Video of Hillary Clinton’s remarks on December 6, 2011, in recognition of International Human Rights Day to the United Nations in Geneva, Switzerland. The historic speech, commemorating International Human Rights Day, made it clear that all countries have a responsibility to end abuse and discrimination against GLBT people worldwide. A Transcript of the remarks is also available.
FOR IMMEDIATE RELEASE
January 25, 2012
Contact: Ashley Levett
334.956.8459 / ashley.levett@splcenter.org
Southern Poverty Law Center Demands Brookwood High End Policy Banning Same-Sex Couples From the School Prom
Letter Demands BHS Respect Students’ Right to Express Acceptance of LGBT People
Brookwood, Ala. – The Southern Poverty Law Center (SPLC) sent a letter today to Brookwood High School (BHS), the Tuscaloosa County School System superintendent and the county’s school board demanding that school officials respect its students’ constitutional rights or face a federal lawsuit.
The SPLC sent the letter on behalf of BHS student Elizabeth Garrett who was forced to remove her sweatshirt that includes an expression of acceptance of gay people. Additionally, the letter seeks to overturn a policy prohibiting same-sex dates at the school prom.
“At Brookwood, like in too many Alabama schools, gay students and those perceived as gay face unfair treatment,” said Sam Wolfe, an SPLC attorney. “Too 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.”
In the letter, the SPLC gives the school district until Feb. 1, 2012 to stop its censorship of speech supportive of lesbian, gay, bisexual and transgender (LGBT) people and its prohibition against same-sex couples at the prom. If the school district does not comply with those demands, the SPLC will file a federal lawsuit seeking an injunction, damages and attorneys’ fees.
On Jan. 5, 2012, Elizabeth, a 10th grader, wore a hoodie-style sweatshirt with the playful slogan, “Warning, This Individual Infected With `The Gay,’ Proceed With Caution.” She wore the sweatshirt to express her support for gay rights and to communicate, in a humorous way, that there is nothing wrong with gay people.
“A gay person is just as normal as anyone else,” she said. Elizabeth 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 BHS school official demanded Elizabeth remove the hoodie, claiming that the sweatshirt was “distracting.” The administrator released Elizabeth to class only after she removed her sweatshirt and placed it in her backpack.
On another occasion this school year, the same administrator informed Elizabeth that same-sex couples are not permitted to attend the school prom together. The prom is set for May. Elizabeth has plans to attend the prom with another female BHS student.
Elizabeth says she is taking this action not only for herself “but for others like me who feel trampled over by the school and don’t always have an opportunity to stand up for themselves.”
“Brave students like Elizabeth who are willing to stand up for who they are – even when faced with school authorities who tell her she can’t – help raise awareness and improve school climate for the entire school community,” Wolfe said.
The SPLC’s letter to BHS explains that statements supportive of LGBT people as well as attending prom with a same-sex date are protected under the First and 14th amendments to the United States Constitution. The letter cites federal precedents such as Gillman v. School Board for Holmes County, in which a federal court ruled that a school board’s ban on clothing expressing support for LGBT people was unconstitutional. In that case, the school had to pay $325,000 for the students’ 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 prom and wear a tuxedo. After the school district received a letter informing it that denying the student’s request was unlawful, it chose to cancel the prom.
A federal court later ruled that a lesbian student bringing a same-sex date to prom and wearing a tuxedo are “the type of speech that falls squarely within the purview of the First Amendment.” In a similar case, Fricke v. Lynch, a school district had to pay over $116,000 in damages and attorneys’ fees for denying a student’s right to bring a same-sex date to a school dance.
The letter further explains that if there are students who will act disruptively in reaction to Elizabeth’s hoodie or her attending the prom with a girl, BHS has a duty to counter the disruptive students, not prohibit Elizabeth’s speech.
The SPLC was alerted to Elizabeth’s situation by the Alabama Safe Schools Coalition (ASSC). The SPLC is a part of the coalition, which provides training and seeks to improve state and district school policies relating to LGBT students in Alabama.
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The Southern Poverty Law Center, based in Montgomery, Alabama, is a nonprofit civil rights organization that combats bigotry and discrimination through litigation, advocacy and education. For more information, visit www.splcenter.org .
