Know Your Prom Night Rights

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A quick guide for lesbian, gay, bisexual, and

Know0B Your Prom transgender high school students Night Rights! Why? For most high school students, prom night is a special time for making memories and sheer fun. But for those teens who identify as lesbian, gay, bisexual, or transgender, prom night can be a source of anxiety. While their classmates are busy lining up the perfect outfit and date, LGBT students often have to worry about whether they will be harassed at the dance or excluded from it altogether. However, there are laws protecting your right to be yourself at the prom, and it’s important that you know about them so that you too can be safe and have fun on the big night!

Same-Sex Dates the court said that Aaron’s school had contact your local ACLU affiliate or to not only allow Aaron and his date to the ACLU LGBT Project. Many LGBT students want to attend attend the prom together, but also prom with a date of the same sex. provide them with adequate protection. Prom Royalty However, some meet with opposition from school officials who cite policies If your school won’t allow you to Prom kings and queens have often banning same-sex dates, or who claim attend prom with the date of your been symbolic of traditional gender they’re concerned for the same-sex choice, tell them about Aaron’s case, roles, but things are changing. A couple’s safety. Courts have ruled, Fricke v. Lynch. If they still don’t transgender woman may want to run however, that preventing a student honor your rights, contact your local for prom queen, while a young from attending prom with his or her ACLU affiliate or the ACLU’s LGBT transgender man may want to run for desired date, regardless of gender, Project. king. At present, there have been no infringes upon the student’s reported court decisions on this issue, Constitutional rights. Attire but the First Amendment and the Equal Protection Clause should protect your In 1980, Rhode Island student Aaron Another common problem LGBT right to freely express your gender Fricke decided he wanted to go to his students run into at the prom is the identity as a prom king or queen prom with a boy as his date. His question of attire. Sometimes a lesbian candidate. request was denied by his principal, may want to attend in a tuxedo, or a who said he was worried that Aaron transgender girl may want to wear a In 2007, two Fresno, California and his date might be harmed by other dress, but often school officials say no. transgender students ran for prom students. Whether those concerns were royalty in accordance with their gender sincere or not, a federal judge still The most recent case of this nature was identity. Cinthia (a.k.a. Tony) ruled in Aaron’s favor. 2009’s McMillen v. Itawamba County Covarrubias ran for prom king, and School District. Itawamba Agricultural was the first transgender person ever to The court found that Aaron’s desire to High School in Fulton, Mississippi, run for prom royalty. While he didn’t attend prom with a male date was cancelled its prom after senior win the crown, he paved the way for protected by the free speech guarantees Constance McMillen requested to future gender non-conforming of the 1st Amendment, because Aaron attend wearing a tux, with her students. Just a month later, wanted to express his view that as a girlfriend as her date. The court ruled transgender Fresno High student gay student he had the same right as that the school had violated Crystal Vera ran for prom queen and his heterosexual peers to enjoy the Constance’s First Amendment freedom won. prom with a same-sex date. The court of expression rights. also found that Aaron was protected If your school tries to prevent you from under the Equal Protection Clause of If your school won’t allow you to running for prom royalty, or to restrict the 14th Amendment, which requires attend prom dressed in gender- your candidacy because of your birth schools to treat everyone equally. So nonconforming clothes, you should (continued)

The American Civil Liberties Union Foundation • Lesbian Gay Bisexual Transgender Project • 125 Broad St., 18th Floor NY, NY 10004 • 212-549-2673 • aclu.org/safeschools

• • • A C L U • • • • • • L G B T • • • • • • S C H O O L S • • • sex, you should contact your local If you ever suspect that your school is Don’t just believe what your school ACLU affiliate or the ACLU LGBT treating you unfairly because of your tells you! A lot of the time, school Project. sexual orientation or gender identity: officials either don’t know what the law requires them to do or just figure What Else? Be respectful and follow the rules. you won’t question what they say. Don't give your school any excuses for Find out what your rights under the Your school can’t charge you more treating you badly by behaving badly law are! money than your heterosexual peers or losing your temper. for your prom tickets because of your Contact your local ACLU affiliate or or your date’s sexual orientation, Document everything. Keep thorough the ACLU LGBT Project! The gender identity, or gender expression. notes about what happened, with dates, ACLU can help you get in touch with Your school can’t ask you to get names, witnesses, and any other details the information and resources you need parental permission to attend prom that might come in handy. If the school to make sure that you can be safe and with a date of the same sex if it doesn’t gives you anything in writing or if you have fun on prom night. ask the same of opposite sex couples. submit anything in writing yourself, keep copies. Further, your school can’t prevent you and your date from showing the same Get support! There are groups all level of public affection as the over the country for LGBT youth, and heterosexual couples around you. if you live somewhere that doesn't These freedoms, and many more, are have one, you can probably find an protected under your First and online discussion forum where you can Fourteenth Amendment rights to free be yourself and get reassurance that expression and equal protection. you're not alone.

Got more questions? Do you have a specific question about something that has happened at your school? Want to know whether it was illegal? Want someone to talk with about what you can do about it? Contact us at aclu.org/safeschools! It’s confidential – we won’t ever contact your school, your parents, your friends, or anyone else without your okay, and any communication between you and the ACLU is private.

The American Civil Liberties Union Foundation • Lesbian Gay Bisexual Transgender Project • 125 Broad St., 18th Floor NY, NY 10004 • 212-549-2673 • aclu.org/safeschools