Mar 24, 2010
Constance McMillen Wins Court Battle Against Bigoted Itawamba School District…Sort Of
U.S. District Judge Glen H. Davidson ruled that the Itawamba school district district violated Constance McMillen’s constitutional rights by not letting her bring her girlfriend to the prom. The judge would not force the school district to have the prom though because parents were putting together a private prom and he thought it would confuse the bigoted little children. Davidson did think it would be nice if the parents sponsoring the private prom invite Constance…these were the same parents that hung the banner on the school stating that “What happened to the Bible Belt?” and “Why would we condone this?”.
Judge Davidson did leave the door open for Constance to come back and sue the homophobic school district for damages.
Mississippi school district violated a lesbian student’s rights by banning her from bringing her girlfriend to the prom, a federal judge ruled Tuesday, but he stopped short of forcing the district to hold the event.
U.S. District Judge Glen H. Davidson denied an American Civil Liberties Union request for a preliminary injunction that would have forced the Itawamba County school district to sponsor the April 2 prom and allow Constance McMillen to escort her girlfriend and wear a tuxedo.
Davidson did say he will hold a trial on the issue later, but he did not set a date and any ruling would likely come too late to force the district to hold the prom when it was originally scheduled.
Davidson’s order says the district violated McMillen’s constitutional rights by denying her request to bring her girlfriend and wear a tuxedo, and ACLU Mississippi legal director Kristy Bennett called that a victory.
She said Davidson’s order allows McMillen to amend her petition within 30 days, meaning she could sue for damages because she couldn’t get the prom reinstated.
Davidson said he denied the injunction request because a private prom parents are planning will serve the same purpose as the school prom. He wrote in his ruling that “requiring defendants to step back into a sponsorship role at this late date would only confuse and confound the community on the issue.”
School officials said in court they decided to call off the prom at Itawamba Agricultural High School because McMillen’s challenge to the rules had caused disruptions.
Ben Griffith, the school district’s attorney, said his clients were pleased with Davidson’s ruling.
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 the prom 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.
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.
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.
Her case has become a cause celebre since the school district canceled the prom March 10.
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.
The teen has said repeatedly that gay students should have the same rights as the their straight counterparts, and while she has been praised on the national scene, her words mean little to some in Fulton.
McMillen said she encountered “hostility” from students who blamed her for the prom’s cancellation.
Days after the district announced it would not host the prom, local townsfolk posted signs on the high school reading “What happened to the Bible Belt?” and “Why would we condone this?”
Contact your members of Congress and demand that they pass H.R. 4530: Student Nondiscrimination Act of 2010.
Do not tolerate discrimination in your school. Gay and Lesbian students get yourself a lawyer and sue your school district.
Please sign the petition inspired by Constance’s story, “America Accepts Diversity.”
http://www.petitiononline.com/amacdi/petition.html