(Lebanon, Indiana) A Lebanon High School student who sued the school after she was told she could not wear a tuxedo to the school’s prom will be allowed to wear the tux after all.

The lawsuit was filed last week in federal court by the American Civil Liberties Union of Indiana on behalf of the 17-year-old girl, who was not named.

Court papers identified her only as a senior at the school and described her as a lesbian who chooses not to wear dresses because she believes they represent a sexual identity.

The lawsuit alleged the girl was told by her principal that while the school’s dress code does not contain gender-based requirements, there is a special dress code for the prom. That code requires female students to wear a formal dress, the suit charges.

The ACLU, in the court filing, said that the dress code discriminates against students based on gender. It further stated that because the school receives federal funds, the policy violated federal anti-discrimination law and that it also violated her constitutional right to free speech.

When the suit was filed, the school said it was willing to meet with the student.

In a statement released Monday by the school district, Superintendent Robert L. Taylor said the dispute had been resolved.

“School policy for this year’s prom will be that all attendees shall wear appropriate formal attire with no gender-based attire requirements imposed,” the statement from Taylor said. “Female students will be permitted to wear tuxedos if they choose.”

The ACLU said that the student is pleased with the outcome.

The settlement came while another lawsuit in Indiana, brought last year by a gay male who was barred from going to his prom wearing a dress, is pending in court.

In December 2007, Lambda Legal filed a lawsuit on behalf of K.K. Logan challenging a Gary School Corporation policy barring clothing that advertises sexual orientation or indicates that a student’s gender is different from the student’s sex.

Logan argues that the policy violates students’ First Amendment freedom of expression.  Logan also claims that his exclusion from prom constitutes discrimination on the basis of gender.  West Side High School filed a motion to dismiss the case in February 2008 leading to this week’s ruling. 

Students and teachers knew that K.K. Logan was gay for years.  During his senior year, Logan attended West Side High expressing a deeply rooted femininity in his appearance and demeanor. At school, Logan wore makeup, accessories and clothing typically associated with girls his age.

However, on May 19, 2006, Principal Diane Rouse stretched her arms across the door of the senior prom, blocking Logan’s entrance because Logan was wearing a dress. Classmates and friends rallied to Logan’s defense to no avail—even though a female student was allowed to attend dressed in a tuxedo.

Principal Rouse enforced a Gary School Corporation policy that forbids any clothing or accessories that “advertise sexual orientation” or “portray the wearer as a person of the opposite gender.”