Schools can set general dress standards for prom, like requiring formal attire. Courts sometimes have found that a school’s concern about safety or substantial disruption is valid, and some have upheld sex-specific dress codes.

But for the most part, barring a female student from wearing a tuxedo or a male student from wearing a dress may subject the school to a sex discrimination claim under state education laws, antidiscrimination laws, Title IX or the U.S. Constitution. The same goes for transgender or “gender-queer” students who want to dress in a way that reflects their gender identity or expression. The right to express gender identity through otherwise appropriate clothing also finds support in the First Amendment and state antidiscrimination laws.

In 2011, a high school in Gary, Indiana barred a transgender student, K.K. Logan, from attending prom because she wore a dress. Lambda Legal sued, arguing that the school violated K.K.’s First Amendment rights. The matter was resolved and included an undisclosed amount paid to K.K. as well as revisions to the school district's dress code and nondiscrimination policies, both with specific protections for lesbian, gay, bisexual and transgender students. The school district also agreed to conduct training for the administration and school board members on LGBT issues and respectful treatment of LGBT people.

If you need more information, contact Lambda Legal at 866-542-8336 or visit www.lambdalegal.org/help.