Lesbian teen sues for right to wear tux to prom

[ufojoe]

Would it be all that terrible if no one ever made unfair gender-based rules so that there was no need for a SCOTUS case?[/color]

That would be great. But I don't see that happening, yet.

BTW, the girl could have waited for the school board to make a decision but if they had taken too long and decided against her, she would have had no chance to fight it in time for the prom. So I understand her forcing the issue.

[cyberdude557]

Lebanon - A 17-year-old gay female student at Lebanon High School is challenging the school's prom dress code. The teenager has filed suit after she was told by the principal that she couldn't wear a tuxedo to the April prom.

Home video of last year's Lebanon High School prom shows a big, formal affair. But the prom this year is embroiled in a lawsuit after a 17-year-old student was denied the right to wear a tuxedo. The student was told by the principal that there's a longstanding policy: Men wear tuxedos and women wear formal dresses. The student, whose name isn't revealed in the suit, enlisted the American Civil Liberties Union of Indiana which has asked a federal court to issue and injunction requiring the school to let her wear a tux to the prom.

"She wants to make a statement by her dress. She's not being allowed to make that statement. Plus, the rule itself is obviously gender-based and there's no rationale for it," said Ken Falk, ACLU Indiana.

The lawsuit argues that the school district's policy violates the stipulations in the Constitution that the government treat a female student the same as a male and not limit students' freedom of expression.

The district's attorney says that the school won't deny a students protected right to freedom of expression, but questions if a tuxedo is a form of expression.

"The courts have so far ruled that clothing is not a form of expression. Speech is a form of expression but clothing doesn't necessarily signify a particular message that's entitled to Constitutional protection," said Kent Frandsen, school district attorney.

Unlike her fellow students seen at last year's prom, the 17-year-old said in court filings that she doesn't wear dresses because she sees them as expressing a sexual identity she doesn't embrace. Now it will be up to the court to decide if preventing a gay student from wearing a tux violates her first amendment right to freedom of expression.

With six weeks left until the prom, Frandsen said there is still time to work something out. He said the school will follow the ruling of the court.

http://www.wthr.com/Global/story.asp?S=9991508&nav=menu188_2_1

O lord. Next is gonna be some guy suing because he can't wear a dress to prom.

[oregonbucfan]

This will get less news then a beauty pagent lady who sides with a majority of americans against gay marriage.

These stories are stupid... this girl is probably doing it for attention or has low self esteem. She probably will grow out of this stage.

[ufojoe]

Probably grow out of this stage? LOL. Get a clue.

I think she's going to win the right to wear a tux or a compromise will be reached before the court rules.

[escobar]

Absurd story. There are rules, follow them. This is a selfish individual trying to use her preference in the bedroom to her advantage to get what she wants. If the rules are to wear a dress, you wear a dress...end of story. So it's up to the courts now to decide if the school is preventing her "right" to self expression? Well what if a guy wants to wear a dress? What if a few students decide they'd like to express themselves by wearing skirts with tuxedo tops? You can't just get what you want because you are gay, and IMO that's all this is about. The GIRL sees a dress as a representation of sexual identity, that doesn't mean other people have to see it that way. If it were up to me I'd say fine you don't have to wear a dress because you aren't going, wear a tux at home in your bedroom. This isn't about gay/lesbian behavior, it's about an attention whore who needs to get her way.

[keeponbucn]

this girl is probably doing it for attention or has low self esteem. She probably will grow out of this stage.

Huge assumptions here, if the girl wants to wear a tux let her. I don't understand the dramafest

[cyberdude557]

this girl is probably doing it for attention or has low self esteem. She probably will grow out of this stage.

Huge assumptions here, if the girl wants to wear a tux let her. I don't understand the dramafest

Until some gay guy wants to wear a dress.

[olafberserker]

Isn't there at least one of these stories every year?  Who cares what she wants to wear? 

[keeponbucn]

Until some gay guy wants to wear a dress.

A bit different than a girl wanting to wear a tux. If the school didn't make a big deal of it this would be a non-story.

[cyberdude557]

Until some gay guy wants to wear a dress.

A bit different than a girl wanting to wear a tux. If the school didn't make a big deal of it this would be a non-story.

The law doesn't view things that way. The 14th amendment says all laws must apply to each gender or race equally. Saying it is OK for a girl to crossdress but not a boy is considered a double-standard and would be forbidden by the 14th amendment. You either have to allow both to crossdress, or neither.

Judges have avoided the issue in the past by saying how you dress is not a form of expression, therefore not protected. A business or organization has the right to then enforce a dress code.

[dalbuc]

Just raftloads of stupid. Bad policy by the school and stupid attention-whoring by the teen.

I've seen this fight at my HS. Guys were not allowed to wear shorts - yes back in the day that was true kids- but girls could wear skirts not more than an inch above the knee - odd they feared people seeing male leg but female legs wouldn't distract. A bunch of guys showed up in skirts to "protest". They were kicked off campus and the "clothing is not expression" bit pretty much ended the whole thing.

[MiltonMack21]

[John Galt?]

A drama obsessed teenage girl? How shocking.

The principal handled it wrong. Should have tried to explain that her clothing decision could get her ridiculed and tarnish memories of her prom, but end it by saying "you have the right to make a fool of yourself, just do it formally". The Principal should have known she was just looking to create drama, by letting her wear a Tux there would be no drama and the girl might have changed her mind. or she might have worn a Tux and no one would have cared.

Either way, End of story.

[ufojoe]

I think she's going to win the right to wear a tux or a compromise will be reached before the court rules.

Hey, you were right. This one was easy to call. And it's an old story.

http://www.wibc.com/news/Story.aspx?id=1086068

Girl to Wear Tux to Lebanon Prom Saturday
By Stan Lehr
4/24/2009

Tomorrow night is prom night at Lebanon High School. The girls will wear their gowns. The boys -- and one girl -- will be in their tuxedos.

One 17-year-old senior had to challenge the Lebanon Community Schools over its policy on proper attire for the prom. It was the first time that had happened. And for a while, it appeared this might go to court, but the school district modified it's policy.

Ken Falk, legal director of the ACLU of Indiana, says the girl, a lesbian, was being denied her rights to freedom of speech and equal protection.

And he says it's important to note that there was, at least, no public objection from other students -- her classmates, in fact, have offered their support.