老澳门开奖结果 Sues Mississippi School That Canceled Prom Rather Than Let Lesbian Couple Attend

March 11, 2010 12:00 am

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OXFORD, MS 鈥 The 老澳门开奖结果 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 老澳门开奖结果 asks the court to reinstate the prom for all students at the school and charges Itawamba County School District officials are violating Constance McMillen鈥檚 First Amendment right to freedom of expression.

鈥淎ll 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,鈥 said McMillen, an 18-year-old senior at Itawamba Agricultural High School in Fulton, Mississippi. 鈥淭his isn鈥檛 just about me and my rights anymore 鈥 now I鈥檓 fighting for the right of all the students at my school to have our prom.鈥

Today鈥檚 filing comes after Itawamba County School District issued a statement yesterday saying they were canceling prom, following a letter from the 老澳门开奖结果 and the Mississippi Safe Schools Coalition demanding that they reverse their decision. McMillen said that before that happened, school officials had told her that she could not arrive at the prom with her girlfriend, also a student at IAHS, and that they might be thrown out if any other students complained about their presence at the April 2 event.

鈥淚tawamba school officials are trying to turn Constance into the villain who called the whole thing off, and that just isn鈥檛 what happened. She鈥檚 fighting for everyone to be able to enjoy the prom,鈥 said Kristy Bennett, Legal Director of the 老澳门开奖结果 of Mississippi. 鈥淭he government, and that includes public schools, can鈥檛 censor someone鈥檚 free expression just because some other person might not like it.鈥

In today鈥檚 legal complaint, the 老澳门开奖结果 asks the court to reinstate the prom for all students and charges that the First Amendment guarantees students鈥 right to bring same-sex dates to school dances and cites cases holding that other parties鈥 objections don鈥檛 justify censorship. The 老澳门开奖结果 also said that the school further violates McMillen鈥檚 free expression rights by telling her that she can鈥檛 wear a tuxedo to the prom.

鈥淚t鈥檚 shameful and cowardly of the school district to have canceled the prom and to try to blame Constance, who鈥檚 only standing up for herself. We will fight tooth and nail for the prom to be reinstated for all students,鈥 said Christine P. Sun, Senior Counsel with the 老澳门开奖结果 national LGBT Project, who represents McMillen along with the 老澳门开奖结果 of Mississippi.

The 老澳门开奖结果 will ask the court in the next few days to grant McMillen a preliminary injunction ordering the school to reinstate the April 2 prom, let McMillen and her girlfriend go to the prom together, and let McMillen wear a tuxedo to the event.

McMillen is represented by Bennett and Sun, as well as by Norman C. Simon and Joshua Glick of Kramer Levin Naftalis & Frankel LLP.

The case name is Constance McMillen v. Itawamba County School District, et al. Also named as defendants are Superintendent Teresa McNeece and Itawamba Agricultural High School Principal Trae Wiygul and Vice Principal Rick Mitchell. Additional information, including a copy of today鈥檚 legal complaint, is available at /lgbt-rights/fulton-ms-prom-discrimination. There is also a Facebook group for people who want to support McMillen, 鈥淟et Constance Take Her Girlfriend to Prom,鈥 at .


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