Miss. student sues over rejected yearbook tux photo
August 18, 2010 by SusanaMontes
Filed under 1st Amendment News, News & Opinion
A Mississippi teenager is suing a rural school district, this time over a policy barring young women from wearing tuxedos in senior yearbook portraits.
August 18, 2010
By The Associated Press
By The Associated Press
08.18.10 JACKSON, Miss. —Ceara Sturgis’ dispute with the Copiah County School District started in 2009, well before a student in another Mississippi school district, Constance McMillen, found national attention in her fight to wear a tuxedo and take a same-sex date to prom.
Yesterday, the American Civil Liberties Union filed a federal lawsuit for Sturgis, claiming the Copiah County district discriminated against her on the basis of sex and gender stereotypes. Her photo and name were kept out of the yearbook.
The ACLU first contacted the district in October 2009 about the issue, but officials said they would adhere to a school policy. By the time Wesson Attendance Center yearbooks were released this spring, school officials had made clear Sturgis’ photo in a tuxedo wouldn’t be included. But Sturgis was surprised to see even her name was left out of the senior section.
“I guess in the back of my mind I knew that was going to happen, but I did have a little hope. I cried. I put my head down and put my hand over my face,” Sturgis said yesterday.
The suit challenges the district’s policy allowing male students, but not female students, to wear a tux for senior portraits. The suit alleges a violation of Title IX, the federal law prohibiting discrimination based on gender.
Sturgis, a lesbian who has worn masculine clothing since ninth grade and was to begin classes today at Mississippi State University, said she felt as if she was being punished “just for being who I am.”
District Superintendent Rickey Clopton didn’t return a call seeking comment in time for this story.
Sturgis graduated with a 3.9 grade point average and participated in numerous extracurricular activities, including band and soccer, her attorneys said.
“Inclusion in the senior yearbook is a rite of passage for students, and it is shameful that Ceara was denied that chance,” Christine P. Sun, senior counsel with the ACLU Lesbian, Gay, Bisexual and Transgender Project said in a statement yesterday.
“It’s unfair and unlawful to force students to conform to outdated notions about what boys and girls should look like without any regard to who they actually are as people.”
The ACLU attorney also represented McMillen, who drew inspiration from Sturgis in challenging Itawamba County school officials about McMillen’s plans for prom this year.
“I inspired her to do what she did and now we are friends,” Sturgis said.
But Sturgis didn’t face the same hostility as McMillen. Sturgis said her classmates and teachers were supportive, but she said hoped that bringing the suit would help other gay teenagers who feel they must conceal their gender identity.
“There are students who are hiding it their sexuality,” Sturgis said. “They have come up to me and told me they are. I had already decided what I was going to do, but it just took a little while.”
While she finished her senior year, Sturgis was living last fall with her grandparents in Wesson, a town of about 1,700 founded during the Civil War and 45 miles south of Jackson.
The students took their yearbook portraits at a studio and Sturgis tried on one of the “drapes” that females students are required to wear.
“The thought of a portrait of her in the ‘feminine’ clothing as a representation of her senior year embarrassed her, and she began crying,” the lawsuit states.
Sturgis later put on the tuxedo and was photographed.
School officials informed Sturgis’ mother, Veronica Rodriguez, early in the school year that the tuxedo photograph wouldn’t be allowed, according to the suit. At the time, Clopton said federal court decisions supported the school’s policy.
The lawsuit names the school district, superintendent Clopton and school Principal Ronald Greer. It seeks unspecified damages and attorneys’ fees.
The filing comes weeks after McMillen reached a settlement in her federal lawsuit against the Itawamba County School District.
The north Mississippi district had canceled its prom rather than allow McMillen to attend with her girlfriend. The district agreed to pay $35,000 and follow a nondiscrimination policy as part of the settlement, though it argued such a policy was already in place.
