"I'm sorry that we have to be here," 17-year-old Marc Hall told a packed news conference at the Ontario legislature.

"I don't want to be suing my school. I just want to go to the prom with my boyfriend."

Hall's lawyer has asked for an injunction to compel the Durham Catholic District School Board to allow the teen to go to the prom with his 21-year-old boyfriend.

The board has banned the pair from attending, saying it is "supportive" of Hall's right to be a homosexual, but doesn't "support a homosexual lifestyle."

"This is, on its face, a breach of Marc's fundamental charter rights by a body that is bound by the charter," said Hall's lawyer, David Corbett.

The board has violated the province's Education Act, which includes a code of conduct saying students must be treated fairly, decently and equitably without regard to their sexual orientation, Corbett said.

In addition, he said, schools have a fiduciary duty to look out for the best interests of students.

Earlier this week, Hall pleaded with separate school trustees to overturn his principal's decision and allow him to take his date to the prom.

The Grade 12 student at Monsignor John Pereyma Catholic high school in Oshawa, Ont., told trustees he poses no threat to the Catholic school system.

Under Confederation, Ontario is required to maintain a publicly funded Roman Catholic system.

Civil rights advocate and prominent criminal lawyer Clayton Ruby said Wednesday that although the courts have consistently protected the rights of Catholic schools, most of those challenges have involved teachers and issues of curriculum.

"We're no longer talking about the teaching curriculum nor are we talking about an employee; we're talking about a prom," Ruby said. "One might think it's fairly far removed from the core of what constitutes a separate school."

"I hope that the kid wins, but if he loses it's because every court so far dealing with this issue has ruled in favour of the Catholic schools based on this guarantee."

"There is no question that the Constitution provides protection and institutionalizes the Catholic schools in Ontario," said Corbett.

"They have a special status where they receive funding and they are constitutionally recognized. Does that mean, we ask, that their rights are absolute? ... We say no."

Corbett has also asked for a court injunction that will stop the board from cancelling the prom completely if Hall's legal challenge is successful.

"The last thing we would want is for Marc's schoolmates to be blaming him for having this important event cancelled."

Because Hall is 17, he needs an adult to act as a "litigation guardian" in court. Liberal legislator George Smitherman has agreed to fill that role. He could be on the hook for damages if Hall loses the case.

An Oshawa youth fighting for the right to bring his boyfriend to his high school prom says he will not give up after the Durham separate school board rejected a personal plea from Marc Hall and his supporters.

Fighting back tears, surrounded by family and friends, Hall, 17, vowed last night to take court action to force the Durham Catholic District School Board to allow his 21-year-old boyfriend at the prom on May 10.

"I'll be there somehow," Hall told reporters when asked after the board meeting if he planned to attend the Grade 12 Monsignor John Pereyma high school prom.

Hall broke down after school board chair Mary Ann Martin read a prepared statement reaffirming the school board's stand that same-sex dates will not be allowed at school social functions.

Martin said the school board "accepts and supports Marc," but she said people trying to "force" views on the board in this issue are being "intolerant of our religion."

"The teaching of the Catholic Church on homosexuality is very clear and well understood by Catholics and many others. The catechism accepts homosexuals as persons who should be treated like any other person ... with respect, compassion and sensitivity.

"At the same time the catechism notes that homosexual behaviour is unacceptable and cannot be approved."

The board has been under intense pressure from Hall's supporters in the gay and lesbian community, union leaders, politicians and others to overrule the school principal's decision and allow the gay couple to attend the prom.

Last night the school board bent its rules and allowed Hall and six others to speak on the issue when it normally only allows three delegations on one matter.

"I haven't lost faith in my religion, but I have lost faith in the school board," Hall said later.

Among the speakers supporting Hall was Toronto Centre-Rosedale MPP George Smitherman, who is gay, and said the board is heading for a major court fight that could pit Catholic schools' constitutional rights to discriminate against individual rights in the Canadian Charter of Rights and Freedoms.

`I encourage you to set an example, for all Canadians, of social justice in action by not discriminating against a student based on sexual orientation.'

"My community is mobilizing for a fight that could have tremendous implications for the separate schools," he said.

Hall told trustees he felt his right and those of all other gay students in Durham Catholic schools were being denied.

"The prom is not being held on school property; my fellow Grade 12 students respect me and I feel I should be able to have a role at the prom."

His boyfriend John Paul Dumont sat close by as Hall made his plea to the board.

Later Dumont said he supported Hall fully and added "he is only trying to move things forward for gay students."

"This board is not being very forward thinking," Dumont said.

The controversy over Hall's same-sex date has been hotly debated in religious and other circles here and around the world.

There have been letters to the editor, countless radio and television talk shows, and vigorous activity on a special Web site set up by Hall and his friends, including hundreds of messages in support of Hall's "courage."

Hall won some high-profile support when federal Industry Minister Allan Rock weighed in to back him yesterday.

Rock, in an open letter sent to school board trustees, called on them to reverse the ban slapped on Hall by his principal.

"I encourage you to set an example, for all Canadians, of social justice in action by not discriminating against a student based on sexual orientation," said Rock, a lawyer and a former federal justice minister.

"It is our responsibility to encourage and assist young Canadians to reach their full potential rather than placing roadblocks along their journey."