The American Civil Liberties Union ( ACLU ) filed a lawsuit March 11 against Mississippi's Itawamba County School District, which canceled an April 2 prom at Itawamba Agricultural High School in Fulton, Miss., instead of allowing senior Constance McMillen to attend with her girlfriend and wear a tuxedo, according to a press release.
The ACLU is claiming that district officials are violating McMillen's First Amendment right to freedom of expression and wants the court to reinstate the prom for everyone at the school. The union also would like the court to allow McMillen to bring her girlfriend and wear the tux.
"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, 18. "This isn't just about me and my rights anymorenow I'm fighting for the right of all the students at my school to have our prom."
"Itawamba school officials are trying to turn Constance into the villain who called the whole thing off, and that just isn't what happened. She's fighting for everyone to be able to enjoy the prom," said Kristy Bennett, legal director of the ACLU of Mississippi. "The government, and that includes public schools, can't censor someone's free expression just because some other person might not like it."
Some residents have hung signs outside the school that read "What happened to the Bible Belt?" and "Why would we condone this?," according to WAPT.com . These protesters believe that the prom should remain the way it is. "When we send our kids to school, we want them to attend a function such as this that's moral and stuff," said Eric Reyna. ( The event has certain regulationsincluding that each person's date must be someone of the opposite sex. )
McMillen returned to school last Thursday, March 11, although she did not want to. However, according to a Tonic.com item, she told a reporter, "My daddy [ Michael ] told me that I needed to show them that I'm still proud of who I am. The fact that this will help people later on, that's what's helping me to go on."
Frank Walker of Chicago's Youth Pride Center e-mailed Windy City Times, "Many people ask why LGBT agencies have proms for their youth. This story justifies why we always have to provide separate events specifically for LGBT youth. If this were to happen at a school here in Chicago, all the LGBT students would still have a prom to attend!"
Shannon Sullivan of the Illinois Safe Schools Alliance stated to WCT that " [ t ] he school has chosen to deprive students of a school-sponsored activity rather than change their policies to treat all students equally and equitably. By canceling the prom, they are basically admitting their policies are illegal; they are now aware of it, and they still don't want to change them.
"In the '90s, East High School in Salt Lake City canceled all non-curricular clubs so that they would not be forced to allow a Gay-Straight Alliance ( GSA ) to form. What the school and families quickly realized is that punishing all students in order to deny the rights of a few is the wrong decision."
The buzz about McMillen and the prom situation has grownso much so that out comedian/actress Wanda Sykes had the teenager on her show March 13, according to Advocate.com . During the talk, Sykes invited McMillen to Los Angeles next month so the student can attend the Gay and Lesbian Alliance Against Defamation ( GLAAD ) Awards, where Sykes will receive an honor.
Additional information, including a copy of the legal complaint, is available at www.aclu.org/lgbt-rights/fulton-ms-prom-discrimination. There is also a Facebook group for people who want to support McMillen, "Let Constance Take Her Girlfriend to Prom," at www.facebook.com/pages/Let-Constance-Take-Her-Girlfriend-to-Prom/357686784817. ( McMillen has more than 265,000 fans. ) In addition, those who would like to voice their opinions directly can do so by e-mailing Itawamba County School District Superintendent Teresa McNeece at tmcneece@itawamba.k12.ms.us.