Earlier this year, the ACLU stepped in when a teenage lesbian in Mississippi was told by her school that she couldn’t attend prom with her girlfriend, and the Itawamba County School District eventually agreed to shell out $35,000 to settle the lawsuit brought by Constance McMillen.
Now the ACLU has filed suit against another Mississippi school that refused to include a female student’s name and senior photo in the yearbook because she was wearing a tuxedo. The lawsuit claims Wesson Attendance Center unfairly discriminated against Ceara Sturgis based on her sex and unfair gender stereotypes.
Sturgis attended Wesson from kindergarten through 12th grade. She was an honor student and a member of several sports teams at the school. A press release from the ACLU says nothing about Sturgis’ sexual orientation, but does say that she prefers to wear “clothing that is traditionally associated with boys” both at home and at school.
According to the ACLU press release, Sturgis at first tried to wear the “drape” used in girls’ senior photos to make it look like they are wearing a dress or a blouse, but it made her extremely uncomfortable. So the student got her mother to request that she be allowed to wear a tuxedo for the portrait. And the photographer agreed.
It wasn’t until after the whole picture-taking process was all said and done that the school principal told Sturgis he wouldn’t let the photo be published in the yearbook.
According to Bear Atwood, interim legal director for the ACLU of Mississippi, the school’s actions violate Title IX, which bans discrimination based on gender and gender stereotypes in public education. Plus, he said, they were just plain old “mean-spirited.”