From Deseret News archives:

Gay couple go to prom after ACLU intervenes

Published: Friday, May 6, 2005 10:01 p.m. MDT
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PROVO — A same-sex couple gained passage to Provo High School's prom and promenade last month after the Utah chapter of the ACLU told the school district they could face a lawsuit if they didn't allow the teenagers to attend.

Provo School District officials told the couple they could go to the April 23 event.

That decision, however, came after an American Civil Liberties Union attorney sent a letter to Provo High Principal Sam Ray.

The letter, dated April 15, said that students had called the ACLU and made a formal complaint after they were told by school officials they would not be able to attend the spring dance as a couple.

"In the past there were indications (that) some students were told they could not attend the promenade," said Greg Hudnall, Provo District's director of student services. "There was some confusion about it."

Hudnall said the issue was clarified and resolved. All students are "welcome" to such events, he said.

The ACLU letter, signed by staff attorney Margaret Plane, stated that the students' constitutional rights would be violated if they were not allowed to walk in the promenade.

"Should we receive any complaints this year about students being denied participation, we will take any necessary legal action to protect the students' constitutional rights," the letter stated.

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The letter cited a section of Utah law that addresses the professional conduct of educators.

The section says that students cannot be excluded from any program or benefit based on a variety of factors such as religion, race and sexual orientation.

The ACLU requested the principal send written assurances that the same-sex couple would be treated in a similar manner as co-ed couples. In the letter, the ACLU also asked Ray to remind teachers and other officials of the law.

Ray would not elaborate on the matter when contacted Friday evening.

"The issue has been resolved," he said.

The ACLU letter states that the complaint made by the Provo students piqued the ACLU staff's attention "based on current concerns and past difficulties."

According to the ACLU letter, in 1980, a federal court determined that prohibiting same-sex couples from attending prom was a violation of the students' First Amendment rights to free expression and association.

Ray said the issue will be discussed Tuesday at the Provo School District Board of Education monthly meeting.

Last year, officials at Murray High School were in a similar situation when two girls wanted to promonade promenade together at junior prom at the State Capitol.

One girl's mother sought help from Plane, who met with school officials. They worked out a compromise that allowed the girls to walk together while keeping the school's promonade promenade tradition of lining up boys on one side of the stairs and girls on the other.


E-mail: lhancock@desnews.com

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