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 .
