Yes! Smack them the hell down. From the ACLU press release:
The American Civil Liberties Union filed a lawsuit today against a Mississippi High School that has canceled prom rather than let a lesbian high school student attend the prom with her girlfriend and wear a tuxedo to the event. In papers filed with the U.S. District Court for the Northern District of Mississippi, the ACLU asks the court to reinstate the prom for all students at the school and charges Itawamba County School District officials are violating Constance McMillen’s First Amendment right to freedom of expression.“All I wanted was the same chance to enjoy my prom night like any other student. But my school would rather hurt all the students than treat everyone fairly,” said McMillen, an 18-year-old senior at Itawamba Agricultural High School in Fulton, Mississippi. “This isn’t just about me and my rights anymore – now I’m fighting for the right of all the students at my school to have our prom.”
Today’s filing comes after Itawamba County School District issued a statement yesterday saying they were canceling prom, following a letter from the ACLU and the Mississippi Safe Schools Coalition demanding that they reverse their decision. McMillen said that before that happened, school officials had told her that she could not arrive at the prom with her girlfriend, also a student at IAHS, and that they might be thrown out if any other students complained about their presence at the April 2 event.
More below the fold, including a Facebook page to help McMillan.
“Itawamba school officials are trying to turn Constance into the villain who called the whole thing off, and that just isn’t what happened. She’s fighting for everyone to be able to enjoy the prom,” said Kristy Bennett, Legal Director of the ACLU of Mississippi. “The government, and that includes public schools, can’t censor someone’s free expression just because some other person might not like it.”In today’s legal complaint, the ACLU asks the court to reinstate the prom for all students and charges that the First Amendment guarantees students’ right to bring same-sex dates to school dances and cites cases holding that other parties’ objections don’t justify censorship. The ACLU also said that the school further violates McMillen’s free expression rights by telling her that she can’t wear a tuxedo to the prom.
“It’s shameful and cowardly of the school district to have canceled the prom and to try to blame Constance, who’s only standing up for herself. We will fight tooth and nail for the prom to be reinstated for all students,” said Christine P. Sun, Senior Counsel with the ACLU national LGBT Project, who represents McMillen along with the ACLU of Mississippi.
The ACLU will ask the court in the next few days to grant McMillen a preliminary injunction ordering the school to reinstate the April 2 prom, let McMillen and her girlfriend go to the prom together, and let McMillen wear a tuxedo to the event.
McMillen is represented by Bennett and Sun, as well as by Norman C. Simon and Joshua Glick of Kramer Levin Naftalis & Frankel LLP.
The case name is Constance McMillen v. Itawamba County School District, et al. Also named as defendants are Superintendent Teresa McNeece and Itawamba Agricultural High School Principal Trae Wiygul and Vice Principal Rick Mitchell. Additional information, including a copy of today’s legal complaint, is available at http://www.aclu.org/lgbt-right… There is also a Facebook group for people who want to support McMillen, “Let Constance Take Her Girlfriend to Prom.”
Related:
* Mississippi prom canceled after student requests to bring same-sex date



45 Comments



YES!
wow what can I saidI’m so glad as a community we aren’t forcing our life stlye on others.. Way to go community, we not what they have said we are, and we are doing what they said we would do….
And in a show of solidarity…..And in a show of solidarity, at 9:15pm all the boys of the football team started dancing in Boy-Boy couples, while the Cheerleaders did likewise. The drama club and band kids started dancing in triples of mixed and same gender affiliation. The rest of the class with smiles of delight started a conga line that INCLUDED the two wheelchairs kids.
Principal Wiygul and Vice Principal Mitchell’s heads exploded simultaneously while superintendent McNeece and all her beautiful wickedness melted into a puddle of pigswill.
The next day it was discovered that no student overdrank, wrecked their car, or even got home later than curfew.
The remainder of the school year was joyous and productive and nobody remembered the names of the former Principal, VP, or Supe as they were entirely unnecessary to the successful operation of the school. Their spouses collected the insurance and started a food cooperative that thrives to this day….
Thank goodness for our youthThey fight back. Hang in there Constance. You are the change we seek!!!!
WrongUnless I missed the part where all the straight students were required to attend the prom with same-sex dates.
This is not forcing anything on others. It is demanding equal participation.
Would it be okay if the (publicly funded) school announced that black students, or Muslim students, or, for that matter, middle class white Christian students couldn’t attend, or that the entire school got to vote on their dates and throw them out of the dance if anyone disapproved? That white kids can only show up with other white kids, or any other form of discrimination? Equality is NOT forcing anything but equality, which shouldn’t be up for debate.
They didn’t even let her have the (unacceptable, but potentially practical) option of having her and her date attend as two single people who happened to spend the rest of the evening together.
Not the caseSorry, but no one is “forcing” anything here. The school’s insistence that objections by others could provide a ground to eject the lesbian couple throws into stark relief the reality of the situation. What we have here is “the basic rights of individuals to participate on an equal level” vs. a supposed “right never to be exposed to anything that might bother you”.
In a pluralistic society of 300 million people that proudly purports itself to be a “free country”, the latter simply cannot exist – by definition. Living in a free country requires one to be able to deal with the presence of others unlike oneself.
reallyfirst no high school in the country is require by law to have a prom, this school broad didn’t want a court battle so they cancel a dance,and what did they get a lawsuit…
alsoDon’t use Fricke v Lynch as a reason, they may have the right to bring who ever, however the School broads across the land are not require to have these types of Dance,
typobroad= board sorry.
They tried a similar argument to yours at Ole Miss in 1962They even had to call out the National Guard. But those students still got to attend that school and your side lost again, sickntired.
mmjust whom side am i on, I just f tired of us forcing this crap, We are doing more damage to our community then Jerry or Pat could ever do…
then is a big diffNice I see you had to play the race card,,
I disagree. If they hadn’t forced it in 1962, blacks still would not be allowed to Attend Ole Miss today. I have a good friend I served with in the military. He was deployed to Afghanistan. While he was there his convoy came under fire. He was injured along with other soldiers in his unit. The soldiers had their loved ones visiting them in the hospital while they were recuperating. Afterwards, they had an awards ceremony. The soldiers had their loved ones there to pin their awards onto them and shake hands with their commander. All of them except my friend. He had to do without the same honors and respect everyone else was getting, even though he did get to be shot by the same bullets.
Change is uncomfortable. But if no one fights, then everyone loses.
greatlet bring the damn war in this… Schools are not under any legal agreement to host a damn prom… taken a damn girl to a prom is different then the actions of those in 1962, which was base on race..
Change does hurt, but we are now doing it, we have become those what we rally against… we are now using their tactics… we are now no better then them, this is what our so-f’ing called leaders know to be true.. in you next reply leave the damn war out of it.
“Play the race card”Explain how it is wrong.
But they specifically canceled it just to discriminateAre you really arguing that the school board members may abuse their position?
show meshow me where it say that all school must host a prom. You can’t, I think its about time for school to end this crap..
someone’s a bit bitterwhats the matter? couldn’t find a date to your prom? I loved going to my prom. Most teens do. Its a fun thing. Its especially fun if you can take who you want to and wear what you want to. You are right, school’s dont have to have proms but they are sure as hell fun. Stop your trolling.
That’s not the pointThe only reason that they canceled the public prom is in order to discriminate.
After all, I have to conclude that you support anti-gay discrimination. And that you hate proms doesn’t excuse that because they are having a prom. That it is private, is just a legal maneuver.
And this is the point: Is it okay to circumvent the requirement not to discriminate as public entity by de jure privatization.
And yes, proms are crap.
Shoot… now they won’t get to hear and do and sing. R – E – S – P – E – C- T.My daughters school spent her whole 5th grade class with that as the focus of their school year … a Catholic school no less. Before Papa Nazi Ratzi of course.
…and go ACLU.They do continue to get my $$.
Siiigh…This coming from a state that JUST (barely) allowed an interracial couple to attend prom…. hate to admit it but I was born in Meridian and am SO THANKFUL my parents moved six weeks later.
Teenagers most likely won’t understand the TRUE reason for the cancellation so nice to pull the “See what homosexuals did? They ruined YOUR prom.” bit.
Conservatives did this in Boston too when gays were allowed to march in the St. Patty’s day parade in the ’90s.
Such crap from such crappy people.
You’re missing the POINT.Yes, you are right in the fact that no where is it written down that a school must host a prom.
However, that is not the issue here.
The issue here is that they canceled the prom, to discriminate against a student.
That is the part that is unlawful, and that is why the matter is going to court.
Also, I get the fact that you’re tired of the legal battles, the gaffs constantly being made, and the hours of what right now seems like wasted emotional investment.
No movement is without those feelings.
And it is the feeling of finally being equal in the eyes of the law that will make it all worth it in the end.
ACLUJust so you know…ACLU is the last online purchase/donation I made in a long time & my CC# was stolen & used for various political campaigns, a place called Digiequality.biz & Skype. They said they are working on the problem (and it is one) but in the interim, I would suggest sending a check – please don’t let it deter you from donating!
nothey cancel to prevent a lawsuit, however that is what they got, because this girl doesn’t want to shoulder the full blame by her peers for getting prom cancel.. the school cancel, but told them they would need to find a private citizen to host it, the prom still can go on, just not at the School
The f–What in the.
Ok, you logic simply does not make sense here.
It really, truly doesn’t.
They canceled, to prevent hopefully getting a lawsuit, yes.
However, it was STILL for discriminatory reasons.
How exactly, is this not clear to you? I can go into further depth if need be:
That’s like saying a Jewish kid can’t bring their Jewish date to the prom, having some one like the ACLU stepping in to say ‘No you can’t do that’, and then the school gets some one else to host the prom, JUST so that way they can discriminate ‘lawfully’.
That is called circumvention of the law.
Which is illegal.
We all know darn well people would flip if the above happened, so why on EARTH should we allow this to happen?
if anyone is interested…eddie hood, an all state agent – http://www.allstateagencies.co… – is a member of the school board – http://www.itawambacountyschoo… – that canceled prom. notice how he used his allstate email as a contact. call the allstate complaint line at 847-402-5448 and ask them if they do indeed sanction this sort of discrimination since it seems they do by allowing him to use their email.
I have some questions about proms!!Hi, I am from Germany and I don´t know how your proms in America work.
Schools are NOT required to hold proms, right?
If schools do hold proms, who pays for it? Is tax money used? Tax money by parents then, too, right?
How did the school find out about Constance´s plans going with her girlfriend?
How did the school find out about Constance´s plans to wear a tuxedo?
Is there a requirement that ONLY COUPLES can go to prom?
A single person cannot go by him- or herself?
If only couples can go to prom, isn´t that discrimation against the liberty of your citizens? Maybe someone wanted to go as single to prom.
And if tax money is used to pay for the proms, including the tax money of parents that want their children to experience prom, isn´t that just fraud?
But really…the thing with ONLY COUPLES bothers me.
If it is possible to go as single, how does the school find out about who is going with who? Is there a difference in treatment?
Is there a registration for people that want to go to the prom? (LOL)
Are couples´ names anounced when they come into the dance hall, or so?
Please enlight me :S.
Ah, allow me~Schools are not required to hold a prom, no, but it is deeply ingrained in American tradition, so it is usually un-heard of to not have a high-school prom.
Tax money, from my knowledge, is not used. Rather, the students do fund raising activities to pay for it.
In some schools, but not all, they usually have a place on your ticket to wright down who your date is, if you have one.
Most likely, she asked the school if she could do this, because it would be too late to do anything about it on prom night if she got kicked out.
There is no requirement to go as couples, tho’ most students tend to, and single people often go with either friends, or the chance to meet some one there.
Thus, since single people can go, there’s no need to worry about discrimination… Except by maybe you’re peers, if you’re unlucky enough to be unpopular with the jerks in your school.
As I said before, from my knowledge, tax money is not used, tho’ anyone can feel free to correct me otherwise. So no, no fraud here.
That question I answered above.
And yes, there is a registration, usually. It’s usually to make sure it’s seniors (and their dates if they choose so) only get to go, since prom is considered a ‘senior privilege’, though this is not always the case, since my school had a Junior Prom instead of Senior.
And yes, in some schools, couples names are announced. At my school, they did not do this. However, when I went to a friends Senior Prom, they did this when he and I entered. (He registered me as his date to get me in, since he was my only single friend at the time. XD; )
whateverthat FACT THAT YOU ARE MISSING IS THAT A SCHOOL DOESN’T HAVE TO HOST A DAMN PROM PERIOD, NO MATTER WHO WHATS TO BRING WHO TO DANCE WITH, MAYBE IF SHE WOULD WEAR A DRESS, SINCE SHE NOT A TRANS-PERSON THEY MIGHT HAVE SAID YES,,,,
and allow meStudents paid for ours every step of the way.
For our Prom (i was on committee) we needed to know who was coming because we had personalized favor and such made up for everyone.
There are some schools that you must attend as a couple. It was a Catholic school. No singles. There is one I remember, that two friends (and that’s all they were) wanted to go, but could not find dates, so they were just going to go together, to save face and to save some money otherwise they would both have to pay for separate couples ($120) tickets and lie that their dates stood them up.
We however did not have this problem as many came alone or with their date be it guy/guy or gal/gal or guy/gal.
She shouldn’t have to wear a bloody dressFurthermore, suggesting or insisting she should have to supports infringing on her right of free expression (and might arguably be sex discrimination, since the guys can wear tuxes). If the authorities told a devout Jewish boy, ” You can come, but you can’t wear the yamulke,” there would be outrage and a lawsuit. This is the same thing.
Additionally, you cannot turn back the clock here. The school initially sponsored the prom, and they canceled it to prevent the lesbian couple from attending. The timing and the public statements permit no other construction. If they had canceled it months ago due to budget constraints, that would be another matter. BUT THEY DIDN’T. “You’re entitled to your opinions, but not your own facts.”
and for my $.02There is an issue of public/government involvement, since the public school authorities have input and even authority over the event, as they do over other extracurricular events such as sports teams and clubs. Beyond mere name rights (since the name of the school is invoked), public school staff members serve as advisers to the students doing the planning and generally perform chaperone duty at the event itself. Notice also that it was school officials who canceled the prom. Since these are public schools in the American sense (supported by tax dollars), those people are effectively government officials/employees. As such, they are bound by constitutional provisions and anti-discrimination laws (if any), not to mention case law.
The bloody…No, I’m pretty sure I covered that I got that point quite well in my first post to you.
Yes, in fact, what was my very first sentence. Here it is again:
See? I even added the second sentence to re-iterate my point.
Also, you’re comment about not letting hew wear a tux?
That could be construed as sexist. What your words, m’kay?
Oh, and another thing: All caps does not make you right, or do anything for your point.
There is a reason why there is a meme that says ‘If you use all caps, you lose any and all arguments forever’, the point being all caps are usually associated with trolls, or those whom do not understand how to post properly.
I know neither is the case for you, but just a heads up. There are a lot more mean people then me out there that can and will troll you for such things.
Tax Money is usedIt is used to keep the school open after hours, for janitorial services, for security and other administrative costs associated with a “prom”. I think that was overlooked.
Would anyone but an outright trollactually use the term “life style” [sic] in that context here?
What I’d like to knowis how they could call a prom part of the “educational process” without laughing.
Maybewe’d all better stop feeding this troll.
Ignore the troll.
Why are you defending the school district?Is it because you’re a troll? Must be.
done
Eh, true.But then, I wouldn’t get my daily dose of idiocy to help me laugh through the day. :3
YES Clicky……exactly. To show discrimination by a government actor requires intent plus effect. The effect here is obvious, and the intent is demonstrated very strongly by the timing of, and the events surrounding, the cancellation.
Rebutting sickntired’s line here, no one is “required by law” to run a pizza restaurant either. But if it is proven that they shut down their restaurant in order to avoid hiring any minority applicants, it’s still a case of discrimination.
I have been cost worstby a better class of people… I’m sorry I will not blindly follow my community, when we know that most of the bitching and whining we are doing are over the most stupid crap ever…
Non-discrimination is bitching and whining?That’s pretty idiotic.