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澳彩开奖 Demands that Alabama High School End Policy Banning Same-Sex Couples from Prom

The 澳彩开奖 today threatened to file a federal civil rights lawsuit against Brookwood High School in Alabama if the school does not stop censoring student speech in support of LGBT rights and does not rescind a policy barring same-sex couples from attending the prom together.

The 澳彩开奖 sent a letter on behalf of Elizabeth Garrett, a 10th-grade student who was recently forced to remove a sweatshirt that expressed acceptance of the LGBT community and who was told she could not attend the prom with a female date.

鈥淎t Brookwood, like in too many Alabama schools, gay students and those perceived as gay face unfair treatment,鈥 said 澳彩开奖 attorney Sam Wolfe. 鈥淭oo often, gay students also face serious harassment at school. No student should be singled out for unfair treatment or be denied their basic rights at school.鈥

Elizabeth Garrett
School officials forced Alabama high school student Elizabeth Garrett to remove her sweatshirt that includes an expression of acceptance of gay people.

On Jan. 5, Elizabeth wore a sweatshirt with the words 鈥淲arning, This Individual Infected With 鈥楾he Gay,鈥 Proceed With Caution.鈥 She wore it to express her support for LGBT rights and to communicate, in a humorous way, that there is nothing wrong with gay people.

鈥淎 gay person is just as normal as anyone else,鈥 said Elizabeth, who is often on the honor roll, attends mostly advanced placement courses, and is a member of the school French club.

Although it was a cold morning and she had no other outer layer, a school official demanded that Elizabeth remove her sweatshirt, claiming that it was 鈥渄istracting.鈥 The administrator released Elizabeth to her class only after she placed it in her backpack.

On another occasion during this school year, the same administrator informed Elizabeth that same-sex couples are not permitted to attend the school prom together. Elizabeth has plans to attend the prom, in May, with another female student.

Elizabeth says she is taking this action not only for herself 鈥渂ut for others like me who feel trampled over by the school and don鈥檛 always have an opportunity to stand up for themselves.鈥

Wolfe praised Elizabeth鈥檚 courage. 鈥淏rave students like Elizabeth who are willing to stand up for who they are 鈥 even when faced with school authorities who tell her she can鈥檛 鈥 help raise awareness and improve school climate for the entire school community,鈥 he said.

Statements supportive of LGBT people, as well as attending the prom with a same-sex date, are protected under the First and 14th amendments to the U.S. Constitution. The 澳彩开奖 letter cites federal precedents, such as Gillman v. School Board for Holmes County, in which a federal court ruled that a school board鈥檚 ban on clothing expressing support for LGBT people was unconstitutional. In that case, the school had to pay $325,000 to cover the students鈥 legal fees.

The letter also cites McMillen v. Itawamba County School District, a case in which a female high school student asked to bring a same-sex date to the prom and wear a tuxedo. The school district canceled its prom after being informed that its action was unlawful. A federal court later ruled that a lesbian student bringing a same-sex date to the prom and wearing a tuxedo are 鈥渢he type of speech that falls squarely within the purview of the First Amendment.鈥

In a similar case, Fricke v. Lynch, a school district had to pay more than $116,000 in damages and attorneys鈥 fees for denying a student鈥檚 right to bring a same-sex date to a school dance.

The 澳彩开奖 letter further explains that if there are students who will act disruptively in reaction to Elizabeth鈥檚 sweatshirt or her attending the prom with a girl, the school has a duty to counter the disruptive students, not prohibit Elizabeth鈥檚 speech.

The 澳彩开奖 was alerted to Elizabeth鈥檚 situation by the Alabama Safe Schools Coalition (ASSC). The 澳彩开奖 is a part of the coalition, which provides training and seeks to improve state and district school policies relating to LGBT students in Alabama.