The ACLU on Proms

[Charlize]

Thought our younger members might find this of interest.

Hugs

Charlize

Dance the night away, but keep your rights intact

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You have rights as a student

High school senior Isaak Wolfe, right, pictured with his girlfriend, Taylor, was removed from his school's prom king ballot because he identifies as transgender.

The ACLU has helped Isaak advocate for his freedom from discrimination at school.

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Dear ACLU Supporter,

As the school year winds down, prom and graduation are on the minds of students and their families. Before the celebrations begin, let's take some time to review a few civil liberties lessons.

Facts about dress codes and gender-based standards:

• Whether it is a normal school day, the prom or graduation, no one can make you wear a dress or prevent you from wearing one. If members of one gender can wear something, members of another can, too.
• You can bring a date of any gender, period. Transgender students can run for prom king or queen, and gay couples can run for best couple – and accept the award if they win!

Facts about religion at graduation:

• The Supreme Court has ruled that prayer at a public school graduation ceremony, including non-sectarian and non-proselytizing ones, violates the Constitution. Even in explaining the recent decision allowing prayer at public meetings, Justice Anthony Kennedy made it clear that prayer at a graduation ceremony is still not allowed.
• Public schools cannot require students to take part in religious worship to participate in graduation, and a speaker's dais cannot be used as a pulpit to proselytize.
• In the event that a graduation is held in a religious building, religious signs must be covered.

You've worked for your achievements, and you deserve to celebrate them. If you or someone you know faces a civil liberties violation, let the ACLU-NJ know right away. And if you want to learn more about students' rights, check out our prom and graduation fact sheet.

Udi Ofer

[Carolyn Marie]

First of all, that's very interesting. I'm not sure how accurate the advice is, however. I've not heard of a Supreme Court case specifically addressing gender issues at high school proms. There may have been some state court rulings, however, and the information above may be specific to one state.

The brochure has simplified the SCOTUS ruling on religious activity at graduations, and it is much more complicated than that. Here is a more complete discussion of the ruling in question:

http://www.lc.org/resources/memogradprayer.pdf

Carolyn Marie

[VickySGV]

I too am suspicious of the accuracy of this information. It is a bit more of a "teaser" communication that solid information. It may be fine to contact them IF you live in New Jersey, but even there they waffle on what they can or will do for clients. Let the buyer beware. The publication the CM linked to does make more sense from a legal analysis point of view, and its arguments are more the way I remember the Supreme Court ruling, which I did read at the time it was handed down. It was a narrow decision based on the facts of school official involvement and direction.