With executive orders (EOs) from the new presidential administration creating uncertainty around a variety of issues that impact students and educators, teachers have many questions and concerns. CEA is actively tracking key policies
on the local, state, and federal levels, analyzing their impact, and providing members with tools and resources to stay ahead of the issues.
To keep members in the know, CEA is releasing legal bulletins and hosting a webinar, What’re The Facts, every other Monday at 4 p.m. to discuss the most pressing issues facing our classrooms.
Here are answers to a few of educators’ frequently asked questions.
Could I face consequences for using a student’s preferred name and pronouns?
An executive order that purports to address what it calls “radical indoctrination” in K-12 schools directs the U.S. attorney general to “coordinate with state attorneys general and local district attorneys in their efforts to enforce the law and
file appropriate actions against K-12 teachers and school officials who violate the law by…otherwise unlawfully facilitating the social transition of a minor student.”
Teachers should not fear prosecution, because the president cannot dictate how states and school districts enforce their laws. Moreover, state and local laws and policies, not federal law, govern how educators instruct and support students.
How can I help LGBTQ+ students who may be struggling?
More than ever, students will benefit from shows of solidarity and knowing they don’t have to hide who they are or go back in the closet for their own safety. There are many ways teachers can help.
- “I’m Here” badges let everyone at your school know you are a safe person to talk to, no matter where you are in the building. Talk with your local association about a campaign to get all teachers in your district to wear them.
- Gender and sexuality alliances (GSAs) are sometimes the only safe space a student has to be themselves, free of fear and judgment. If you need help starting a GSA in your school, CEA Pride has extensive resources for
starting and maintaining one. - Having helped several local associations pass board of education resolutions and policies that respect and protect all LGBTQ+ individuals in schools, CEA has developed a model resolution that can be modified to fit
your needs. CEA also has model contract language to consult when preparing to bargain your next contract. - Displaying a pride flag or safe space sticker in your classroom is a small act of visibility and solidarity that can matter to students, even if it’s done passively.
Could marriage equality or family status for LGBTQ+ couples with children be threatened?
The U.S. Supreme Court overturned Roe v. Wade, and it is possible it could also reverse Obergefell v. Hodges, the case that required every state to recognize samesex marriage. In such a scenario, recognition of same-sex marriage would return to the states. The Respect For Marriage Act requires that each state recognize samesex marriages performed in other states.
If a couple was married in a state with laws banning same-sex marriage still on the books, overturning Obergefell could potentially invalidate the marriage. If the couple was married in Connecticut or another state in the Northeast, the marriage would still be recognized even if Obergefell were to be overturned. The current definition of marriage in Connecticut is a union between two persons.
While it is unlikely that family status for LGBTQ+ couples with children would change for children who were adopted in Connecticut, there is potential for disruptions regarding legal adoption statuses. Many states have specific marriage
requirements for adoptions or specific provisions regarding a second parent status. If an adoption occurred in another state, now is the time to make certain both individuals have parental rights, most commonly through a confirmatory adoption.
The same situation applies with regard to estate planning. Simply being married will most often not confer property rights should one spouse predecease the other. It is imperative that you have thorough estate planning done with legally
binding wills and trusts to ensure property rights to both spouses.
