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All Constance McMillen wants is a night to remember. Photo courtesy of Constance McMillen.
Constance McMillen, like a lot of 18-year-old high school girls, is excited about going to the prom.
There's only one problem. She wants to take her girlfriend. And Itawamba Agricultural High School in Fulton, Miss., (a town of about 3,900 residents in the northeast corner of the state), has a policy against same-sex prom dates.
Enter the American Civil Liberties Union.
Leaders of the ACLU's Mississippi chapter and the Mississippi Safe Schools Coalition demanded March 9 that Itawamba County School District officials let McMillen take her girlfriend to the dance.
In an ACLU press release, McMillen says she approached school officials shortly before a memo about prom was circulated at school Feb. 5, stating that same-sex dates would not be allowed.
McMillen reports meeting with the assistant principal and, later, the superintendent, who told her she and her girlfriend [a fellow student at Itawamba] would not be allowed to arrive together and that she would not be allowed to wear a tux.
No matter how they arrive to the dance, McMillen adds, she was told the pair would be thrown out if their presence made any other students "uncomfortable."
"Prom is supposed to be about all students being able to express themselves, have fun and make memories that will last the rest of their lives," says Kristy Bennett, legal director of the ACLU of Mississippi, in the release.
"Constance has a constitutional right to take the person she's dating to the prom, just like any other student at any other public school," she adds.
A letter from the ACLU to Itawamba County School District officials cites federal court cases guaranteeing students' First Amendment right to bring same-sex dates to school dances.
The letter also argues that treating gay and lesbian students differently from other students violates the Constitution's equal protection guarantees.
Aside from barring McMillen and her girlfriend from the prom, ACLU officials argue their school also violated McMillen's free expression rights by telling her that she can't wear a tux.
"We hope that informing the school about its legal obligations towards its students will make it think twice about treating Constance and her girlfriend any differently than it does any other student couple who wants to go to the prom," says Christine P. Sun, senior counsel with the ACLU national Lesbian Gay Bisexual Transgender Project, in the press release.
"Schools that discriminate against lesbian, gay, and bisexual students who want to bring same-sex dates to school dances need to know that by doing so they're violating established federal law, and we will call them on it," she adds.
The ACLU and the Mississippi Safe Schools Coalition have given the school district a deadline this week to respond to the letter.
Related: Lesbian Teen Banned From Yearbook
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ReaderComments (Page 2 of 2)
3-16-2010 @ 9:24AM
Girlslashwoman said...I find this entire argument hilarious.
The only thing you homophones are citing are the Bible when in fact you live in sin as defined by the Bible. All of you... Ben, Wonderer, Glorious... you're hilarious at how selective you are about the Bible.
Don't believe me?
Are you wearing mixed fibers? Better check the tag of your housecoat. If it's a 20/80 Polyester/Cotton mix, you are...
LIVING IN SIN
Gentlemen, ever gotten a hair cut. Ladies, ever shaved you legs? I hope not because if you ever and at any point have, you are...
LIVING IN SIN
Have you ever wiped down the kitchen counter quickly before Church or ran in on a Sunday to finish a few last things at work? Well, I hope all that extra money you're making us helping you live the life because you are...
LIVING IN SIN
Ever used God's name in vain (don't fool yourselves, using His name for these purposes is exactly what He means by using it in vain so really, you are all
LIVING IN SIN
Funny how you'll bring up such a little matter in the Bible and claim that everything in the Bible should be followed literally, yet you ignore the following; the most important tasks He has issued to you...
Honour your parents (by putting them in a nursing home and visiting them whenever you're "free")
Do not covet your neighbour's house (just his lawnmower and his car and everyone else's house)
Do not make graven images (except for taking photos and making paintings and printing pictures... yes, they do count)
Need I go on?
My point is, dear faithful Christians of the world, that if you are correct (which is highly unlikely in the first place) and then homosexuals will burn in hell... well, you better get ready to make friends because it looks like you'll be burning right alongside them.
Reply
3-14-2010 @ 4:21PM
kd5odx said...I spent 3 years in Vietnam and I am here to tell some of you homophobes and bible thumpers that I fought for the right of EVERYONE to live their lives the way THEY wanted to and NOT the way I wanted them to and.....you are missing the point here and much like as always it is YOU and those like you that is the problem! This girl never ever once wanted everyone to dress like her or to bring someone of the same sex, she simply wanted to bring someone that SHE liked and enjoyed being with so WHY does that matter to anyone else. You people are always too worried about what your neighbor looks like or how your neighbor acts or who your neighbor loves when in fact None of that is any of your business as long as your neighbor does not hurt YOU.
The school is just as guilty as you people are because they are either letting your kind dictate what to do or they are also a bunch of hipocrytes. When I went to my prom years and years ago I was mesmerized by the girl that I took as my date and although I did look at other couples, I could not have cared less what they wore or who they were with because that night belonged to myself and my girlfriend.
For those of you that think a crossdresser is a deviant then you need to get a grip because women have been wearing pants for many many years and me were wearing dresses back during the ages of kings and queens (no pun intended). If all of the bible thumpers (and don't get me wrong as there are many religious people that don't try to press their beliefs on others) would quit worrying how and why others live their lives, this would be a much better world and probably we would have less wars.
Just look at the world now and all of the killing in the name of various religions!!!! I respect evyeryones right to believe in whatever they want to believe in and I hage to clue everyone in but RELIGION is a BELIEF system and nothing more. There are hundreds upon hundreds of religions and even our oh-so-wonderful governmnet classifys all religions as cults. (don't believe it....look it up) but that is not the issue here. The issue here is leave not only this girl alone and let her live her life HER way because after all it IS her life.....but also quit trying to dictate how others live their lives! As long as someone does not physically hurt another human - WHY in the world would you even care how someone dresses or acts or lives their life??????
When I see comments like this from homophobes and bible thumpers, the song "harper valley PTA comes to mind.....smile
Reply
4-13-2010 @ 1:56PM
Tara said...I just wanted to say thank you for both your service to all of us & for your love.
from - a middle class, white, heterosexual, politics free, religiously unassigned, mother who has no agenda other than the health and well being of of her children and the world we leave them.
3-14-2010 @ 7:16PM
Wonderer said...Girlslashwoman, I'm not sure why you feel it necessary to call people hateful names, but you mistakenly said I referenced the Bible when I did not. Deviate or Deviant simply refers to a behavior which is not the norm, not "normal" by design or custom.
We who are "different by birth" such as handicapped or of a certain race, really dislike being equated to people who are deviant by CHOICE. Pedophiles may have a desire for a certain type of partner, serial killers may have a compulsion to kill, we all have desires, but there is the option of CHOICE to act or not act on those compulsions and actions, whereas with our birth "defects" (I hate that term) or race, there is no choice.
kd5odx and you others, I really don't understand why you are calling people who care names and hating so much.
Reply
3-15-2010 @ 1:43AM
kd5odx said...Wonderer, I only call those people names that deserve it and I detest those that seem like they have to force their beliefs on others just because they are different. I have found in my life those that try to force their lifestyle on others because they feel that others lifestyles are immoral (according to them) or because they don't believe in the same religion as them are usually hypocrytes. I don't hate anyone but I also don't give any respect whatsoever to those types of people.
We are all different. I learned at an early age from a girl I once dated just how to treat others with respect but only those that deserved the respect in the first place. That girl I dated was completely blind and yet she had more insight at 18 than most I meet on a daily basis.
I have absolutely nothing against anyones religion and I would fight again to allow them to keep their belief but I will always speak up against those bible thumpers that feel they have to force their beliefs down others throats.
When it comes to those that believe gays are that way because they want to, I have absolutely NO respect for simply because they are usually homophobes and because they are ignorant. What person in their right mind would CHOOSE that type of lifestyle even in this day and age. I have studied both religion and now have my own opinions about all religion which I might add you did not see me talk about here as it is not important to others and I have studied both homosexuality and transgenderism for a doctorate many years ago and it is my absolute belief (along with many other learned scholars) that neither is a choice.
You can say whatever you like about my comments as that is your right and your opinion but I am willing to bet that I have more experience in this matter than most. I wish you well
3-16-2010 @ 9:41AM
Girlslashwoman said...Did I call you any hateful names? Can you reference that for me please? Honestly, the only thing hateful I see going on here is what you are saying. Please stop trying to be passive aggressive in order to strengthen your argument, it doesn't work too well and if anything, does the opposite for you. As for the Bible, I collectively referred to all of you in opposition to this girl where a few did speak about the Bible.
And yes, you're right, to deviate is to stray from the normal path, however, "deviant" also has a rather different meaning and the context of your statement is clearly implying a negative connotation.
Here is where you are wrong, being gay is not a "choice". Just look into the studies of Simon LeVay or Ivanka Savic. Homosexuality is an inherent part of being for these people. It is not a choice.
You are a little confused as to what homosexuality actually is. You seem to be comparing it to a handicap or a different ethnicity or a tendency to murder? I'd like to try to counter that point if it were comprehensible but I honestly don't know where you're going with that one. As a person from a minority race, I am accepting of gay people. I'd further that but like I said, I still don't know what you're trying to say.
This is what I would like to say though. It's none of your business. No one is asking you to be gay. No one is turning you gay. It has nothing to do with you. Being gay is natural. By pretending it isn't, you're kind of joining the flat earth society. It's time for you to accept it. The world will soon embrace homosexuality and if you don't join in, you'll end up one of those bitter old kooks with outdated opinions and now we can't have that, can we? :)