Fricke v. Lynch
Encyclopedia
Fricke v. Lynch, 491 F.Supp. 381 (1980), was a decision in the United States District Court for the District of Rhode Island
that upheld the right of a gay
student to bring a same-sex date to a high school
dance. The Court ruled that existing free speech doctrine
protected gay and lesbian students' rights to attend their proms with same-sex dates of their choice. The case was "one of the first successful victories in the courtroom for an LGBT
issue involving young people, and is routinely cited each year in numerous cases surrounding the rights of students to bring same-sex dates to school functions."
high school junior named Paul Guilbert sought his principal's permission to bring a male date, Ed Miskevich, a senior at Brown University, to his junior prom at Cumberland High School
in Rhode Island
. The principal, Richard Lynch, "denied the request, fearing that student reaction could lead to a disruption at the dance and possibly to physical harm to Guilbert." The student did not attend the prom.
The next year, Guilbert's friend Aaron Fricke
, who was also a gay student at Cumberland High School, again asked Lynch for permission to bring a same-sex date to a school dance. In a written letter to Fricke, Lynch denied the request because of the "real and present threat of physical harm to [Fricke], [his] male escort and to others."
Lynch also wrote that "the adverse effect among [Fricke's] classmates, other students, the School and the Town of Cumberland, which is certain to follow approval of such a request for overt homosexual interaction (male or female) at a class function" was sufficient ground for rejecting the request.
Fricke immediately filed suit in the United States District Court for the District of Rhode Island
, seeking a preliminary injunction
that would allow him to attend the dance.
claim, the Court decided that "even a legitimate interest in school discipline does not outweigh a student's right to peacefully express his views in an appropriate time, place, and manner." The Court ruled that threats of physical violence against Fricke and his date gave homophobic
students an unconstitutional "heckler's veto" that would allow "them to decide through prohibited and violent methods what speech will be heard." , N6
The judge ruled that the precedent of United States v. O'Brien
, 391 U.S. 367, 88 S. Ct. 1673, 20 L. Ed. 2d 672 (1968), was the appropriate framework for judging the constitutionality of the Principal Lynch's decision. O'Brien required that the government (ie: the public school) pursue the "least restrictive alternative" before making any decision to limit free speech. The judge ruled that Lynch's decision failed "to meet [this] criterion set out in O'Brien" because the school could have taken "appropriate security measures to control the risk of harm"; indeed, at the time of the trial, the principal had not even made "any effort to determine the need for and logistics of additional security." The judge ruled that "the First Amendment
requires that such steps" be taken to investigate and implement security measures.
The Court found the free speech claim to be dispositive, and therefore ruled that it was "unnecessary" to deal at length with Fricke's free association and equal-protection arguments. But in a footnote, the judge left the door open to equal-protection
arguments by noting that "the school [had] afforded disparate treatment to a certain class of students" by setting up different policies for those who wished to bring same-sex partners to the dance. Such a policy, the Court said, could be "profitably analyzed under the Equal Protection Clause
of the Fourteenth Amendment
."
Following Fricke, American public high schools have increasingly allowed gay and lesbian students to attend school functions with their same-sex partners.
In 2004, Murray High School
in Utah
prohibited same-sex students from participating in the promenade of their prom. Using Fricke as a precedent
, the ACLU threatened to sue the high school on behalf of its gay and lesbian students. The high school reversed its policy immediately, and allowed 17-year old lesbian Heather Johnston to dance with her girlfriend at the prom.
Local newspapers covered the story heavily, often retelling the story of Aaron Fricke. Said one Utah
paper: "Self-respect: Don't go to the prom without it."
In 2010, Itawamba Agricultural High School in Mississippi
canceled its prom after pupil Constance McMillen asked to attend with her girlfriend and wear a tuxedo. She reported hostility from other students over the cancellation, and sued the school.
United States District Court for the District of Rhode Island
The United States District Court for the District of Rhode Island is the Federal district court whose jurisdiction is the state of Rhode Island. The District Court was created in 1790 when Rhode Island ratified the Constitution...
that upheld the right of a gay
Gay
Gay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....
student to bring a same-sex date to a high school
High school
High school is a term used in parts of the English speaking world to describe institutions which provide all or part of secondary education. The term is often incorporated into the name of such institutions....
dance. The Court ruled that existing free speech doctrine
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
protected gay and lesbian students' rights to attend their proms with same-sex dates of their choice. The case was "one of the first successful victories in the courtroom for an LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
issue involving young people, and is routinely cited each year in numerous cases surrounding the rights of students to bring same-sex dates to school functions."
Background
In 1979, a gayGay
Gay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....
high school junior named Paul Guilbert sought his principal's permission to bring a male date, Ed Miskevich, a senior at Brown University, to his junior prom at Cumberland High School
Cumberland High School (Rhode Island)
Cumberland High School is a public school located in Cumberland, Rhode Island. In its current location since 1962, the school currently serves about 1,600 students.-History:The current building was built in 1961 and renovated in 1973...
in Rhode Island
Rhode Island
The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
. The principal, Richard Lynch, "denied the request, fearing that student reaction could lead to a disruption at the dance and possibly to physical harm to Guilbert." The student did not attend the prom.
The next year, Guilbert's friend Aaron Fricke
Aaron Fricke
Aaron Fricke is a gay rights activist. He was born January 25, 1962 in Providence, Rhode Island. He is best known for the pivotal case in which he successfully sued his high school for not allowing him to bring his boyfriend, Paul Guilbert, to the senior prom at Cumberland High School in...
, who was also a gay student at Cumberland High School, again asked Lynch for permission to bring a same-sex date to a school dance. In a written letter to Fricke, Lynch denied the request because of the "real and present threat of physical harm to [Fricke], [his] male escort and to others."
Lynch also wrote that "the adverse effect among [Fricke's] classmates, other students, the School and the Town of Cumberland, which is certain to follow approval of such a request for overt homosexual interaction (male or female) at a class function" was sufficient ground for rejecting the request.
Fricke immediately filed suit in the United States District Court for the District of Rhode Island
United States District Court for the District of Rhode Island
The United States District Court for the District of Rhode Island is the Federal district court whose jurisdiction is the state of Rhode Island. The District Court was created in 1790 when Rhode Island ratified the Constitution...
, seeking a preliminary injunction
Preliminary injunction
A preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided...
that would allow him to attend the dance.
Decision
In a 20-page decision based largely on Fricke's freedom of speechFreedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
claim, the Court decided that "even a legitimate interest in school discipline does not outweigh a student's right to peacefully express his views in an appropriate time, place, and manner." The Court ruled that threats of physical violence against Fricke and his date gave homophobic
Homophobia
Homophobia is a term used to refer to a range of negative attitudes and feelings towards lesbian, gay and in some cases bisexual, transgender people and behavior, although these are usually covered under other terms such as biphobia and transphobia. Definitions refer to irrational fear, with the...
students an unconstitutional "heckler's veto" that would allow "them to decide through prohibited and violent methods what speech will be heard." , N6
The judge ruled that the precedent of United States v. O'Brien
United States v. O'Brien
United States v. O'Brien, 391 U.S. 367 , was a decision by the Supreme Court of the United States, which ruled that a criminal prohibition against burning a draft card did not violate the First Amendment's guarantee of free speech...
, 391 U.S. 367, 88 S. Ct. 1673, 20 L. Ed. 2d 672 (1968), was the appropriate framework for judging the constitutionality of the Principal Lynch's decision. O'Brien required that the government (ie: the public school) pursue the "least restrictive alternative" before making any decision to limit free speech. The judge ruled that Lynch's decision failed "to meet [this] criterion set out in O'Brien" because the school could have taken "appropriate security measures to control the risk of harm"; indeed, at the time of the trial, the principal had not even made "any effort to determine the need for and logistics of additional security." The judge ruled that "the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
requires that such steps" be taken to investigate and implement security measures.
The Court found the free speech claim to be dispositive, and therefore ruled that it was "unnecessary" to deal at length with Fricke's free association and equal-protection arguments. But in a footnote, the judge left the door open to equal-protection
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
arguments by noting that "the school [had] afforded disparate treatment to a certain class of students" by setting up different policies for those who wished to bring same-sex partners to the dance. Such a policy, the Court said, could be "profitably analyzed under the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
."
Aftermath
On May 31, 1980, The Washington Post reported, "Amid heavy security, homosexual student Aaron Fricke showed up at the senior prom with a male companion. Both wore tuxedoes."Following Fricke, American public high schools have increasingly allowed gay and lesbian students to attend school functions with their same-sex partners.
In 2004, Murray High School
Murray High School (Utah)
Murray High School is the only high school in the Murray City School District in Murray, Utah. Murray High School is one of the smallest high schools in the Salt Lake City metropolitan area with 1,585 students enrolled in the 2008-2009 school year, the school enrolls students in grades 10-12...
in Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
prohibited same-sex students from participating in the promenade of their prom. Using Fricke as a precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
, the ACLU threatened to sue the high school on behalf of its gay and lesbian students. The high school reversed its policy immediately, and allowed 17-year old lesbian Heather Johnston to dance with her girlfriend at the prom.
Local newspapers covered the story heavily, often retelling the story of Aaron Fricke. Said one Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
paper: "Self-respect: Don't go to the prom without it."
In 2010, Itawamba Agricultural High School in Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
canceled its prom after pupil Constance McMillen asked to attend with her girlfriend and wear a tuxedo. She reported hostility from other students over the cancellation, and sued the school.