformity in Our Nation's Schools

Date

2011

Journal Title

Journal ISSN

Volume Title

Publisher

Indiana Law Journal

Abstract

Far from simply being “child’s play,” bullying is a serious problem in our nation’s schools. Almost all children are bullied at some point or another; however, for some of those children, this victimization becomes chronic. When we take a closer look at the children who fall within this group of habitual victims, we often see some commonalities, chief among them being gender nonconformity. Indeed, children whose gender expression fails to conform to society’s rigid definition of “male” and “female” are often subjected to very frequent, very severe forms of bullying. To say that these children pay a heavy price would be an understatement. It is the position of this Article that they have been lynched. Death, physical injury, behavioral problems, severe psychological problems—those who are bullied on the basis of gender nonconformity are faced with all these potential harms, simply because they “violate” a social gender code. Accordingly, this behavior is not a school issue, but as James Sears correctly points out, “[b]ullying, on the basis of perceived sexual orientation or gender non-conformity, is a human rights issue.” In many ways, in fact, this form of bullying resembles the human rights abuses that African American children endured during the civil rights era—both at the hands of lynch mobs and under the ruse of “separate but equal.” The children of this era taught us an important lesson: children cannot and should not pay the price for societal prejudices. When it comes to remembering and implementing this lesson, however, students who fail to conform to gender stereotypes have sadly fallen through the cracks, with the result that children like Lawrence King Jr., Carl Joseph Walker-Hoover, Jaheem Herrera, Montana Lance, and who knows how many others are becoming modern-day examples of what once happened to children like Emmett Till. This simply has to stop. Admittedly, any solution is going to be difficult to craft given the degree to which it requires a change in public consciousness. Nonetheless, as the civil rights movement demonstrated, our legal system can do much to help effectuate such change. The same is true here as, with legislation and litigation, the law can greatly assist in the problem of gender-based bullying. It is our public schools, however, which are in the best position to most effectively combat this problem. Indeed, when it comes to gender stereotypes, education here is key. After all, as Martin Luther King, Jr. once famously said, “Nothing in all the world is more dangerous than sincere ignorance and conscientious stupidity.” (Author Text)

Description

Keywords

child abuse, bullying, risk factors, gender identification, education

Citation

Higdon, M. J. (2011). To lynch a child: bullying and gender nonconformity in our nation's schools. Indiana Law Journal, 86, 827.

DOI