OXFORD, Miss.—The American Civil Liberties Union ( ACLU ) filed a lawsuit March 11 against a Mississippi high school that has canceled a prom rather than let a lesbian high school student attend the prom with her girlfriend and wear a tuxedo to the event, according to an organizational press release. 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, Miss. "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."
The filing came after Itawamba County School District issued a statement yesterday saying they were canceling the prom, following a letter from the ACLU 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.
In the legal complaint, the ACLU asks the court to reinstate the prom for all students and charges that the First Amendment guarantees students' right to bring same-sex dates to school dances and cites cases holding that other parties' objections don't justify censorship. The ACLU also said that the school further violates McMillen's free expression rights by telling her that she cannot wear a tuxedo to the prom.
"It's shameful and cowardly of the school district to have canceled the prom and to try to blame Constance, who's only standing up for herself. We will fight tooth and nail for the prom to be reinstated for all students," said Christine P. Sun, Senior Counsel with the ACLU national LGBT Project, who represents McMillen along with the ACLU of Mississippi.
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's 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.
Humanists Prepare to Hold LGBT-Inclusive Prom in Mississippi
From a News Release
( Washington, DC, March 12, 2010 ) The American Humanist Association ( AHA ) stepped forward today and offered to plan and fund a prom for the Itawamba County Agricultural High School in Mississippi. The Itawamba County School District made headlines earlier this week by cancelling their prom rather than letting a lesbian student, Constance McMillen, bring her girlfriend as her date.
"It's shameful that closed-minded members of the school board are prepared to deprive an entire class of students their prom over their outdated religious mores." said Roy Speckhardt, Executive Director of the AHA. "People can hold to any belief or no belief in this nation, but the school board misuses their position when they try to impose their beliefs on the student population in Itawamba."
McMillen was barred from the prom after making it known that she intended to bring a same-sex date. The American Civil Liberties Union ( ACLU ) of Mississippi became involved and demanded the school reverse its policy. The school board responded by cancelling the prom.
"The ACLU is doing good work in Mississippi, and we humanists can also bring resources to the table that will defend students from a repressive school board," added Speckhardt. "Prom is a special event for teens across America; we'll make sure it's a special night for these students as well."
AHA members Todd and Diana Steifel made a $20,000 grant available to the AHA for the purpose of holding a prom in Itawamba County. The AHA will be discussing logistics with the pertinent parties today.
Humanists and freethinkers have a history of speaking up for the rights of all. The AHA was among the first to support civil rights, equal pay for equal work, and the right of same-sex couples to marry. Recently the AHA launched the LGBT Humanist Council to advance equality for lesbian, gay, bisexual, and transgender people and their families. ( www.lgbthumanists.org ) .
The American Humanist Association ( www.americanhumanist.org ) advocates for the rights and viewpoints of humanists. Founded in 1941 and headquartered in Washington, D.C., its work is extended through more than 100 local chapters and affiliates across America.
Humanism is a progressive philosophy of life that, without theism, affirms our responsibility to lead ethical lives of value to self and humanity.
