Judge hears lesbian teen’s suit to force prom

critter171

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"(Aberdeen, Miss.) Mississippi officials who canceled a prom after a lesbian student asked to bring her girlfriend told a federal judge Monday that there were issues with the event even before that. The American Civil Liberties Union is suing in U.S. District Court to force the Itawamba County school district to sponsor the prom and allow Constance McMillen to escort her girlfriend and wear a tuxedo. Schools Superintendent Teresa McNeece and school board Chairman Eddie Hood testified that they had discussed not sponsoring the prom even before McMillen challenged a rule that prohibits same-sex dates. They said they had concerns about liability problems, including possible use of alcohol and drugs at a school-sponsored event.
But they also said they decided to call off the April 2 prom at Itawamba Agricultural High School because McMillen’s challenge to the rules had caused disruptions.
“We were being hounded every day. Our students were being hounded,” McNeece said. “We were having a tough time of any bell-to-bell instruction.”
On cross-examination, school officials did not give specific examples of classroom disruptions.
McMillen first approached school officials about bringing her girlfriend in December, and again shortly before a Feb. 5 memo about prom rules was circulated to students. Same-sex prom dates had been banned in the past, but she had hoped school officials would grant her request.


She was told two girls could not attend the prom together and she would not be allowed to wear a tuxedo. The ACLU issued a letter earlier this month demanding that she be allowed to bring her girlfriend and wear what she wanted.
District officials responded by canceling the event, saying they felt it was the best decision “after taking into consideration the education, safety and well being of our students.”
ACLU attorney Kristy Bennett said in court Monday that the district violated McMillen’s First Amendment rights and that it was the decision to cancel the prom – not McMillen’s request to bring her girlfriend – that caused the disruptions school officials described.

Any disruption came after the actual cancellation of the prom,” Bennett said.
In closing arguments, Bennett said the district “shouldn’t be able to censor Ms. McMillen’s speech simply by canceling the prom.”
Ben Griffith, an attorney representing the school district, said holding or attending a prom is not a constitutional right.


District officials “took a step they considered to be necessary,” he said.
McMillen testified the district’s decision led to hostility toward her on campus. She said she left school early the day after the district’s decision and didn’t go at all the next day.
There were so many dirty looks,” McMillen said. “A lot of people didn’t like me very much.”

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.
Principal Trae Wiygul said he had been “bombarded” with e-mails, most from people criticizing the district’s decision.
“I’ve been called every name known to man,” Wiygul said. “I’ve been called a bigot and homophobic.”
U.S. District Judge Glen H. Davidson, who is hearing the case, did not say when he would rule, but said he wants to do it quickly because “time is of the essence.”
Parents are now organizing a prom. School officials said it is open to the public, but McMillen said she had not been told about it.
The ACLU and gay rights groups have raised private funds for a May 8 prom in Tupelo that’s open to everyone but geared toward gay students. Bennett said planning for the “second-chance” prom was underway before McMillen’s case began, but “the outpouring for Constance enables this to be a much bigger event.”




Like beer and drugs never happen before sad excuse school. this is 21 ceuntery we also had problem with beer and drugs with prom or without prom for awhile now. this is not new.


"Principal Trae Wiygul said he had been “bombarded” with e-mails, most from people criticizing the district’s decision."

Well Principal what do you excpet from people around the contury seeing you be districmatinon you derseve all of it.
 

AnnaG

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Some people are still in the Dark Ages. They haven't progressed past the Inquisitions.
 

critter171

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Feb 24, 2010
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Some people are still in the Dark Ages. They haven't progressed past the Inquisitions.

This judge better rule in the girl favor or i am going to be very pisst. you can see the school seem to be falling very bad trying to save there butt from the Constitution
 

SirJosephPorter

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This judge better rule in the girl favor or i am going to be very pisst. you can see the school seem to be falling very bad trying to save there butt from the Constitution

But what is meant by ruling in girl's favor? What is she asking as recompense? What exactly does 'sponsor the prom' mean? The judge cannot ask the school to hold the prom, that hardly seems fair.

Considering that we are talking of rural Mississippi, chances are very good that the school trustees are indeed homophobic. But it hardly seems fair to force the school to hold a prom. Is the court then going to pay for it?
 

critter171

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Feb 24, 2010
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But what is meant by ruling in girl's favor? What is she asking as recompense? What exactly does 'sponsor the prom' mean? The judge cannot ask the school to hold the prom, that hardly seems fair.

Considering that we are talking of rural Mississippi, chances are very good that the school trustees are indeed homophobic. But it hardly seems fair to force the school to hold a prom. Is the court then going to pay for it?

life not fair, and that not the reason there fighting there trying to change the rule and polciy why do you think two people are doing proms on the bottom? its likey they know it won't be reinstalled read the atricle please and stop jumping to coluisons god.
 

JLM

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People should learn to mind their own business- of course she made the mistake of asking.
 

critter171

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People should learn to mind their own business- of course she made the mistake of asking.

Really how? some school require to report who you taking. there a polciy banning gays for attending

third even if she went. if they students or i should adults felt "uncomfortable" she would of been thrown out.

why don't you read the full story? before putting you full opinion into it?
 

SirJosephPorter

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I think the judge has ruled against the lesbian couple. It doesn’t surprise me; I had reservations about this lawsuit, as I made clear in my last post.

It is hardly fair to force a school to hold a prom. Then is the court also going to tell the school how much they should spend, what kind of decorations they must have, what kind of music etc.? If school wanted to be nasty about it, they could hold the prom without any music at all (or make the kids dance to Wagner, Tchaikovsky or some obscure Chamber Music). Then is the court going to tell them they must have pop music, rock music, whatever?

I can understand a lawsuit alleging employment discrimination, sexual harassment etc. But a lawsuit for canceling the prom was pointless, in my opinion. By canceling the prom, I think school stayed within the letter of the law, if not the spirit of it. Nobody was discriminated against when school canceled the prom.

Let us face it, Mississippi is in the very heart of redneck country, the very heart of Bible Belt. It will be a long time before gays will be treated as human beings in Mississippi (I am not sure even blacks are treated as human beings there).
 

EagleSmack

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Cancelling the prom just focuses a lot of resentment on the girl. Nice gang-making technique.

BINGO.

Right on the money with that one.

The Mississippi school just flipped it right back at the girl and now she has to deal unjustly with being the one that forced the school to cancel the prom. Even if she had 80% (my imaginary number) of the student body in support of her, having 20% of a student body giving her a hard time, even by simply ignoring her, will be rough on her.
 

EagleSmack

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So much for the courts being impartial. Big surprise there.

Well they did rule that she had every right to attend but the courts ruled that the Mississippi HS in question has every right to cancel the prom. The judge did say he did not like the school's decision but it is not unlawful for a school to cancel an event.
 

AnnaG

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Well they did rule that she had every right to attend but the courts ruled that the Mississippi HS in question has every right to cancel the prom. The judge did say he did not like the school's decision but it is not unlawful for a school to cancel an event.
Aaaah. ok Yeah, our school boards get pretty screwed up in their decisions sometimes, too.
 

critter171

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Feb 24, 2010
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"BERDEEN, Miss. — A federal judge ruled Tuesday that the Itawamba County, Miss., school board violated the rights of a lesbian student by canceling the prom when the student challenged a ban on same-sex dates, but the judge stopped short of ordering the district to reinstate the April 2 prom. U.S. District Court Judge Glen Davidson said he denied the injunction request because a private prom parents are planning will serve the same purpose as the school prom and because "requiring defendants to step back into a sponsorship role at this late date would only confuse and confound the community on the issue."


Its still a win for her, the only problem i have is the only reason he seem to not want to reinstate it is the fact the private prom is going to be held. that makes no sense to me.


so both of them lost in a way and both won in a way.

Yea pretty much doing the same thing banning the girl and same sex couple. you a very bright judge.



I am not surprise by ruling but i also think any student who paid for this prom deserves there money back.


Judge rules against lesbian teen in prom case - USATODAY.com

McMillen said she was saddened that the judge did not reinstate the school-sponsored prom, but she understood his reasoning since the private prom is scheduled for the same day in Tupelo.
"It would be hard for him to move it," she said. "A lot of people would be inconvenienced."
Davidson ruled the school board violated McMillen's rights. "The Court finds this expression and communication of her viewpoint is the type of speech that falls squarely within the purview of the First Amendment," Davidson wrote in his opinion.



Parents of students at the Fulton, Miss., high school are organizing the private prom, and school officials testified all junior and senior students would be allowed to attend. It wasn't clear from the testimony whether gay couples would be welcome.
Another prom is being organized by the Mississippi Safe Schools Coalition, an advocacy group for gay and lesbian students.
McMillen said she is considering attending the private prom, once she knows a little more about it. "If I feel like I will be welcome to go, I want to go," she said.


I am pleased to a point
 

SirJosephPorter

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Well they did rule that she had every right to attend but the courts ruled that the Mississippi HS in question has every right to cancel the prom. The judge did say he did not like the school's decision but it is not unlawful for a school to cancel an event.

That is exactly how I feel. The school board stayed within the letter of the law by canceling the prom, but not within the spirit of it.

However, courts can only look at if the law has been violated, and it wasn't in this case. Courts was not the proper remedy in this case, Perhaps there was no remedy, it was just one of the many injustices that routinely go on in Bible Belt states.
 

critter171

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Feb 24, 2010
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That is exactly how I feel. The school board stayed within the letter of the law by canceling the prom, but not within the spirit of it.

However, courts can only look at if the law has been violated, and it wasn't in this case. Courts was not the proper remedy in this case, Perhaps there was no remedy, it was just one of the many injustices that routinely go on in Bible Belt states.


A federal judge ruled Tuesday that the Itawamba County, Miss., school board violated the rights of a lesbian student by canceling the prom when the student challenged a ban on same-sex dates, but the judge stopped short of ordering the district to reinstate the April 2 prom.

are you blind or what?
 

SirJosephPorter

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A federal judge ruled Tuesday that the Itawamba County, Miss., school board violated the rights of a lesbian student by canceling the prom when the student challenged a ban on same-sex dates, but the judge stopped short of ordering the district to reinstate the April 2 prom.

are you blind or what?

What is your problem, critter? That is in effect what I am saying. The school board did not violate the letter of the law. That is why hte judge did not order the prom reinstated, I think judge was right. But they did violate the spirit of the law, hence the judges ruling that the board did violate the rights. No doubt that is what the board intended.

However, there was no discrimination here, both lesbians and heterosexuals were equally penalized.

But courts cannot rule on somebody's intentions, they can only see if the law has been violated. It was not in this instance, there was no preferential treatment accorded to heterosexuals, as compared to homosexuals.