Lesbian teen sues to force school to hold canceled prom

The Headlines item is averaging about 100 comments an hour so I guess you guys want to talk (er, keep talking) about this. Offers to host a private prom for the kids are pouring in and the teen herself is getting all kinds of support online and from the media, so I assume there’s going to be a happy ending here. It’s interesting to me mainly as a legal matter: Per the ACLU’s complaint, this is not a discrimination claim. It’s a First Amendment claim, alleging that McMillen would essentially be engaged in a form of speech (“communicative content”) about her orientation in wearing a tuxedo and bringing a girl to the prom. That’s weak — she’s not going to prom to make a statement, she’s going because she wants to dance and have fun with her girlfriend — but because the Equal Protection Clause has never been held to apply to sexual orientation, the ACLU really has no choice but to try the speech argument. Not sure it’ll work, but then the point isn’t to win the suit. It’s to turn up the heat on the school district until the bad publicity makes them cave or, at the very least, scares other districts that might do this into thinking twice. Working like a charm so far. Two videos for you below as illustrations.