School cancels prom rather than let lesbian student wear tuxedo and attend with girlfriend

[Andy9o8 3]

http://www.aolnews.com/nation/article/lesbian-student-constance-mcmillen-sues-high-school-over-prom/19396303

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Lesbian Teen Files Suit to Force School to Hold Prom

JACKSON, Miss. (March 12) -- A lesbian student who wanted to take her girlfriend to her senior prom is asking a federal judge to force her Mississippi school district to reinstate the dance it canceled rather than let the couple attend.

The American Civil Liberties Union of Mississippi on Thursday filed a lawsuit in U.S. District Court in Oxford on behalf of 18-year-old Constance McMillen, who said she faced some unhappy classmates after the Itawamba County School District said it wouldn't host the April 2 prom.

"Somebody said, 'Thanks for ruining my senior year.'" McMillen said of her reluctant return Thursday to Itawamba Agricultural High School in Fulton.

The lawsuit seeks a court order for the school to hold the prom. It also asks that McMillen be allowed to escort her girlfriend, who also is a student at the school, and wear the tuxedo.

The district's decision Wednesday came after the ACLU demanded that officials change a policy banning same-sex prom dates because it said it violated students' rights. The ACLU said the district violated McMillen's free expression rights by not letting her wear a tux.

McMillen said she never expected the district to respond the way it did.

"A lot of people said that was going to happen, but I said, they had already spent too much money on the prom" to cancel it, she said.

McMillen said she didn't want to go back to Itawamba County Agricultural High School in Fulton the morning after the decision, but her father told her she needed to face her classmates.

"My daddy told me that I needed to show them that I'm still proud of who I am," McMillen told The Associated Press in a telephone interview. "The fact that this will help people later on, that's what's helping me to go on."

The school board statement said it wouldn't host the event "due to the distractions to the educational process caused by recent events" but didn't mention McMillen. District officials didn't return calls seeking comment Thursday.

At least one supporter has offered to help McMillen and her classmates hold an alternate prom.

New Orleans hotel owner Sean Cummings told The Clarion-Ledger of Jackson he was so disappointed with the school board's decision he offered to transport the students in buses to the city and host a free prom at one of his properties.

"New Orleans, we're a joyful culture and a creative culture here and, if the school doesn't change its mind, we'd be delighted to offer them a prom in New Orleans," he told the newspaper. "Concluding your high school experience should be a joyful one. One shouldn't conclude that experience with all their friends on a negative note."

Same-sex prom dates and cross-dressing are new issues for many high schools around the country, said Daryl Presgraves, a spokesman for GLSEN: Gay, Lesbian and Straight Education Network, a Washington-based advocacy group.

"A lot of schools actually react rather than do the research and find out what the rights of these students are," said Presgraves.

In 2002, a gay student sued his school district in Toronto to allow him to attend a prom with his boyfriend. A judge later forced the district to allow the couple to attend and stopped the district from canceling the prom.

U.S. Rep. Jared Polis, D-Colo., said a bill he's introduced in Congress would make it illegal to discriminate against gay and lesbian school students. He said at least 10 states have such laws, and his bill is modeled after those.

"This situation with the prom is a perfect example of why we need to protect students from discrimination. In this case it's a prom. It other cases, it's getting beaten up or killed," Polis said.

The school district had said it hoped a privately sponsored prom could be held.

Southside Baptist Church Pastor Bobby Crenshaw said he's seen the South portrayed as "backwards" on Web sites discussing the issue, "but a lot more people here have biblically based values."

Itawamba County is a rural area of about 23,000 people in north Mississippi near the Alabama state line. It's near Pontotoc County, Miss., where more than a decade ago school officials were sued in federal court over their practice of student-led intercom prayer and Bible classes.

[ryoder 1,590]

Now let this be a lesson for any other schools that cancel the prom because a kid tried to bring a same-sex date to the prom:
If you do that, the kid might get a $30,000 scholarship:

http://news.yahoo.com/s/ap/20100319/ap_en_tv/us_lesbian_prom_date

"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

[ZigZagMarquis 9]

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The ACLU of Mississippi had given the district until Wednesday to change that policy, arguing that banning same-sex prom dates violated McMillen's constitutional rights.

Which constitutional rights?

[Andy9o8 3]

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The ACLU of Mississippi had given the district until Wednesday to change that policy, arguing that banning same-sex prom dates violated McMillen's constitutional rights.

Which constitutional rights?

Off the top of my head: maybe freedom of speech; maybe freedom of assembly; maybe a violation of the Equal Protection Clause. But the best answer to that would be in the text of the ACLU's brief itself. Maybe you can see if it's posted online (it might not be), and if so, post a link so we can read it.

[ZigZagMarquis 9]

Found this...

http://www.aclu.org/lgbt-rights/aclu-sues-mississippi-school-canceled-prom-rather-let-lesbian-couple-attend


While a staunch supporter of the U.S. Constitution and the rights it protects for free men (and women) that are citizens of the U.S.A., my first blush is that its writers didn't foresee the 1st Amendment being applying to a lesbian couple wanting to go to a high school prom as each other's date, but upon reflection, I can see how it can be argued (with basis) that it does.


However, all that be as it may, I don't (personally) feel that these kids have a Constitution argument as to a "right" to have a high school prom in the first place. Whether we're talking a public school or not, in my opinion, a prom is an extra-curricular activity that the school district is not Constitutionally bound to host if they choose not to. Thus, my opinion, while its a pretty shitty decision on the part of the school district involved here, it was their decision to make to cancel the prom.

Unfortunately, the school district will also now expend money to defend themselves unnecessarily... again, IMO, the school district didn't violate the kids Constitutionally protected rights by cancelling the prom out right... and all lose, the kids, the community and the school district.

[timmyfitz 0]

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Found this...

http://www.aclu.org/lgbt-rights/aclu-sues-mississippi-school-canceled-prom-rather-let-lesbian-couple-attend


While a staunch supporter of the U.S. Constitution and the rights it protects for free men (and women) that are citizens of the U.S.A., my first blush is that its writers didn't foresee the 1st Amendment being applying to a lesbian couple wanting to go to a high school prom as each other's date, but upon reflection, I can see how it can be argued (with basis) that it does.


However, all that be as it may, I don't (personally) feel that these kids have a Constitution argument as to a "right" to have a high school prom in the first place. Whether we're talking a public school or not, in my opinion, a prom is an extra-curricular activity that the school district is not Constitutionally bound to host if they choose not to. Thus, my opinion, while its a pretty shitty decision on the part of the school district involved here, it was their decision to make to cancel the prom.

Unfortunately, the school district will also now expend money to defend themselves unnecessarily... again, IMO, the school district didn't violate the kids Constitutionally protected rights by cancelling the prom out right... and all lose, the kids, the community and the school district.

I agree. I love the constitution and all the rights that come with it until something happens I don't agree with or like. Then those rights become null and void.

[ZigZagMarquis 9]

Nice.

[timmyfitz 0]

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Found this...

http://www.aclu.org/lgbt-rights/aclu-sues-mississippi-school-canceled-prom-rather-let-lesbian-couple-attend


While a staunch supporter of the U.S. Constitution and the rights it protects for free men (and women) that are citizens of the U.S.A., my first blush is that its writers didn't foresee the 1st Amendment being applying to a lesbian couple wanting to go to a high school prom as each other's date, but upon reflection, I can see how it can be argued (with basis) that it does.


However, all that be as it may, I don't (personally) feel that these kids have a Constitution argument as to a "right" to have a high school prom in the first place. Whether we're talking a public school or not, in my opinion, a prom is an extra-curricular activity that the school district is not Constitutionally bound to host if they choose not to. Thus, my opinion, while its a pretty shitty decision on the part of the school district involved here, it was their decision to make to cancel the prom.

Unfortunately, the school district will also now expend money to defend themselves unnecessarily... again, IMO, the school district didn't violate the kids Constitutionally protected rights by cancelling the prom out right... and all lose, the kids, the community and the school district.

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I agree. I love the constitution and all the rights that come with it until something happens I don't agree with or like. Then those rights become null and void.

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Nice.

That was sarcasm on my part(null and void) but it did seem to reflect the way you viewed the issue.

[Nightingale 0]

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Unfortunately, the school district will also now expend money to defend themselves unnecessarily... again, IMO, the school district didn't violate the kids Constitutionally protected rights by cancelling the prom out right... and all lose, the kids, the community and the school district.

I think the problem for the district here will be that they will be hard pressed to argue that they didn't cancel the prom as a political statement against Ms. McMillen. While a student does not have a constitutional right to a prom, they do have a right to not be discriminated against due to their age, race, disability, national origin, or gender. Although the school canceled the event for all students, the issue is going to be that all the students know why, and it's left the plaintiff in a very vulnerable situation at school.

Regardless, the district, with their "fine, we're taking our toys and leaving!" attitude is has me wondering why an 18 year old is coming across as more mature than an entire school board.

[ZigZagMarquis 9]

All that be as it may, how much of this, on both sides, is one's opinion of what is and isn't social and political experimentation?

Anyway, my 2 cents, the school district involved should suck it up, say the prom is back "on" (even though is not a Constitutional right to have a sponsored by the district), drop the apparent restriction on same sex dates, but be perfectly clear anyone causing a disruption for any reason will be tossed out of the event... OR... the school district involved could stick to this prom is "cancelled" and all subsequent senior proms, ever, are no more, tough shit, things have become too litigious.


On another note, personally, I don't think an unwillingness by straight folk to "celebrate" the gay and lesbian lifestyle is necessarily a sign of immaturity, but that's a different story...

[Nightingale 0]

I don't think the plaintiff here was asking anyone to celebrate her lifestyle, merely to tolerate it and not make her be someone she isn't. If anything, it is the district who wants a certain lifestyle celebrated to the exclusion of all others in this case.

Think about it... these students see the plaintiff and her girlfriend every day at school. That these students are lesbians is not news. It probably wasn't even on most students radar as something important. However, the district comes in and makes a BIG DEAL out of it, and suddenly, everyone's staring and talking about the lesbians.

At my prom (gasp... fourteen years ago!) we had girls dancing with girls, boys dancing with boys, girls dancing with boys, at least three girls in tuxes and one boy in a dress. And nobody gave a damn, except to note that he looked way better than a lot of us. We didn't think anything of it, because these were people we saw every day, and honestly, seeing Julie in a dress or Ken not in a dress would've been weirder, because that would've been different!

[ZigZagMarquis 9]

And that's why I said "that's a different story".

Where was you're prom? I bet it wasn't in Mississippi?


Anyway... like I said, the school district in question should get over being butt-hurt and reschedule the prom OR cancel this prom and all henceforth and if folks in the community don't like it, vote in a new school board at the next opportunity, pay attention and change things.

I'd also be curious to know if there's more "back story" here.

Frankly, I wish folks would pay more attention to things (like this) going on in their own community more and worry less (or at least as much as) whose in the friggin' white house because pin-heads on your local school board or local city council can do a whole lot more to f-up your life than what most folks give a rip about.

[Nightingale 0]

It was in Orange County, CA. We're pretty conservative here behind the orange curtain. Bible studies going on at lunch and all that. But admittedly, we're not Mississippi.

[ZigZagMarquis 9]

I own and read a Bible, does that make me a conservative? Or is it the guns?

Anyway, it will be interesting to see how this story plays out. I do hope the ACLU isn't successful in forcing the district involved into having the prom. That doesn't seem like it will work out nicely for anyone.

[kelpdiver 2]

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I own and read a Bible, does that make me a conservative? Or is it the guns?

Anyway, it will be interesting to see how this story plays out. I do hope the ACLU isn't successful in forcing the district involved into having the prom. That doesn't seem like it will work out nicely for anyone.

It will work out great for the students, the two girls and the rest of her senior class. And pigs won't fly and alligators won't dance, and whatever other fears the village idiots have won't come true. Their straight children won't turn gay, unless they were already in the closet.

Yes, Orange County. Shortly after I left my high school there was quite the scandal when two drummers were found jacking each other off. The greater school district knew of it in no time and my high school was the Gay one. Had far fewer blacks than a LA high school too. 2 or 3 out of 2000? Many Chinese and other Asians, but no blacks.

[timmyfitz 0]

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Anyway, my 2 cents, the school district involved should suck it up, say the prom is back "on" (even though is not a Constitutional right to have a sponsored by the district)

I would hope that any intelligent person reading this story would not think this is about a constitutional rights to go to a prom. It's about the right to not be discriminated against.

The school chose to cancel the prom instead of dealing with it's obvious discrimination of not letting the girls go to the prom together.

[rehmwa 2]

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The school chose to cancel the prom instead of dealing with it's obvious discrimination of not letting the girls go to the prom together.

and, thus, treated everybody equally in the end - and likely avoiding a firestorm of fanatics on both sides of the debate coming at them worse than now had they picked either position

interesting result - I'd posit the "school" wasn't discriminatory, rather they were in a 'conflict avoidance' mode in a 'no win' scenario

the "school" is a building - the school board (people) is as likely to be split on the issue as the local mix of the school district that voted them in

interesting - it might have been the only result with a chance of avoiding a law suit

(I said "chance", slim as it is. This isn't a post about whether the school did right or wrong - this is a post about how the school could best cover their collective asses. Which is usually how people have to make decisions nowadays in our current social environment)

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Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

[kelpdiver 2]

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interesting result - I'd posit the "school" wasn't discriminatory, rather they were in a 'conflict avoidance' mode in a 'no win' scenario

This isn't a good example of conflict avoidance. They invited conflict with this move. Most of the girls and some of the boys in this senior class now have a more substantive reason to hate lesbians, and these two in particular. "I couldn't go to prom because of these bitches."

How is that avoiding?

[rehmwa 2]

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How is that avoiding?

any response invited conflict - let the girls go as is, the homophobe parents rise up in protest. Restrict the girls, the other side's nutballs rise up in protest. Cancel the prom, then no conflict exists, every kid doesn't go - someone has to construct the issue. It was a lose/lose/lose scenario.

if you look beyond your PC colored glasses, this is the only option that had a chance at some kind of lame argument to appease people on either side (no prom = no issue)

any other action would have invited nutballs on either side to make a stink.

frankly, I personally doubt there was any option that wouldn't piss someone off

If the girls wanted to actually go to the dance as dates, they could have just showed up, done it in a less than in-your-face fashion, been treated like any other attendees and fun would have been had by all. Methinks that making it a big deal ahead of time, they got the attention they were looking for - and everyone else got to pay for it also.

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Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

[jakee 1,648]

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any response invited conflict - let the girls go as is, the homophobe parents rise up in protest. Restrict the girls, the other side's nutballs rise up in protest. Cancel the prom, then no conflict exists, every kid doesn't go - someone has to construct the issue. It was a lose/lose/lose scenario.

if you look beyond your PC colored glasses, this is the only option that had a chance at some kind of lame argument to appease people on either side (no prom = no issue)

Ok, now with the benefit of your real-world non-PC glasses could you tell me what law-suit you think would have resulted if the school had let the lesbians go as a couple in the first place?

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If the girls wanted to actually go to the dance as dates, they could have just showed up, done it in a less than in-your-face fashion, been treated like any other attendees and fun would have been had by all. Methinks that making it a big deal ahead of time, they got the attention they were looking for - and everyone else got to pay for it also.

Right. If they'd just done everything secretly then they could have been equal. Hmm.

Do you want to have an ideagasm?

[rehmwa 2]

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If they'd just done everything secretly then they could have been equal

I didn't say 'secretly', I said go just like any other kids and do their thing just like any other kids.

As said above - it's very unlikely they were in the closet as far as the teachers and other kids were concerned. So be equal - just go as themselves and have a good time - don't hide the orientation, and don't make a big deal either - it should be accepted as normal, so act like it is.



as far as the other comment - I said nothing about "lawsuit" - just that people make a stink and schools try to avoid it. Do you always jump to lawsuits when you have an issue with other people's personal choices?



Edit: in my perfect world, the school would have kept the prom, stood up for the girls, and told them to stop acting like they are any more or less special than the rest of the kids - just go and have a good time. And if anyone made a big stink pro or con on the situation - just laugh at them and tell them to leave the kids alone to their prom.

Who sells tickets to Proms? That sounds wierd too. But if they do, Nightengale has it right - sell individual tickets.

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Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

[Rstanley0312 1]

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Files suit? I don't agree with the actions of the school board, but a prom is not a "right." A lawsuit is simply a further waste of educational dollars.

Holy crap... we agree! This whole thing is wrong but a prom is not a right so a lawsuit would not be a good choice.

Life is all about ass....either you're kicking it, kissing it, working it off, or trying to get a piece of it.
Muff Brother #4382 Dudeist Skydiver #000
www.fundraiseadventure.com

[kallend 2,230]

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the "school" is a building

A relatively recent useage. A school (and for that matter, a college) is a collection of like-minded people, like "The Prairie School of Architecture" and "The College of Cardinals".

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The only sure way to survive a canopy collision is not to have one.

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[rehmwa 2]

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the "school" is a building

A relatively recent useage. A school (and for that matter, a college) is a collection of like-minded people, like "The Prairie School of Architecture" and "The College of Cardinals".

or a school of fish, or a school of solar power advocates?
thanks, it's hard to keep up with our constantly evolving vocabulary

and, frankly, why do Cardinals get to be in an advance grouping (college vs school) - it's just philosophy.....unless you mean cardinals as birds, then that's just ridiculous - a bird can't pass entrance exams for higher education, except for various Arts degrees or Education.

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Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

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[Nightingale 0]

The problem here is that the school was selling two-person tickets, and had a "no same sex dates" policy. The plaintiff asked her school in advance for an exception to the rule so she could buy a ticket for herself and her date, was told no, and in addition was told that if she danced with her girlfriend she would be in additional trouble.

So, the school put her in a position where she couldn't just "go and keep quiet about it" like you suggest, and that's one of the primary issues.