Transgender student allowed to wear dress to prom

A transgender student at the Mississippi School of the Arts in Brookhaven was allowed to wear a dress to the school prom last week.

The school reversed its decision to prevent the student from wearing a dress after receiving a letter from the American Civil Liberties Union of Mississippi, according to a press release from the ACLU.

"We are satisfied that the school has complied with the law and has resolved this issue. Every student has the right to be themselves in school by expressing their gender identity," said Charles Irvin, Legal Director of the state's chapter of the ACLU.

Requests for comment from the school's executive director Suzanne Hirsch were referred to the Mississippi Department of Education.

When asked about the school's policy, MDE spokesperson Patrice Guilfoyle said the department had no comment "because it involves a student's personal information."

"The student can wear what he chooses to wear to the prom," Guilfoyle said.

The civil rights organization penned a letter to the school on April 3, stating if the school had such a policy prohibiting boys from wearing dresses to the prom, "such a rule violates students' federal constitutional and statutory rights and must be rescinded immediately."

LGBT rights advocate Jeff White said the student contacted him earlier this month and he reached out to the ACLU after the student, who identifies as a female, told him a school administrator said that although girls could wear tuxedos to prom, boys could not wear dresses.

When contacted by The Clarion-Ledger, the student declined to comment.

"I'm very happy to see that a school in Mississippi has actually done the right thing," White said of the outcome. "Everyone should be able to be themselves and ... if this is who she is and it's what makes her happy, prom should be a happy time and you shouldn't be forced to go to prom not looking your best."

The ACLU attorney wrote that the letter, citing several federal rulings and the First Amendment, is the organization's attempt to avoid litigation.

"The freedom to select what to wear to one's prom (and whom to bring as a date) is protected by the First Amendment's guarantee of free expression and association," it read.

In 2010, 18-year-old Itawamba County Agricultural High School student Constance McMillen petitioned the school district to allow her to attend her prom with her girlfriend. She also asked for permission to wear a tuxedo.

After the district denied her request, the American Civil Liberties Union stepped in asking it to reverse its decision. The district canceled the prom shortly thereafter, resulting in a federal lawsuit in which a judge ruled McMillen's rights were violated.

Contact Kate Royals at (601) 360-4619 or kroyals@gannett.com. Follow @KRRoyals on Twitter.