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Injunction on Itawamba prom will be heard in federal court
by Chris Kieffer/NEMS Daily Journal
2 years ago | 2217 views | 14 14 comments | 8 8 recommendations | email to a friend | print
ABERDEEN – A U.S. District Court judge will consider whether Itawamba Agricultural High School must hold its prom.

The American Civil Liberties Union on Tuesday asked Senior Judge Glen Davidson to prevent the Itawamba School District from voiding its prom after senior Constance McMillen announced she planned to bring a same-sex date and wear a tuxedo. He’ll hear the legal issues at 10 a.m. Monday in Aberdeen.

Meanwhile, efforts to hold a prom for students remain active.

Parents will host a banquet for Itawamba AHS juniors and seniors to replace the April 2 dance.

The location of the parents-sponsored banquet on the same date has been kept secret because of a desire to protect the students in the midst of a controversy that has gained national attention.

Whether McMillen and her date are invited to the banquet wasn’t clear late Tuesday.

The school district’s decision not to hold a prom was announced one week and one day after the ACLU of Mississippi sent a letter on behalf of McMillen demanding that the district change its prohibition on same-sex prom dates.

The ACLU’s injunction wants the district to allow McMillen to bring a “same-sex date” to the dance and wear a tuxedo.

“Our position is that the prom was canceled to keep Constance from making her First Amendment expression about being able to attend with a same-sex date,” said Kristy Bennett, legal director of the ACLU-MS. “We’re looking at it as censorship.”

The issue has drawn national attention, and a Facebook page created Thursday by the ACLU to spotlight McMillen’s fight has drawn more than 300,000 fans. Outside individuals also have taken an interest in supporting a prom.

The American Humanist Association made a $20,000 grant available to fund a prom for students. AHA Communications and Policy Assistant Michael McCamman said the organization talked with the ACLU, the Lesbian Gay Bisexual Transgender Council, the ACLU of Mississippi and the Mississippi Safe Schools Coalition about planning the event.

New Orleans entrepreneur Sean Cummings also offered to throw a prom for all of the school’s juniors and seniors, including McMillen, and their dates and pay for their travel to the city.

Cummings said Tuesday that the school or students haven’t accepted the offer.

“I’m sure this will work out and the school will have a prom,” Cummings said. “We just wanted them to know they’ll have a backup.”

Contact Chris Kieffer at (662) 678-1590 or chris.kieffer@djournal.com.
Comments
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saw3
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March 17, 2010
i agree hoots. same as the dress code. if they say she can wear whatever she wants when its already stated in the handbook,then i figure alot of businesses that provide school uniforms will soon go broke
-hoot-
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March 17, 2010
A judge CAN NOT force a school to have a prom, regardless of the reason they cancelled it. Otherwise, in my opinion, they would have to require ALL schools to host a prom as well. If they don't, wouldn't that be discrimination against IAHS?

IAHS was accused of discrimination, so they fixed it. They cancelled the event where the accused discrimination was to be happening in order to NOT discriminate against ANYONE.

And I'll all but guarantee you this...all those schools that were listed in the other article as to still be hosting a prom, I'll bet this is the LAST one they host so they don't have to go thru all this HOOPLA!

What a joke! Going to court to demand a PUBLIC EDUCATIONAL FACILITY to host a SOCIAL EVENT! That really helps our educational problems!

And...cutting PROM makes perfect finical sense too among all the budget cuts. Another just issued a few articles above this one.
Tupelo23
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March 17, 2010
Cognotus, the students may raise money to pay for things such as decorations, food, and entertainment, but as for the costs related to opening the school facility, security, and liability, those are all borne by the school. There was an article in Saturday or Sunday's Daily Journal quoting several area school administrators wherein they said it just wasn't worth it for the school to sponsor a prom.
jbos
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March 17, 2010
Can a court FORCE a high school to have a prom? I wish a court would have FORCED my high school to play football!!
Cognotus
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March 17, 2010
hiplady,

Is it against the law for 18-year-olds to go to proms with 17-year-olds? I would think a lot of people would be breaking the law if that were the case.
Cognotus
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March 17, 2010
Tupelo23,

Does the school spend any money on the prom? I thought students had to cover the costs themselves.
Cognotus
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March 17, 2010
saw3,

The ACLU frequently represents students who want to pray in school, Bible clubs that want to meet in school, etc. The ACLU opposes the government (including public schools) telling individuals that they have to pray or that they can't pray. The ACLU favors individuals making decisions about their own religious practices.
hatchieboy
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March 17, 2010
Tupelo23, GOOD post.

I'll bet that other school districts that still sponsor these events are re-thinking now.

saw3
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March 17, 2010
aclu doesnt care they are a political left wing joke anyway. if this student had wanted to pray in school would they have been there arguing for the right to say a prayer? NOPE.
Tupelo23
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March 17, 2010
Here's an idea. Why doesn't the ACLU drop its lawsuit against the school board and take the money it would have spent on legal fees and donate it to the school to use for EDUCATIONAL purposes? I know we all have our treasured traditions, but schools should be in the business of EDUCATING, not in the business of sponsoring, hosting, and bearing the costs for SOCIAL EVENTS. Good grief! The ACLU is basically saying it believes forcing a school district to take money it probably could really, really use to fund teaching positions or other EDUCATION-related items, and use that money on something wholly unrelated to the work of EDUCATION just to prove a point. When priorities are so out kilter it's not much wonder why public schools are struggling as they are. IAHS and the Itawamba school board would be wise to let last year's prom be the last, and spend its money -- money provided by every tax payer in that county -- on doing what it should be doing: EDUCATING.
catherinemincy
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March 17, 2010
"Rules are rules" doesn't seem like much of an argument.

"Whites only" was the rule.

"Women can't go to medical school" was the rule.

"You must be a white man AND own property to vote" was the rule.

By your logic, these were rules and therefore unchallengable.

Not the kind of world I want to live in.
hiplady
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March 17, 2010
i have been asking around the web wondering where is the date in all this? i live only a few miles from this school and heard that her date is 17. now this girl, that has aclu helping her, is 18. is this not against the law, if this is the age difference?
saw3
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March 17, 2010
From what i have heard, she may have to find a new date!! This is all about attention. She already knew the rules about the dress code. REMEMBER? They made her crossdresser friend go home and change clothes almost everyday. Who was the first person on her bandwagon? You guessed it. So she already knew the answer when she went and asked if she could wear a tux and bring her 14 or 15 yr old girlfriend. This person is going to have a long life. Rules are rules. You dont go around changing them to accomadate each person that feels like breaking them. She not the only gay student atIAHS, shes just the only one who didnt want to obey the rules. Do you go out and drink beer in public in a dry county? NO.WHY? There are laws against it. Laws are rules. There is one thing, shocking I might add, this country really needs help. Whats right and whats acceptable are two different things. Read your Bible folks, not just part of it,ALL of it.

I know everyone says that Jesus loves everyone, BUT I will leave you on this.... If you believe in HEAVEN then you better believe in HELL. Its there for a reason and its filling up fast. If God decided He would let everyone break the rules... well he would'nt need hell anymore would He.
ilovedmydaughter
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March 17, 2010
If they order the prom, don't nobody gotta show up. Let those 2 go and have it to themselves. Let the 2 girls go to Lousianna. Who cares!