ACLU
UPDATE: See Video at end of Post
March 11, 2010FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; [email protected]OXFORD, MS – 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.”
How about let’s just alter this scene just a little bit. How about if the girl didn’t say she was a lesbian and 2 girls just showed up at the door to go to prom, like unromantic friends. Would they be denied admission? What is wrong with schools?
There was a suggestion made that a private group should sponsor a private prom for ”people like this.’ Now just what is that supposed to mean? I read in the paper that Bull Run Unitarian Universalist Church did sponsor a special prom for gay and lesbian students last spring. Good for them. That church is a real standard bearer for helping those who are under-represented. I hope they will do that every year, despite the fact that local bloggers (many who claim to be good Christians) had a field day and made extremely disparaging remarks about the church and the kids. It’s easy to point fingers. Its harder to step up to the plate and provide for those amongst us who might not have an advocate.
Most of the time I think the ACLU is a pain in the ass. I think we are supposed to think that. However, this is one time I am glad they are out there, defending those who might not otherwise have a line of defense. Schools need realize that gay and lesbian students are not all closeted like they were a generation ago, not should they be.
If the school wants to ensure that people’s sensibilities are not offended, it needs to address the behavior of everyone coming to the dance. It needs to set standards of conduct and stick to its guns. It should demand the same lines of decency from the heterosexual students as it is obviously going to do with the homosexual students. They can all do their dirty dancing after the prom.
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This girl also returned to school to face her classmates many of whom blamed the prom cancellation on her.
I have to applaud a local high school for not making a big stinkin’ deal out of a similar issue. Back in 1991, Osbourn High School (Manassas City) had a lesbian couple attend prom. A national fashion magazine covered the event from the viewpoint of the couple. I’m not saying that not a single student said something prejudiced prior to the event, but for the most part, students and faculty were just fine. The prom was pretty standard…
Hats off to OHS for handling the situation in a mature way, years before its time.
The track record for schools winning situations like this nowadays is pretty poor.
As El Guapo points out, the heat is really on this girl now because prom is cancelled. She might as well pack up and move out of town. I would be curious to learn how her fellow students are treating her.
It’s a disgrace that any school in this country would even consider canceling a prom because a lesbian or gay couple is planning to attend. Do actually do it makes the school’s perspective unfathomable. So much for school being a place where bullying and intolerance are not condoned.
Thanks, ACLU…..hmmm.. I wonder who’s going to wind up paying that legal bill for the school. Typical left-wing organization….sue, sue, sue!!!
I sometimes wonder about school administrations. Think about it–these people generally have advanced degrees of masters or Phd but don’t seem to be advanced in common sense. I guess they thought that if they just cancelled it, it would be better than telling the couple they couldn’t come.
How many times do we hear of school administrations taking some rather peculiar stands? How about the prom a year or so ago in the south that was cancelled because they didn’t want it interracial. So Morgan Freeman stepped in and paid for one privately.
Forrest Gump had more common sense.
Slowpoke, quit trying to squelch dialogue by affixing dirty little names to things. If you oppose the ACLU, then how about proposing a way to right this situation without them.
Many school administrators are just buffetted in the wind bwtween students, school boards parents and those over them who don’t want complaints from any body. Those who stand up for what is right are often removed. I know of a relative who was removed for objecting to one of the school board members buying one of the students a blue convertible. Nuff said? It was NOT in Prince William County and it wasn’t recent…but it still happened.
I remember that incident regarding cancelling prom over interracial attendance. Was it just that black couples would be in attendance?
This case is being discussed on Fox News now. It is being spun in a different way. This doesn’t surprise me. Martha doesn’t understand the ACLU point of view. I guess she didn’t read the press release. She doesn’t understand why they are suing to bring back the prom. I guess she missed that AND in there.
The bottom line is now there are 2 sets of victims. The teenage girl and now everyone else at that high school
What an incredibly dumb decision this was. What comes out of all this in my own mind, after I get past the initial ‘how stupid can they get’ point is the girl’f father.
Fox news did do a brief interview with Constance McMillen who told us that her father taught her to stand up for who she was. Impressive that her dad supports her. So many parents don’t. This Fulton County, Mississippi town has a little over 4,000 people living in it. being in a small town makes being ‘different,’ regardless of why, that much harder.
@Moon-howler
I don’t remember exactly but part of my pea brain tells me that it may have been about interracial dating, which is really kind of 19th century as well.
I was hoping this thread would come up when the story really had traction yesterday. 🙂
This one is going to be interesting. The ACLU is looking to overturn Morse v. Frederick where free speech of students were limited again by the high court. The School Board’s press release seems to take the safest approach of – this has become a distraction to the education of the children. The ACLU will argue that her free speech rights to wear what she wants to wear should be upheld (I don’t think the school really cares that she’s taking a girlfriend because how many of us went to proms with a ‘group’ of people rather than a date – it happens, my opinion is that they objected to her wearing male clothing).
It’ll be interesting to see how this plays out. I personally think it was a mistake to ask permission prior to the prom (better to ask forgiveness than permission) but this should make for an interesting civil rights discussion.
You got to hand it to the school board though. The – we don’t negotiate with terrorists – decision to close prom made this story juicy.
I can’t remember either Rez. I was just too tired to hunt it up. But it was something..we both know that!
Marin, I think you might be reading too much into this case. I think that the ACLU would rather not go to court with this. By the time it is heard, prom would be long since a forgotten memory…mainly because it didn’t happen. I think they are hoping the school will just cave. Of course, I might very well be wrong.
I also don’t think the case would be won on the tux. Half the people there will be in a tux. A real ballsy female should have just gone with her male date in a tux. Snicker. This is so incredibly stupid. A bo-hick school takes on the mighty ACLU. It makes you almost feel sorry for them because they are going to get so squashed. Of course, “They” thought that about David also…..it isn’t over yet.
This case just seems so ….20th century. Who knows though. You might be right. It might go to court and be THE test case. Stranger things have happened. A lot of this sort of thing seems to seep up from the deep south, doesn’t it? I think I just made a regionally biased statement.
Hasn’t there been actresses at past academy awards that wore tux outfits. For some reason Dianne Keaton might have been one. It wasn’t a statement of sexual orientation. I thought it was kind of shock fashion.
Don’t teenagers still do shock fashion also?
That was “for some reason, I thought …”
I don’t. The ACLU got beat back hard on Frederick and needs another test case to re-open Tinker (Tinker v. Des Moines Independant School District).
The case is simplistic and has a compelling social face to it; a midly attractive larger woman (she’s 18) who simply wants to take her companion to a school sponsered social event and wear an article of clothing that while untraditional is worn by at least 1/2 of the atendees. At least, that’s how I’d push it. The school district will argue that her weaing male clothing is a distraction to the educational activity of the school (in much the way hats, bandanna’s, trenchcoats, etc.) are. They won’t argue the sexual orientation angle as that’s a loser. The school will further argue that if they were to allow that then they’d have to allow boys wearing dresses or something more crude – like a condom costume.
Somehow I think the School Board will fold. They don’t have the money to take on the ACLU. But, man it’d be a great case to see unfold.
Indeed they do!
Yes, actresses (sorry Meryl Streep) do occassionally wear tuxes. I seem to remember Demi Moore in one.
Rez, we make a good pair today. We both remember part of something.
Marin, wearing a condom? I guess. My brother used to come up with pretty unusual Halloween costumes. I think they want to settle it out of court. This is sort of a barebones case that reeks of discrimination.
Curious, why do you think that sexual orientation angle is a loser?
The sexual orientation arguement from the schools angle is a loser. The school can’t discriminate based on that. But they can argue that her choice of clothing is disruptive to school and win on those grounds. The answer would be simple – she wear a dress or pant suit to negate the States arguement.
The school is able to provide reasonable regulation (again I point out if you can regulate a gun you can regulate a whole mess of things) to her clothing at a school function.
I noticed the Liberty Council gas offered to pay for the schools defense so this has blown up in much the way I thought it would. 😉
Now I never said I didn’t expect it to blow up.
I don’t ever use guns in an argument. That is probably the most challenged of the amendments….that and first.
Schools can regulate, and do regulate clothing and attire. However that is a very bad defense if half the folks are wearing a tux. Furthermore, there is nothing indecent about it.
I don’t know what their defense will be. I don’t think they have a defense. That is why they will cave in eventually.
I think they will go with community standards or that the girls might kiss or something stupid like that. Their case is far weaker because the kids in question are female. Females can get by with much more touching, ‘cross dressing’ and things like that then males can. Males can slap each others butts in football and that’s pretty much it. Females can do all sorts of things that males can’t.
Marin, why didn’t you just drive a stake through my heart? ARGGGHHHH another one of those groups. I had never heard of Liberty Counsel, or at least I don’t think I have ever heard of them. Is this Falwell’s organization? 🙄
Why can’t people just stick to their own families?
I think I may be to the left of that group. Maybe.
I want to see this case in court – I think it would be good for both sides of the debate.
Maybe we should collaborate before either of us posts. 🙂
Do you consider yourself a cultural warrior?
I hate seeing the money spent on it and the kids to do without a prom while this is duked out in court. Other than that, this is as good of a case to go to court as the next one.
What is your personal opinion? I think I have stated mine.
Rez, we probably should. I just remember bits and pieces of things. I hope this isn’t pre-senility.
What is your opinion of this situation? What should the school do at this point? Do you think they should have told her she couldn’t come to the dance in the first place?
Here is my one and only concern: When I see the interview I see a well behaved girl who is doing the right thing. However, what if she is one of these kids who wants to always prove a point and who the school knows will disrupt the dance? What if her real demeanor and her I’m on TV demeanor are different?
Not saying they are. I just always like to hold a little reserve out.
At any rate, even if she is a nasty little so and so, I don’t think she can be kept from the dance except for unrelated social or academic reasons.
Moon, quit trying to squelch dialogue by affixing dirty little names to things.
@Moon-howler
We’re you asking me or Rez if we’re cultural warriors? I doubt the question was related to me because all my posts have been neutral on the topic.
As for my personal view? I think she should be able to goto the dance/prom if she conforms to wearing something that doesn’t politicize the event. If she wears a dress or pant suit? Score. She can go. If she wants to wear something else – the school should stand strong.
In another thread we spoke about disciplinary problems at school and I remember one comment about ‘if you have it, flaunt it’. I disagree. Public schools have dress codes to maintain discipline and control of the student body – such controls do not violate 1A rights of the student body.
So, I think she should be able to go to prom and go with her girlfriend and that she should compromise by wearing approrpiate attire. Any activities during the party that would equally get a hetro couple kicked out should be applied.
But, I also hope that neither party compromises and this goes to court and 6 years later we find out how the Justices rule. 🙂
Didn’t expect I’d side with the girl, did you? 8)
yes Marin, I was asking you. Sorry not directed. You said you were to the left of Liberty Counsel..maybe. I had never felt you were coming in from a religious point of view like they are. re culture warrior
Actually I thought you were siding with the girl. Not sure why.
I don’t think I said
‘if you have it flaunt it. ‘ That would be very un-me and I feel 180 degrees the opposite. The only reason I would have said that would have been referring to that attitude,
I think anyone should be able to wear a tux. I don’t see that as disruptive. A cellophane dress, NO. Tux yes.
I expect that someone will sponsor a private prom for the kids. Hopefully it will be someone who includes this young woman.
Wolfie, you asked if I have an opinion about it. As I think you know, I don’t try to judge people especially about their activities unless it affects me or others negatively. My God did not grant me the authority to make a judgement.
What is this poor girl doing to others? Not a thing. By the way, she is a poor girl not because of herself but for what people have done to her.
It saddens me when people are not allowed to be true to themselves even if I don’t agree with their lifestyle for myself. What harm is she doing?
I agree with you Rez. 100%
I am most impressed that her father is standing by her side. That is important. So many parents have such a difficult time grappling any time their child doesn’t comform to the norm.
I expect going back to school will be miserable for her. People really should be allowed to be themselves unless they harm others.