No diploma for bolo wearer

Jim | Maryland | Tuesday, June 14th, 2005

Cultural Tie Gets in the Way Of Graduation

Thomas Benya, a graduating senior at Maurice J. McDonough High School, was denied his diploma for violating graduation ceremony dress codes. The traditional Cherokee bola tie he wore under his gown was deemed “too skinny”. He will not receive his diploma until he attends a conference with school administrators.

The high school is sticking to its policy. The dress code is mandatory for seniors who choose to participate in the graduation ceremony. And Benya was told during a dress rehearsal Tuesday that his black bolo with a silver and onyx clasp the size of a silver dollar was “not acceptable.”

In March, Benya’s high school sent a letter to parents and seniors explaining that “adherence to the dress code is mandatory,” with the word mandatory in bold and underlined. For girls: white dresses or skirts with white blouses. For boys: dark dress pants with white dress shirts and ties.

That left Benya’s classmates free to wear bright orange, red and striped ties under their gowns at the ceremony Wednesday at the Show Place Arena in Upper Marlboro. One senior girl wore a headscarf and long pants for religious reasons.

“The First Amendment protects religion, and we do everything possible to honor that,” O’Malley-Simpson said. “There is nothing that requires us to follow everyone’s different cultures.”


Actually there is something that requires them to show leniency for more than religion. The First Amendment is about much more than the freedom of religious expression. The standard of Tinker v. Des Moines is that non-disruptive expression should be allowed. Is a thin tie disruptive? More than bright orange, red and striped ones?

“There’s nothing wrong with wanting graduation to be a formal occasion,” [David Rocah, a staff lawyer with the American Civil Liberties Union of Maryland] said, “but the idea that everyone should look the same — they’re not all the same.”

Rocah called the school’s interpretation a “narrow and cramped view of personal autonomy.”

Benya’s parents want an apology from the school but as we know those don’t readily happen without a judge’s order.

(Tip credit to Huebner)

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