Judge: No school prom but lesbian's right violated

[Harajuku Queen]

JACKSON, Miss. – The prom's still off at a Mississippi high school that canceled it instead of letting a lesbian student bring her girlfriend, but a federal judge ruled Tuesday that the district's actions did violate the teen's constitutional rights.
U.S. District Judge Glen H. Davidson refused the American Civil Liberties Union's demand to force the Itawamba County school district to put on the April 2 prom. However, he said canceling it did violate 18-year-old Constance McMillen's rights and that he would hold a trial on the issue.
That would come too late for the prom to be salvaged at Itawamba Agricultural High School. Still, Kristy Bennett, ACLU Mississippi legal director, called the decision a victory.
The American Civil Liberties Union sued the district to force it to put on the prom and allow McMillen to bring her girlfriend and wear a tuxedo. School officials said in U.S. District Court this week that they decided to cancel it because McMillen's challenge to the rules had caused disruptions.
The judge noted that McMillen has been openly gay since she was in the eighth grade and that she intended to communicate a message by wearing a tuxedo and escorting a same-sex date.
"The court finds this expression and communication falls squarely within the purview of the First Amendment," Davidson said.
As for McMillen, she said she was happy about the ruling but doesn't know what to expect when she returns to school. She attended classes a day after the March 10 decision to cancel the prom. But she said the hostility and comments from other students led her to miss school. She skipped class on Tuesday to go to the doctor and the fight is taking a toll, she said.
"My nerves are shot," she said.
District officials said in a statement that they were ready to get back to educating students.
Davidson said a private prom parents are planning will serve the same purpose as a school-sponsored one. He wrote that "requiring defendants to step back into a sponsorship role at this late date would only confuse and confound the community on the issue."
McMillen isn't sure if she'll go to the dance.
"I'm going to school tomorrow (Wednesday) and will get a feel of how everybody feels about me. That will help me make my decision about whether I'm going to the private prom," McMillen said. "I want to go because all my junior and senior class will be there, but I don't want to be somewhere I'm not welcomed."
Ben Griffith, the school district's attorney, said his clients were pleased with the ruling.
"What we're looking at now is the fact that the case is still on the docket for a trial on the merits," Griffith said.
McMillen first approached school officials about bringing her girlfriend in December, and again in February. Same-sex prom dates had been banned in the past, but she had hoped school officials would grant her request.
"I thought maybe the policy had been in place for a different reason," McMillen testified at a hearing on the ACLU lawsuit. "I wanted to let them know how it made me feel. I felt like I couldn't go to the prom."
She was told two girls couldn't attend together and she wouldn't be allowed to wear a tuxedo, court documents show. The ACLU issued a demand letter earlier this month and the district responded by canceling the event. McMillen, who lives with her grandmother and has a 3.8 grade point average, has kept her 16-year-old girlfriend out of the spotlight at the request of the girl's parents.
District officials said they felt not hosting the prom was the best decision "after taking into consideration the education, safety and well being of our students." Superintendent Teresa McNeece said it was "a no-win situation."
The 715-student high school is located in Fulton, a town of about 4,000 in rural, north Mississippi. The entire county school district has 3,588 students.
The case is typical of what's happening in schools across the country, said Charles Haynes, senior scholar for The Freedom Forum First Amendment Center.
"This case is different because this is not just dress, it is a higher claim of personal identity," Haynes said. "I think that if the student prevails in this case, it will send a message to school districts that they need to accommodate students now who are openly gay and lesbian and want to participate in student activities," Haynes said.
Her case has become a cause celebre.
She has appeared on the "The Early Show," "The Wanda Sykes Show" and "The Ellen DeGeneres Show" to talk about how she is fighting for tolerance. DeGeneres presented her with a $30,000 college scholarship from Tonic, a digital media company. A Facebook page set up by the ACLU for McMillen has over 400,000 fans.

That's really messed up. I mean I don't really care for gay people, they can do whatever they want for all I care. It's just really sad that the majority of our generation & the generation before us are so close minded to anything that is different.

[noblemin]

Some people dont liek different things

[ksrocks333]

I think i heard about this on TYT show on youtube.

I think that you can think whatever you want about us. But let us do normal teenage stuff just like everyone else can. :/

[chowchig]

Did she say, "OMFG Guys I'm a lesbian and I want everyone to know, and I want to ask the principle for permission too!" ?

See most people who live in my town don't give a damn if you are hetero or homo, but we do hate people who stick their sexual preferences in everyone's face.

[ksrocks333]

Did she say, "OMFG Guys I'm a lesbian and I want everyone to know, and I want to ask the principle for permission too!" ?

See most people who live in my town don't give a damn if you are hetero or homo, but we do hate people who stick their sexual preferences in everyone's face.

I agree with this.

Although I'm gay, I don't flaunt my sexuality in my school at all unless asked, because I don't want to deal with all the crap. I mean, I'm not going to deny it if someone asks, but I don't tell anyone about it.

So maybe she did flaunt it, that might have been the problem, I don't know.

I only tell people on the internet where there are no real life consequences. XD

[Rundeer]

I wouldn't say that the MAJORITY of our generation is closed-minded, but yes, people can be ignorant.

Besides this was the deep south, what did you expect to happen? She's lucky someone didn't stab her for ruining their prom.

[chowchig]

I wouldn't say that the MAJORITY of our generation is closed-minded, but yes, people can be ignorant.

Besides this was the deep south, what did you expect to happen? She's lucky someone didn't stab her for ruining their prom.

Wouldn't be surprised if they did.

[Slash]

I read in USA Today where the principal of that school (i think principal..) said she cancelled it because the girl would be too much of a distraction. Two private proms are being formed by students/parents, though.

[Rundeer]

I agree with this.

Although I'm gay, I don't flaunt my sexuality in my school at all unless asked, because I don't want to deal with all the crap. I mean, I'm not going to deny it if someone asks, but I don't tell anyone about it.

So maybe she did flaunt it, that might have been the problem, I don't know.

I only tell people on the internet where there are no real life consequences. XD

See with you, I couldn't even tell. This chick in the story must have been making a big fucking deal out of it or something. I have no idea how many gay people are in my school, mostly because unless they're holding hands or making out with their significant other, you can't tell. There are only about 3 people I know who are FLAMBOYANTLY gay, and it really bothers me and everyone else.

The story doesn't really give us any insight into the girls personality, and is set up to get us on her side. I'm not saying that cancelling the whole prom wan't justified, but still.

[Harajuku Queen]

I have a really close friend who's gay. He didn't come out `til about a year ago, but even before then he was really cool. Just one of the guys you know? We called him King Louie. & now he's gay (he always was) he doesn't flaunt it. & he can still chug a motherfucking beer. We love him <3

[chowchig]

I have a really close friend who's gay. He didn't come out `til about a year ago, but even before then he was really cool. Just one of the guys you know? We called him King Louie. & now he's gay (he always was) he doesn't flaunt it. & he can still chug a motherfucking beer. We love him <3

Yeah see that is the kind of person I don't really mind, but some people just stick it in everyone's face. I myself have even had some stand-offs between those kind of guys. >.>

[Harajuku Queen]

Drag queens scare me >.> But I'm sure their nice people, it's just weird -.-
Oh and lesbian girls that totally look like a dude.
They scare me Dx

[Gabe]

Drag queens scare me >.> But I'm sure their nice people, it's just weird -.-
Oh and lesbian girls that totally look like a dude.
They scare me Dx

Agreed. If your dragging, why not just do the gender transition thing. Also, I'm fine with gays, I don't like the people that flaunt it though. Especially the ones when asked about it basically deny it.

[Beyoncé]

Agreed. If your dragging, why not just do the gender transition thing. Also, I'm fine with gays, I don't like the people that flaunt it though. Especially the ones when asked about it basically deny it.

Because Gender transition costs shit loads of money.

[C0FFINCASE]

I don't get it. Why f'in say anything? If you don't make a big deal about it then no one can get pissed off till after the fact any way. She decides to make a big deal, so they won't let her go, sounds fair. But Then she gets pissy and makes a bigger deal and ruins it for every one. That's definitely not how you get people to accept you, that's the thing that get people to hate you. She's talking about going to the "private prom" well she sure as hell shouldn't I'd be right there with everyone else ready to give her hell for being a jerk. No, I'm not saying its ok to be angry with her for being gay, I'm saying its ok cause she was jerk.
"Look prom! HEY EVERYBODY I"M GAY AND I"M GONNA SHOW YOU THAT AT PROM! LOOK LOOK!" "You can't do that" "SCREW YOU I"M GONNA GO TO COURT.SO NO ONE CAN GO TO PROM."
She should have said nothing or compromised. She could have just worn a dress and her date and her gone "separate" and then just hooked up there, not a big deal. Dress codes are definitely not a violation of civil liberty, if someone puts on a formal affair and tell you to wear x you don't come in your boarder shorts and Hawaiian shirt. We call it etiquette.