Judge won't force Miss. district to hold prom

[Newsjock]

Source: Associated Press

A federal judge ruled Tuesday that a Mississippi school district violated a lesbian student's rights by refusing to allow her to bring her girlfriend to the prom, but he said he would not force the school to hold the event.

The American Civil Liberties Union sued in U.S. District Court to force the Itawamba County school district to sponsor the April 2 prom and allow Constance McMillen to escort her girlfriend and wear a tuxedo.

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.

U.S. District Judge Glen H. Davidson denied the ACLU's request for a preliminary injunction. He said he'll still hold a trial, but he did not set a date, meaning any ruling would likely come too late to have the prom when it was originally scheduled.

... But Davidson said a private prom parents are now 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."

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/03/22/national/a110402D66.DTL&tsp=1

[brooklynite]

1. Judge rules against lesbian teen in prom flap

Source: Albany Times-Union

ABERDEEN, Miss. -- A federal judge says he won't force a Mississippi school district to hold a prom canceled after a lesbian student asked to bring her girlfriend.

The American Civil Liberties Union sued 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.

U.S. District Judge Glen H. Davidson denied a motion for a preliminary injunction, but said he'll still hold a trial. But he didn't set a date, and it could be too late to hold the April 2 prom at Itawamba Agricultural High School. Officials said in court they canceled it because McMillen's challenge to the rules had caused disruptions.

McMillen first approached school officials about bringing her girlfriend in December, and again in February. They said no.

Read more: http://www.timesunion.com/AspStories/story.asp?storyID=914110

---

Sadly, I have to say that, as ignorant and bigoted as the School Policy is, I don't think its a subject for legal action. The right to an "official" party, as culturally important as it is in America, does not rise to the level of a Civil Right.

[sandnsea]

2. It's as important as any other school function

She most certainly has a civil right to go if the school has the prom, but I don't think there's anything that says the school has to have the prom. Maybe there's some past precedence??

[Lerkfish]

3. by the same token, then if they can't be forced to have a prom, neither can they

prohibit a gay teen.


can't be both ways.

[paulsby]

4. exactly

that's the point

[haikugal]

5. I disagree

with this statment...

The right to an "official" party, as culturally important as it is in America, does not rise to the level of a Civil Right.

Why is this child not allowed to attend this function? Because she's gay. How does that NOT become a Civil Rights issue?

[Xithras]

11. The school isn't blocking her from attending the prom.

They canceled the entire prom outright. For everyone.

If they were having the prom and trying to exclude her, it would certainly be a civil rights issue. The problem is this...can a judge order a school to hold a prom when they have already cancelled it for the entire student body? Even if you could prove that they cancelled it specifically because of her (seems obvious, but the burden of proof in court would be high), I don't know that a court order commanding a school to hold an optional, extracurricular event would survive the appeals process.

If anything, precedent leans the other way. When facing civil rights issues, the courts have traditionally given schools two choices. 1. Include everyone. 2. End the activity. This school chose to end the activity rather than integrate. It sucks, but that was one of their legal options.

[brooklynite]

14. Agreed

[Mithreal]

18. Every rationalization for doing what is wrong.

[Xithras]

25. It IS absolutely wrong for the school to do this.

I'm not defending the school, and as a guy who helps to put the B in LGBT, this hits close to home for me. Still, from a legal standpoint, there isn't much that can be done. The school ended the discrimination. They did so in a way that sucks for everyone, but they complied with the mandate of the law. There isn't much else we can do, legally.

[struggle4progress]

29. Echoes of Segregation in Mississippi School’s Prom Cancellation

... In their statement announcing the cancellation of the prom, school district officials said they hoped that “private citizens will organize an event for the juniors and seniors,” a sentiment with clear echoes of Southern states’ efforts to avoid desegregation of public schools in the late 1950s.

When federal courts ordered public schools in four Virginia counties integrated in early 1958, Virginia governor James Almond ordered those schools to be closed — rather than have students attend on an integrated basis, he would provide no public education whatsoever.

As in the current Mississippi case, Almond foresaw individual initiative filling the gap, and so they did — private “segregation academies,” funded with state money and individual donations, were created to take in the white students whose schools had been closed. No similar provision was made for educating black students. The closed Virginia schools were re-opened by court order within a few months, though Virginia’s Prince Edward County later shut down its school system for five years rather than integrate ...

http://studentactivism.net/2010/03/11/echoes-of-segregation/

[haikugal]

44. Thank You

for clarifying the issue. Disgusting that they would do this to all the kids when the kids had no problem with her attending with her girlfriend...we need to get religion out of education and our government. All religion.

[No Elephants]

40. Being free from discrimination is a civil right. Doesn't matter if we are talking about a cupcake or

a diamond ring. The discrimination is the issue.

If the school had simply cancelled the prom for unrelated reasons--say, not enough money in the till--of course, there would be no civil right to a prom. But, there is always a civil right to be free from discrimination by government.

[bluestateguy]

6. I just don't see how you can force a school to have a prom

It is an extracurricular activity. It would be one thing to challenge the exclusionary policy about same sex dates, but if a school wants to cancel the prom completely, I don't see where there is a legal problem.

[Webster Green]

7. She wasn't suing to have a party.

She certainly has a right not to be singled out and discriminated against.

[BlueIris]

32. Yeah, really. Bigotry should be illegal in all cases.

Why is that so hard for DUers to understand?

[IndianaGreen]

8. The prom is not the issue, the issue is the school's demand that Constance bring a boy as her date

Forcing someone who to have as a date at a prom is as offensive as that other Southern school that held racially segregate proms for the student body.

[LeftHander]

9. Great example of conflict resolution...

Rather than come to an agreement and see the issue through with thoughtful deliberation.... The School has a tantrum, takes the ball goes home.

I don't like peas...so I am going to tip the entire table upside down and stomp on on all the food.

effing babies.

[demosincebirth]

10. I they did force them to have it, it would a one couple prom.

[No Elephants]

39. All that high school's seniors are that backward?

Better a one couple prom than a federal court holding that a public school can cancel an event because it prefers discrimination.

However, IIRC, there is some federalism issue about the federal government not being able to force a state to spend money. A

[CurtEastPoint]

12. Meanwhile, in GEORGIA, of all places, a guy gets to bring a guy and no problems.

This isn't even in Atlanta. He had to ask permission to bring him since he's not in that school and they said yes. NBD.

[ScottLand]

22. Cool! I live in Georgia and I almost never hear anything

good said about Georgia. Thanks!

[Mithreal]

13. What are we getting for our federal funding of public schools

if not an expectation that the students will not be discriminated against?

Folks will find any rationalization for discrimination. That is why it must be banned.

I am sure President Obama and Arne Duncan wouldn't do a damn thing to make a difference on this, wouldn't be prudent. After all they have teachers to fire and schools to fail. The agendas of billionaires trump the needs of a single student.

[dr_johnsons_dog]

15. Wow, they CANCELLED the prom????

That is such a totally bizarre and over the top reaction to one girl just wanting to bring a female date. What the hell is wrong with these people? Do they think that would bring the wrath of Gawd down on the school auditorium roof? I just don't understand what they are so afraid of.

[HiFructosePronSyrup]

16. Agreed.

I mean there would have been a valid suit if they had held the prom and just kept her from coming. But canceling it is just a way to get out of the lawsuit.

The school's within their rights to not have a prom.

[Mithreal]

17. -1 shocking

[HiFructosePronSyrup]

19. I think you see it that way too, you just don't want to admit it.

Tell me, in what way is the school required to hold a prom?

[Mithreal]

20. Frame it how you see fit.

[HiFructosePronSyrup]

21. You're dodging the question.

Why should a student be allowed to sue a school because they don't hold a prom?

[Mithreal]

23. You and I both know the question you chose is only a half-truth and incomplete.

What is a liberal or Progressive position and frame on this? What is a civil rights position on this?

For that matter, why is it that you chose a conservative frame, position and choose to defend it?

What are the values that we as Progressives choose to uphold and defend. DO they even matter on something like this or are we all supposed to be neutral and uncaring if there is no immediate selfish interest.

[Newest Reality]

24. Well ....

Let's say that the student should have had the right to attend the prom with her date. So, discrimination might be an issue there.

Let's also say that the school has every right to cancel their prom, as they see fit if there is no legal obligation to host one.

Now, let's inquire as to the reasons for canceling the event. What was the primary motive for doing so?

In my opinion, if the sole intent was to prevent a lesbian student from attending with her date, then that sounds worthy of investigation and suggests prejudice and even spite to me.

[billh58]

26. The title of this

thread is misleading. The judge did not "rule against" the teenager, he simply refused to force the school district to hold the prom.

Judge Davidson, in fact, ruled that the school district violated the teenager's civil rights by refusing to allow her to bring a date of her choice to the prom when it was originally scheduled. There will be a trial on the civil rights violation issue.

[jmowreader]

27. Do I have to do everything for these people?

I guess I could go to the record store, get a copy of Footloose, write out a note "do what these people did" and stick it in the case, and mail it to the student body president.

Apparently it's just tooooo much trouble to have the kids pool the money they were going to spend on prom tickets, rent the VFW hall or the National Guard armory, and hold their prom in there. Parents will be the chaperones, they'll get a DJ or a band, they'll fix the place up nice, it will be fun. And when Jesus doesn't suck Itawamba County straight into hell because one girl wore a tuxedo, the school will realize how stupid they were. The alternative already discussed here, where a casino owner in Louisiana offered to bus the students to his hotel for the prom, is NO alternative. Why would you want to go to prom in a different STATE?

OTOH, they could sue the school board for permission to hold their prom and the school board would retaliate by not allowing the students into the gym until five minutes before the prom was to start. With NO decorations, NO refreshments, NO place for prom pictures, the lights turned on full and the DJ set up on a card table it would be the worst prom in the history of the United States, and the school board would go out of their way to ensure it was. Naturally, every kid in school would blame Constance for fucking up the prom.

[Mithreal]

28. +1 well said

[catrose]

30. So how & where do we donate

to have an alternative prom for Constance's class? A hotel in NO offered a venue and a bus ride, I thought. We talked about chipping in for flowers and rooms, as did the American Humanist Association.

[demigoddess]

31. what is the school protecting the kids from?? seeing two girls dance together??

We used to see that lots of times back in the 50s. which is the golden era to the right wingers. Don't get the problem.

[Mithreal]

33. Imagine if they ever found out about the internet

[superconnected]

34. I can't imagine being against gays so much that they're willing to cancel the prom for everyone

but that's clearly the signal I get from this.

What an awful school.

[defendandprotect]

35. It's tradition . . . why let a system of ignorance and bigotry overcome that?

It is the system which harbors and abets this ignorance and bigotry which should

be changed and a lawsuit is the way to do it!

We seem to still have many instances of bullying and intimidation which suggest that

our schools are not safe havens for homosexual children -- and that they are often

second class citizens in their own schools!

This system of ignorance and bigotry being reflected within the public school also

increases the chances that homosexuals locally, within towns and states, will not

be accorded full rights and human respect.

[David__77]

36. It's not a private party, it's a school-sanctioned party for students.

They must defend their exclusionary criteria. This most certainly is important.

[yellowcanine]

37. Why didn't she just buy two prom tickets and "show up" with her date?

[TorchTheWitch]

38. she would have been refused entrance

That's why she tried to clear things with the school first... to make sure that after buying the tickets, the wardrobe, and everything else she wouldn't be made to not be able to attend at the last minute when it was too late to do anything about it.

[yellowcanine]

43. Not if she had showed up with a reporter and camera crew. Or come back with same after the refusal.

Sunshine is the best antidote for bigotry.

[EFerrari]

42. It's still a good thing that they brought the case.

Whether they win it or not is almost besides the point. Push back is very important, imho.

[depakid]

41. The ACLU gets this one wrong...

In the event that this district wants to have no prom at all- so be it.

As an analogy, if every Southern town wanted to close down all of their lunch counters, their bus services, their hotels, schools, libraries and park etc., rather than serve minorities there's really not any legal reason why they can't.