Prom Fight Was Worth It, Gay Teen Says

The lesbian student who waged a legal battle against her Mississippi high school after being denied permission to bring her girlfriend to the prom is happy with a judge's ruling that the school violated her constitutional rights and said the fight has been worth it.

"I think that the judge made a good decision," 18-year-old Constance McMillen told CBS' "The Early Show" Wednesday. "I'm glad that he did realize that the school did violate my rights."

U.S. District Judge Glen H. Davidson ruled Tuesday that Itawamba County school district's actions did violate the teen's constitutional rights but refused the American Civil Liberties Union's demand to force the district to put on the April 2 prom. Davidson said he would hold a trial on the issue.

But that would come too late for the prom to be salvaged at Itawamba Agricultural High School. Still, Kristy Bennett, ACLU Mississippi legal director, called the decision a victory.

The American Civil Liberties Union sued the district to force it to put on the prom and allow McMillen to bring her girlfriend and wear a tuxedo. School officials said in U.S. District Court this week that they decided to cancel it because McMillen's challenge to the rules had caused disruptions.

The judge noted that McMillen has been openly gay since she was in the eighth grade and that she intended to communicate a message by wearing a tuxedo and escorting a same-sex date.

"The court finds this expression and communication falls squarely within the purview of the First Amendment," Davidson said.

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Davidson said a private prom parents are planning will serve the same purpose as a school-sponsored one. He wrote that "requiring defendants to step back into a sponsorship role at this late date would only confuse and confound the community on the issue."

McMillen said she'd like to go to the private prom but is unsure of the reaction she'll get from other students.

"I'm going to see the reaction from other people … at school, and that will make my decision on whether or not I'm going to go. Because I'm not going to go somewhere that I feel like most people there hate me," she told "The Early Show".

McMillen said fellow students were "hostile" when she returned to school after the prom was originally canceled.

"I'm sure it's like some people hate me and some people were okay with me," she said. But I don't really know."

Her case has become a cause celebre.

She has appeared on the "The Early Show," "The Wanda Sykes Show" and "The Ellen DeGeneres Show" to talk about how she is fighting for tolerance. DeGeneres presented her with a $30,000 college scholarship from Tonic, a digital media company. A Facebook page set up by the ACLU for McMillen has over 400,000 fans.

"It's been great. … I never expected any of it," she said. "I'm glad that so many people support me, because … that keeps me pushing forward. Because I realize that it's not only important to me, it's important to other people, too."

Ben Griffith, the school district's attorney, said his clients were pleased with the ruling.

"What we're looking at now is the fact that the case is still on the docket for a trial on the merits," Griffith said.

McMillen first approached school officials about bringing her girlfriend in December, and again in February. Same-sex prom dates had been banned in the past, but she had hoped school officials would grant her request.

"I thought maybe the policy had been in place for a different reason," McMillen testified at a hearing on the ACLU lawsuit. "I wanted to let them know how it made me feel. I felt like I couldn't go to the prom."

She was told two girls couldn't attend together and she wouldn't be allowed to wear a tuxedo, court documents show. The ACLU issued a demand letter earlier this month and the district responded by canceling the event. McMillen, who lives with her grandmother and has a 3.8 grade point average, has kept her 16-year-old girlfriend out of the spotlight at the request of the girl's parents.

District officials said they felt not hosting the prom was the best decision "after taking into consideration the education, safety and well being of our students." Superintendent Teresa McNeece said it was "a no-win situation."

The 715-student high school is located in Fulton, a town of about 4,000 in rural, north Mississippi. The entire county school district has 3,588 students.

The case is typical of what's happening in schools across the country, said Charles Haynes, senior scholar for The Freedom Forum First Amendment Center.

"This case is different because this is not just dress, it is a higher claim of personal identity," Haynes said. "I think that if the student prevails in this case, it will send a message to school districts that they need to accommodate students now who are openly gay and lesbian and want to participate in student activities," Haynes said.

[RickCain4150]

Good luck bringing Mississippi rednecks into the 21st century. Its more likely you will get islamics to do that.

[Kavik]

what about the rights of those that had thier prom wrecked. how does the justice of one balance the abuse of many. attention and a free ride is what is happening. i am tired of the working person being stomped. get a life and move on.

[Unclemercer]

McMillen got what she wanted from the start: Some face-time on sappy TV shows, and some attention on the internet. She is disgusting.

[sheila1346]

It is way past time to stand up for everyone's Civil Rights regardless of our own personal beliefs. An older black woman on her way home from work who refuses to go go to the back of the bus, or a young girl who just wants to take her girl friend to their prom; we must protect everyone's right to be treated with dignity and respect. Personal religious beliefs are protected in this country, no one has the right to desecrate your church, synagogue or mosque because Religious freedom is a founding principle in this country. So is the separation of Church and State so that no one Church or Religion can dictate to the rest of us. Civil Rights are also guaranteed to everyone so no matter your race, culture, religion, sex, or sexual orientation, all have the right to be treated the same as everyone else. Nothing in the Constitution says your Church has to accept gay people as members as you have the right to your personal beliefs, however at a public school where all members of society can attend gay students have every right to attend school events just like everyone else. If the school has a policy that allows students to attend as couples then they can not tell some students they can not take their date because they are a same sex couple anymore then they can tell them how to dress. As long as they are dressed appropriately the fact that one of the young woman wants to wear a tux is still with in the required dress code. Bigotry must never be allowed to violate anyone's civil rights. Some day we will look back and wonder why it took so long for so many of us to understand Civil Rights apply to everyone not just those we like, or to everyone expect those your Paster says do not deserve to be treated equally.

[pragmatist1]

When she makes it to adulthood, not all of her grievances will be taken up by a judge. She needs to get used to being vilified for choosing a lifestyle that major religions are don't condone; that includes Christianity, Judaism and Islam. That's life, whether she likes it or not.

[avigil2]

Hey dummy, no one chooses to be gay. Just like no one chooses to be straight. It is what it is.

[lisalisa1111]

It would be really great if the Mississippi bashing could stop. I wonder how many of you have even been through this here long enough to form an intelligent opinion about the state? Probably not very many. It is far too easy to just assume everyone here is backwards or racist or a hick...when in fact Mississippi is home to people as "backwards" as John Brock, CEO of Coca Cola, author John Grisham,
singers Faith Hill and LeAnne Wommack, blues legends B.B. King and Robert Johnson, rock stars 3 Doors Down, radio host Tavis Smiley, and
the list goes on. That being said, I would like to add my two cents worth to this issue. As a heterosexual female it seems like I am quickly becoming the target of everyone who has an agenda. I agree with the school board's decision to cancel the prom. Why must the wants of a minority be thrust upon the majority? Why is it ok for people such as myself to be called names like ****-phobe and racist just because we don't want to see two people of the same sex canoodling in public? Or because we don't want to see a male student show up at the prom in a dress, or in this case a female wearing a tux? Why do we have to be the bad guys? I could care less if you love someone of the opposite sex or the same sex, I just don't want it shoved down my throat. I believe Constance made this an issue...not the school. Sure she could have attended the prom with another girl as friends...which has been done for years. But she made it an issue when she repeatedly went to school officials to hammer home the point that she would be with another female as a date. She could have flown in under the radar, but instead chose to make a stand. And of course she is now hailed as a "hero". Well, in my book, the hero's of the world don't need to tell everyone that they are.

[Moment0fClarity]

There's a big difference between not liking what you see and trying to ban it. Your right to disapprove of what others do doesn't trump their right to do it, and when you try to force it you become the "bad guy." When they make kids choose same-sex dates, THAT'S having it "shoved down your throat." Simply having to be around people who don't have to hide that they're not like you is "living in the real world."

[badonkadonkus]

Well Lisa you don't get to have it both ways. You can't complain that Mississippi is getting a bad reputation when all evidence suggests that that reputation is deserved. For example, when an A student asks to go to the prom with her girlfriend (twice) and the school board decides that rather than admit that two girls at the prom is not a big deal...they instead cancel the prom. Did these two teenagers ask that the prom be canceled? No. Would they have preferred to have it not be an issue? Yes. Apparently you're uncomfortable with the idea of a female in a tuxedo; essentially this suggests to me that you don't want to see a female wearing pants, and that a female wearing pants is so awful that any place a pant wearing female might want to go should be closed down. There would be no more canoodling between a girl in a dress and a girl wearing pants as there would be between a straight couple at the prom. You might have a vague awareness that in the past a black person would not have been allowed to bring a white person to the prom as their date. Clearly this is not okay, however that was how it was for years. As it is for same sex couples. Nothing is being shoved down your throat except evidence of your own backwards, racist, hick ways. You and all the people involved with scheduling a secret prom that managed to keep the lesbian and learning disability students out should be ashamed of yourselves. Instead you complain about getting a bad reputation for behaving abysmally. Maybe that's why most people with an education think Mississippi might not be such a great place.

[barbaram99]

Every school I attended had a dress code for the genders. I don't care if she is gay or not. I don't care who she dances with. When I see 2 ladies walking together I think nothing of it. A child asked to take take the hand of a child so they stay together. My sighted rommate will ask for my hand as to know where I am. It makes sense. Us blind ask for the arm of the person who is sighted to guide us. There was a day when us women did not skake hands as that was for males..Now we do. People greet others. When we watch TV it is male.female dates. It is a fact most of the people are, Years ago they hated our blacks in this nation. They were forced to sit in the back of the bus etc.. That was wrong. Years ago they abused them. Now they can't.. I am white. My white sister has black children. Now we think nothing of black/white person together. They think only blind live with the blind..We don't. I have heard of school dances being called off as the students failed to abide by the no sexy dancing.. It is 2010. Some would say she is the centre of attn..She would told the rules. There are transgendered and they don't want to be the centre of attn. The dress code for the prom formal wear. I would cover my head if that is the standard. I don't have to. I never dated in high school. I never went to the prom..I was a senier in high school. In life it is a male/female world. There are others that don't fit that..They don't like the male/female showing off and they do..The male kissing the female etc. The transgender . The gay. In my day yer rights are at aduldhood.

[avigil2]

BOYCOTT MISSISSIPPI!

[NowBeWithThat]

by OhCry March 24, 2010 11:46 AM EDT
"My youngest daughter is Gay
She is absolutely not defined by her sexual preference"
________________________________

You use the term 'gay' to describe your daughter, yet you say she is not defined by her sexual preference. You contradict yourself.

[avigil2]

You would rather they had said, "My youngest daughter happens to be gay"?

[troglobyte]

This is no different than if a person of an "objectionable" race or religion were told they could not go to the prom. The issue is that an American Citizen's Civil Rights were violated. Anything else is just "spin".