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Constance McMillen
In a ruling that satisfied both sides, a federal judge ruled Tuesday that the district should not be forced to sponsor the event, which it had announced it would not host after a lesbian student had challenged the policy banning same-sex dates.
However, Senior U.S. Judge Glen H. Davidson also said in his 12-page opinion that the district violated senior Constance McMillen’s First Amendment rights when it said she could not attend the dance with a same-sex date or wear a tuxedo.
Davidson wrote that the school board’s “motive” behind canceling the prom “was Constance’s requests” and the ACLU’s demand letter sent on her behalf.
Attorneys Kristy Bennett and Christine P. Sun, who represented McMillen, said they likely will not appeal the ruling but will seek compensatory damages against the district. Bennett said that suit could be filed in the next couple weeks, and the amount of damages is unknown.
They also said the ruling establishes a national precedent for same-sex couples who want to attend their proms.
Itawamba parents have planned an alternate prom for the school’s juniors and seniors for April 2 at the Tupelo Furniture Market. McMillen said organizers of that event have told her that she is invited.
“I think the judge made a great decision,” McMillen said. “Even though he’s not forcing the school to hold a prom, I understand where he is coming from in that it would inconvenience a lot of people to move the prom from the Furniture Market back to the school.
“I’m glad he realized that the school violated my First Amendment rights, and I’m glad it is understood that girls can go to their girlfriend’s prom and girls can wear tuxes.”
McMillen expected to be back at school today and said she hoped to attend the private prom, if she didn’t sense too much hostility.
“I don’t know how people feel about everything,” McMillen said.
Davidson’s ruling came on a motion for a preliminary injunction filed by the American Civil Liberties Union on March 11, one day after the school district announced that it would no longer sponsor its prom but hoped that private citizens would do so.
If granted, the injunction would have forced the district sponsor the prom and allowed McMillen to attend with her girlfriend.
Though he ruled that McMillen’s rights were violated, Davidson said that forcing the district to hold the prom would not serve the public interest since parents had already planned an event that would be “open to all IAHS students.”
Granting the ACLU’s request, he wrote, “would defeat the purpose and efforts” of the parents who had been sponsoring the private prom.
Benjamin Griffith, an attorney who represented the district, said he was pleased with the court’s order to deny the injunction.
“The good thing about it is the community is pulling together to make this possible for all the students,” Griffith said, “and I think that is a positive thing for all involved.”
Itawamba County School Board attorney Michele Floyd said in a statement that “it is our hope and desire that we can now get back to our core mission of educating all the students of Itawamba County, Mississippi.”
But the other side claimed success, as well. Bennett, legal director for the ACLU of Mississippi, said the judge’s decision provides rights to lesbian, gay, bisexual and transgender youth around the country.
“We consider this a victory because we believe this establishes precedents that schools can’t deny same-sex couples from attending the prom or keep girls from wearing tuxedoes,” Bennett said.
Sun, senior counsel with the ACLU national LGBT Project, said the ruling “vindicates Constance’s rights.”
Bennett said she felt there was “a slim chance” that the organization would be able to get the district to host the prom.
“While we were a little disappointed, we were not surprised, and he gave us more than we hoped for in ruling they violated her rights,” Bennett said.
Contact Chris Kieffer at (662) 678-1590 or chris.kieffer@djournal.com.
I do not hate American freedom or the Constitution. Government by the people for the people is what we are founded on and what makes our country great. The freedom to vote, to decide the course of the country, is our greatest freedom.
"the rights of American citizens are not subject to voter approval. "
That is where you are wrong. This country is run by the people. The government does do some things against the will of the people, such as Obamacare. There will be changes in the politicians representing us after November as well. Judges should not have the ability to override the voice of the people. Somewhere in the past, judges decided to start making law. The law upon which all law is based, the Constitution was the voice of the people. The Bill of Rights was the voice of the people. One day soon, the voice of the people will be heard again in Washington or we might as well become Cuba or China and give up our "rights."
Don't worry... there's a very important case awaiting ruling in a US District Court. It carries far more weight than something ruled upon by a Berks County, PA court. (Worry not, the Commonwealth of Pennsylvania has a Supreme Court.)
I know you southerners hate "activist" judges who do things like force schools to integrate, protect student expression, and legalize interracial marriage. Sorry, me419, no matter how much you desire it, the rights of American citizens are not subject to voter approval.
VictoriousUnion, please notice this case was not in the South.
Judge: Same-gender 'marriage' not a 'fundamental right'
A Pennsylvania judge has said no to a lesbian pair seeking a divorce -- and a state-based family advocate is applauding that decision.
Carole Ann Kern and Robin Lynn Taney were married in June 2009 in Massachusetts, where homosexual "marriage" is legal. When they did not meet the residency requirements to file for divorce in that state, they returned to their home state and filed there. But Berks County Judge Scott Lash ruled as "unsupportable" the couple's argument that same-sex marriage passes the test for being a "fundamental right."
"This is a plea for social change," the judge wrote. "If homosexuals had a fundamental right to be married to each other, this plea would be unnecessary."
Diane Gramley of the American Family Association of Pennsylvania reacts to the judge's ruling. "Well, I think we have at least one good judge in Pennsylvania," she comments. "It was encouraging that he ruled that this lesbian couple could not get a divorce in Pennsylvania, because Pennsylvania does not recognize their marriage to begin with."
It is refreshing, remarks the family advocate, that Judge Lash did not act as an activist judge, but instead ruled on the basis of current state law. The judge did rule that the two had a right to privacy. But...
"The second [question] was whether that right to privacy guarantees a right to marriage, is basically what he said," Gramley explains. "And the other [question] was [whether] the fundamental right of marriage contemplate[s] same-sex marriage."
And to both questions, the judge answered no. Lash also wrote the following in his ruling:
"Courts should be reluctant to identify a right as fundamental when not clearly required by the Constitution or established precedent. A court who finds a fundamental right where none exists bypasses the legislative process and denies the people a voice in effecting social policy, in essence, trumping democracy by judicial fiat."
Pennsylvania has a Defense of Marriage law that defines marriage as between one man and one woman. Efforts in the legislature to send the issue to the people in the form of a constitutional amendment failed for a third time recently. Gramley is hopeful more conservatives will win in the November elections so a fourth effort might have a better chance at passage
You really need to get over yourself. You appear so full of self doubt that you lash out at every innocent comment. Keep twisting my comments if it makes you feel better about yourself.
Imagine how different Christianity would be perceived if its fundamentalist followers actually behaved in a Christ-like manner.
Keep thinking your opinions are worth more than everybody else that will get you far in life. When we get to Heaven, look me up.
Dave_Lister
You are missing my points and I suppose you will say about me. We have different opinions and will have to agree to disagree.
Please make sure the both of you attend a Bible believeing church to celebrate the risen Savior this weekend. I am pretty sure you will not hear about the sin of homosexuality this weekend.
One need look no farther than toogone's posts to see how Mississippi ranks dead last in K-12 education.
Yes, Me419, if they are attracted to both sexes they are bisexual. Where have you been hiding? Someone who is gay, like my friend, has no attraction to women at all, and he tried, believe me. One time he was in a hot tub nude with a girl who was more than willing but it just wouldn't happen. The same thing would result for me with a guy. You are clueless beyond repair with your worthless opinion that it is a "lifestyle choice". It isn't.
There is no line between gay and straight. There is a continuum from gay to straight. read a little besides the buybull and learn something.
Remember, Mississippi has the highest rate of teen pregnancy in the entire nation. So you had better keep up the good work!