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At issue in Nabozny v. Podlesny (1996) was whether a student who was gay could proceed with a claim that school officials in Wisconsin violated his rights to equal protection and due process in light of their failure to protect him from harassment and harm by peers on account of his sexual orientation. The Seventh Circuit ruled that the student presented an actionable claim for violations of his right to equal protection but not due process.

Facts of the Case

Jamie Nabozny sued his school board in federal trial court under Title IX of the Education Amendments of 1972. Nabozny was a gay student who was subjected to such severe harassment and physical abuse that he left school before he graduated. Prior to Nabozny, queer (lesbian, gay, ...

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