2010 Itawamba County School District prom controversy: Difference between revisions

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-[[File:Constance McMillen at 2010 GLAAD awards.jpg|thumb|alt=18-year-old Caucasoid female with a left-nostril piercing and the letters "NO H8" painted on her left cheek is wearing a white shirt and black coat and standing in front of a banner advertising the "GLAAD awards" and "Absolut Vodka".|Constance McMillen at the 2010 GLAAD Media Awards]]
-The '''2010 Itawamba County School District prom controversy''' took place in [[Itawamba County, Mississippi]], and began when lesbian student Constance McMillen was refused permission to take her girlfriend to the Itawamba County Agricultural High School [[prom]].  As a result of a lawsuit brought against the school, the school canceled the prom and encouraged parents to organize a private prom.  The parents organized a private prom, but canceled it.  A second private prom was organized and represented to be the official prom.  Meanwhile, parents organized a secret prom to which McMillen was not invited and which most of the student body attended.  The school district settled the lawsuit by agreeing to a payment to McMillen and adoption of a sexual orientation non-discrimination policy.<ref name="cnn20100720">{{cite news
-| title       = Mississippi school pays damages to lesbian teen over prom dispute
-| author      = CNN Wire Staff
-| url         = http://www.cnn.com/2010/CRIME/07/20/mississippi.lesbian.settlement/
-| agency      = [[CNN]]
-| publisher   = [[Turner Broadcasting System]]
-| location    = [[Atlanta]], [[Georgia (U.S. state)|Georgia]], US
-| date        = July 20, 2010
-| accessdate  =February 27, 2011
-| archiveurl  = http://www.webcitation.org/5woNLWDDr
-| archivedate = February 27, 2011
-}}</ref>
-==Incident==
-In March 2010, the [[Itawamba County School District]] board made international news after it decided to cancel the [[prom]] for Itawamba Agricultural High School because 18-year-old lesbian student Constance McMillen had requested permission to take a same-sex date to the event, and to wear a tuxedo.<ref name="usatodayprom">{{cite news | title = Miss. prom canceled after lesbian's date request | first = Chris | last = Joyner | url = http://www.usatoday.com/news/nation/2010-03-10-noprom_N.htm | newspaper = [[USA Today]] | publisher = [[Gannett Company]] | location = [[McLean, Virginia]], US | issn = 0734-7456 | date = March 11, 2010 | accessdate =May 31, 2010 | archiveurl = http://www.webcitation.org/5okMbDs7o | archivedate = April 4, 2010 }}</ref><ref name="AP-yahoonews">{{cite news | url= http://news.yahoo.com/s/ap/20100311/ap_on_re_us/us_lesbian_prom_date | title= Lesbian teen back at Miss. school after prom flap | author= Sheila Byrd ([[Associated Press]]) |work=[[Yahoo! News]] | date= March 11, 2010 | accessdate=March 11, 2010| archiveurl= http://web.archive.org/web/20100313090700/http://news.yahoo.com/s/ap/20100311/ap_on_re_us/us_lesbian_prom_date| archivedate= March 13, 2010 <!--DASHBot-->| deadurl= no}} {{Dead link|date=October 2010|bot=H3llBot}}</ref><ref name="natpost">{{cite news | url= http://network.nationalpost.com/NP/blogs/posted/archive/2010/03/11/mississipi-school-board-cancels-prom-over-lesbian-and-her-date.aspx | title= Mississippi school board cancels prom over lesbian and her date | author= Meghan Housley |work=National Post |location=Canada  | date= March 11, 2010 | accessdate=March 11, 2010}}</ref><ref name="kgointerview">{{cite news | url= http://members.kgoradio.com/kgo_archives/player.php?day=4&hour=11 | title= Radio interview with Constance McMillan |work=[[KGO (AM)]] | date= March 11, 2010 | accessdate=March 11, 2010| archiveurl= http://web.archive.org/web/20100402225712/http://members.kgoradio.com/kgo_archives/player.php?day=4&hour=11| archivedate= April 2, 2010 <!--DASHBot-->| deadurl= no}}</ref><ref name="dailymailuk">{{cite news | url=http://www.dailymail.co.uk/news/worldnews/article-1257354/Constance-McMillen-School-bans-prom-lesbian-student-asks-girlfriend--wear-tuxedo.html | title = School cancels prom after lesbian pupil asks to take her girlfriend... and wear a dinner suit | author = David Gardner |work=Daily Mail |location=UK | date=March 13, 2010 | accessdate=March 13, 2010| archiveurl= http://web.archive.org/web/20100414235948/http://www.dailymail.co.uk/news/worldnews/article-1257354/Constance-McMillen-School-bans-prom-lesbian-student-asks-girlfriend--wear-tuxedo.html| archivedate= April 14, 2010 <!--DASHBot-->| deadurl= no}}</ref> The school board encouraged the creation of a private prom.<ref name="usatodayprom"/>  McMillen called the [[American Civil Liberties Union]] (ACLU), which threatened the school with legal action. On March 10, 2010, the ACLU filed a free speech lawsuit on McMillen's behalf, seeking an [[injunction]] which would reinstate the prom.  The ACLU stated that it was "shameful and cowardly of the school district to have canceled the prom and to try to blame [the student]".<ref name="usatodayprom2">{{cite news | url= http://www.usatoday.com/news/nation/2010-03-11-no-prom-mississippi_N.htm | title= ACLU files suit against Miss. school for canceling prom | author= Chris Joyner |work=USA Today | date= March 11, 2010 | accessdate=March 11, 2010}} Archived at [http://www.webcitation.org/5okMFh6sc WebCite]</ref><ref>{{cite web |url=http://www.aclu.org/files/assets/McMillen_complaint_final.pdf |title=Constance McMillen v. Itawamba County School District |author=Constance McMillen |date=March 10, 2010 |work=[[ACLU]] |accessdate=April 28, 2010| archiveurl= http://web.archive.org/web/20100425203934/http://www.aclu.org/files/assets/McMillen_complaint_final.pdf| archivedate= April 25, 2010 <!--DASHBot-->| deadurl= no}}</ref> On April 21, 2010, an amended complaint was filed, seeking [[compensatory damages]].<ref>{{cite web |url=http://www.aclu.org/files/assets/McMillen_Amended_Complaint_04.21.10.pdf|title=Constance McMillen v. Itawamba County School District |author=Constance McMillen |date=April 21, 2010 |work=[[ACLU]] |accessdate=April 28, 2010| archiveurl= http://web.archive.org/web/20100425170201/http://www.aclu.org/files/assets/McMillen_Amended_Complaint_04.21.10.pdf| archivedate= April 25, 2010 <!--DASHBot-->| deadurl= no}}</ref><ref>{{cite web |url=http://www.aclu.org/lgbt-rights/fulton-ms-prom-discrimination|title=Fulton, MS Prom Discrimination |author=Constance McMillen |work=[[ACLU]] |accessdate=April 28, 2010| archiveurl= http://web.archive.org/web/20100501031702/http://www.aclu.org/lgbt-rights/fulton-ms-prom-discrimination| archivedate= May 1, 2010 <!--DASHBot-->| deadurl= no}}</ref><ref>{{cite web |url=http://www.wlbt.com/Global/story.asp?S=12353293|title=
-Lesbian teenager files lawsuit against school district |date=April 22, 2010 |work=[[WLBT]] |publisher=[[Raycom Media]] |accessdate=April 28, 2010| archiveurl= http://web.archive.org/web/20100426104917/http://www.wlbt.com/Global/story.asp?S=12353293| archivedate= April 26, 2010 <!--DASHBot-->| deadurl= no}}</ref> A court hearing was scheduled to take place on Monday, March 22, 2010.
-On a March 12, 2010 appearance on the national [[The Early Show|CBS Early Show]], McMillen said that she had first asked the school principal about bringing a same-sex date to the prom in December 2009, and that he said it was not allowed, due to a concern that pairs of same-sex friends who were not in a relationship would buy less expensive couples tickets instead of individual tickets.<ref name="cbsearly1">{{cite news | url= http://www.cbsnews.com/stories/2010/03/12/earlyshow/main6292120.shtml | title= Lesbian Teen Speaks Out on Cancelled Prom |work=[[The Early Show]] | date= March 12, 2010 | accessdate=March 12, 2010}}</ref>  McMillen said she told him "you can't pretend like there's not gay people at our school, and if you tell people they can't bring a same-sex date, that is discrimination to them."  Although the school board did not explicitly say the prom was cancelled due to McMillen's request, the cancellation came only one week after the ACLU sent a letter to the board pleading her case.<ref name="cbsearly1"/>
-Subsequent to international press coverage of the prom's cancellation, many groups offered to sponsor a non-discriminatory prom and enough money was reportedly raised to host one.<ref name="clarion-2ndprom">{{cite news | url= http://www.clarionledger.com/article/20100316/NEWS/3160350/1001/NEWS | title= Itawamba prom hearing could be held by Monday| author= Chris Joyner |work=[[The Clarion-Ledger]] | date= March 15, 2010 | accessdate=March 17, 2010}} {{Dead link|date=October 2010|bot=H3llBot}} Archived at [http://www.webcitation.org/5okLEQDxG WebCite]</ref>  However, it was reported that adults posted signs in protest on the high school, including ones stating "What happened to the Bible Belt?", and "Gomorrah".<ref name="clarion-2ndprom"/>
-==Court ruling==
-On March 23, 2010, U.S. District Court Judge [[Glen H. Davidson]] issued a ruling partly in favor of McMillen and partly favorable to the Itawamba County School District.<ref name="judgeruling">{{cite news | url= http://www.clarionledger.com/article/20100324/NEWS/3240360 | title= Both sides claim win in lesbian's prom lawsuit | author= Chris Joyner |work=[[The Clarion-Ledger]] | date= March 24, 2010 | accessdate=March 24, 2010}} {{Dead link|date=October 2010|bot=H3llBot}} Archived at [http://www.webcitation.org/5oSo2Krxa WebCite]</ref> Judge Davidson ruled that Itawamba County School District did violate McMillen's [[First Amendment to the United States Constitution|First Amendment]] rights by not allowing her to attend the prom with her girlfriend, not allowing her to wear a tuxedo and cancelling the prom.<ref name="judgeruling"/> Judge Davidson wrote, "The court finds this expression and communication of her viewpoint is the type of speech that falls squarely within the purview of the First Amendment."<ref name="judgeruling"/> However, in favor of the Itawamba County School District, Judge Davidson ruled that he would not force the school district to hold the prom since a private prom had already been planned.<ref name="judgeruling"/> At the preliminary hearing, school board members testified that all junior and senior students would be allowed to attend the private prom but did not make it clear as to whether or not same-sex couples would be allowed to attend.<ref name="judgeruling"/> McMillen received no official information on, or an invitation to, the private prom.<ref name="cnnjudgeruling">{{cite news | url= http://www.cnn.com/2010/LIVING/03/23/mississippi.lesbians.prom/index.html | title= Judge: School violated lesbian's rights, but prom cancellation valid | author= CNN Wire Staff |publisher=CNN | date= March 23, 2010 | accessdate=March 24, 2010| archiveurl= http://web.archive.org/web/20100325032525/http://www.cnn.com/2010/LIVING/03/23/mississippi.lesbians.prom/index.html| archivedate= March 25, 2010 <!--DASHBot-->| deadurl= no}} Archived at [http://www.webcitation.org/5oSs6cIBs WebCite]</ref>
-During the hearing, the school board testified that they cancelled the prom because the "media attention generated distracted the school from its educational mission, and that the board cancelled the prom in an attempt to restore order".<ref name="judgeruling"/> Judge Davidson said he was not swayed by that testimony because the high school's own principal had testified to the opposite, saying that "e-mail and phone calls generated by the controversy had no impact on classroom instruction".<ref name="judgeruling"/>
-The school was later ordered to pay $35,000 in damages to McMillen, pay her attorneys' fees and create a non-discrimination policy.
-==Private prom==
-On March 30, 2010, ''[[The Clarion-Ledger]]'' newspaper reported that the original private prom scheduled to be held at the Tupelo Furniture Market had been cancelled after McMillen attempted to purchase a ticket.<ref name="privatecancelled">{{cite news | url= http://www.hattiesburgamerican.com/article/20100330/NEWS01/100330015/Parent-sponsored+prom+in+Itawamba+canceled+ | title= Parent-sponsored prom in Itawamba canceled | author= Chris Joyner |work=[[The Clarion-Ledger]] | date= March 30, 2010 | accessdate=April 1, 2010}} {{Dead link|date=October 2010|bot=H3llBot}} Archived at [http://www.webcitation.org/5okKwkstm WebCite]</ref> Lori Byrd, who served on the parent organizing committee of the private prom, told the newspaper that there were many parents involved who did not want to be sued for not allowing same-sex dates at the private prom, so they cancelled it.<ref name="privatecancelled"/> However, the ''[[Northeast Mississippi Daily Journal]]'' reported the following day that a new private prom had been organized, to be held at the Fulton Country Club, and that McMillen would be allowed to attend with her girlfriend.<ref name="nemsprom">{{cite news | url= http://nems360.com/view/full_story/6891294/article-Itawamba-prom-off--then-on-again? | title= Itawamba prom off, then on again | author= Chris Kieffer and Alisha Wilson |work=[[Northeast Mississippi Daily Journal]] | date= March 31, 2010 | accessdate=April 1, 2010| archiveurl= http://web.archive.org/web/20100403215514/http://www.nems360.com/view/full_story/6891294/article-Itawamba-prom-off--then-on-again?| archivedate= April 3, 2010 <!--DASHBot-->| deadurl= no}} Archived at [http://www.webcitation.org/5okL1sJFR WebCite]</ref>
-McMillen and her date attended the prom, but found only five other students in attendance including two students "with learning difficulties".<ref name="secretprom">{{cite news | url= http://www.advocate.com/News/Daily_News/2010/04/05/ACLU_Investigating_Fake_Prom/ | title= McMillen: I Was Sent to Fake Prom | author= Unknown |work=[[The Advocate]] | date= April 5, 2010 | accessdate=April 5, 2010| archiveurl= http://web.archive.org/web/20100407020535/http://advocate.com/News/Daily_News/2010/04/05/ACLU_Investigating_Fake_Prom/| archivedate= April 7, 2010 <!--DASHBot-->| deadurl= no}} Archived at [http://www.webcitation.org/5om1skYTp WebCite]</ref> A second secret private prom had been arranged by parents, to be held in the community of Evergreen, and the rest of the students chose to attend that prom instead of the Fulton Country Club prom.<ref name="secretprom"/><ref name="nems360">{{cite news | url= http://nems360.com/view/full_story/6946554/article-UPDATE--McMillen-attends-sparse-Itawamba-prom | title= UPDATE: McMillen goes to Itawamba County prom that is sparsely attended | author= Chris Kieffer |work=[[Northeast Mississippi Daily Journal]] | date= April 5, 2010 | accessdate=April 5, 2010| archiveurl= http://web.archive.org/web/20100412030511/http://nems360.com/view/full_story/6946554/article-UPDATE--McMillen-attends-sparse-Itawamba-prom| archivedate= April 12, 2010 <!--DASHBot-->| deadurl= no}} Archived at [http://www.webcitation.org/5oomBCPzS WebCite]</ref><ref>{{cite news |url=http://www.theatlanticwire.com/features/view/feature/Lesbian-Couple-Sent-to-Fake-Prom-1015 |title=Lesbian Couple Sent to Fake Prom |author=Jake Simpson |publisher=''[[The Atlantic#The_Atlantic_Wire|The Atlantic Wire]]'' |date=April 6, 2010 |accessdate=April 11, 2010| archiveurl= http://web.archive.org/web/20100409072310/http://www.theatlanticwire.com/features/view/feature/Lesbian-Couple-Sent-to-Fake-Prom-1015| archivedate= April 9, 2010 <!--DASHBot-->| deadurl= no}}</ref> McMillen said she was aware of the "Evergreen" event but when she asked another student if she was invited, the student told her, "the prom is at the country club." McMillen said she took that answer as a "no" in regards to her question on whether or not she was invited and details about the secret private prom were kept from her.<ref name="nems360"/>
-Students who attended the "Evergreen" prom posted photos of the event on their Facebook pages, but many of the photos were deleted after they became public. Some students said the event was not a prom but was instead a birthday party, while others said it was just a private party. However, while claiming the event was not a prom publicly, students uploaded photos from the event to their Facebook pages labeled as "Prom 2010" and posted status updates which referred to the gathering as "prom".<ref name="inquisitr">{{cite web|url=http://www.inquisitr.com/69069/constance-mcmillen-fake-prom-confirmed/|title=Followup: Constance McMillen’s classmates confirm prom ruse, the fact that they’re bigoted|author=Kim LaCapria|publisher=The Inquisitr| accessdate=April 7, 2010 <!--DASHBot-->| archiveurl= http://web.archive.org/web/20100411042852/http://www.inquisitr.com/69069/constance-mcmillen-fake-prom-confirmed/| archivedate= April 11, 2010| deadurl= no}}</ref><ref name="sun">{{cite web|url=http://www.torontosun.com/news/world/2010/04/07/13501391.html|title=Students send lesbian to decoy prom|author=QMI Agency|work=Toronto Sun | date= April 7, 2010 | accessdate=April 12, 2010}}</ref><ref name="theweek">{{cite web|url=http://theweek.com/article/index/201598/Mississippi_outrage_Fake_proms_for_lesbians|title=Mississippi outrage: 'Fake proms' for lesbians|author=Editorial board |publisher=The Week Magazine | date= April 7, 2010 | accessdate=April 12, 2010| archiveurl= http://web.archive.org/web/20100412014744/http://theweek.com/article/index/201598/Mississippi_Outrage_Fake_proms_for_lesbians| archivedate= April 12, 2010 <!--DASHBot-->| deadurl= no}}</ref><ref name="cbscrimesider">{{cite web|url=http://www.cbsnews.com/8301-504083_162-20001910-504083.html|title=Constance McMillen faces Facebook Backlash as her Classmates Ridicule her Online|author=Carlin DeGuerin Miller |publisher=CBS News | date= April 7, 2010 | accessdate=April 12, 2010| archiveurl= http://web.archive.org/web/20100411200643/http://www.cbsnews.com/8301-504083_162-20001910-504083.html| archivedate= April 11, 2010 <!--DASHBot-->| deadurl= no}}</ref>
-McMillen subsequently transferred out of the Itawamba high school and into Murrah High School in Jackson, Mississippi, saying she was harassed by other students blaming her for the prom controversy.<ref name=ut0720>{{cite news|url=http://www.usatoday.com/news/nation/2010-07-20-lesbian-prom-lawsuit_N.htm |title=Miss. school district settles lesbian prom-date case |date=July 20, 2010 |first=Chris |last=Joyner |work=USA Today| accessdate=February 19, 2012 <!--DASHBot-->}}</ref> On July 20, 2010, the school district settled the case out of court by paying McMillen $35,000 and agreeing to a non-discrimination policy that includes sexual orientation.<ref name=ut0720 />
-==Media and celebrity attention==
-The controversy brought about world wide media attention as well as attention from celebrities.<ref name="mediaattn">{{cite news | url= http://www.advocate.com/News/Daily_News/2010/03/23/McMillens_School_Wrong_But_Prom_Wont_Have_to_Go_On/ | title= School Wrong, But Prom Won't Go On | author= Advocate.com Editors |work=[[The Advocate]] | date= March 23, 2010 | accessdate=April 7, 2010| archiveurl= http://web.archive.org/web/20100326221718/http://www.advocate.com/News/Daily_News/2010/03/23/McMillens_School_Wrong_But_Prom_Wont_Have_to_Go_On/| archivedate= March 26, 2010 <!--DASHBot-->| deadurl= no}} Archived at [http://www.webcitation.org/5ooo9smAN WebCite]</ref>
-[[Ellen DeGeneres]] invited McMillen to be a guest on her television show, ''[[The Ellen DeGeneres Show]]''. On the show, DeGeneres presented McMillen with a $30,000 scholarship, paid for and donated by Tonic.com.<ref name="degeneres">{{cite news | url= http://www.usatoday.com/life/people/2010-03-19-degeneres_N.htm | title= Ellen presents $30K to lesbian teen in prom flap | author= Associated Press |work=USA Today | date= March 19, 2010 | accessdate=April 7, 2010}} Archived at [http://www.webcitation.org/5oonQp6JO WebCite]</ref>
-McMillen was also invited to be a guest by [[Wanda Sykes]] on her television show, ''[[The Wanda Sykes Show]]''. On the show, Sykes noted that she was receiving the Stephen F. Kolzack Award at the 2010 [[GLAAD Media Awards]] and that award recipients, such as her, could decide whom they wanted to present their award. Sykes said that she would like McMillen to come to Los Angeles, at Sykes's expense, and be the person who presented the award to her.<ref name="sykes">{{cite news | url= http://www.advocate.com/News/Daily_News/2010/03/14/Sykes_Interviews_Lesbian_Barred_From_Prom/ | title= Sykes Interviews Lesbian Barred From Prom | author= Advocate.com Editors |work=[[The Advocate]] | date= March 14, 2010 | accessdate=April 7, 2010| archiveurl= http://web.archive.org/web/20100323112518/http://advocate.com/News/Daily_News/2010/03/14/Sykes_Interviews_Lesbian_Barred_From_Prom/| archivedate= March 23, 2010 <!--DASHBot-->| deadurl= no}} Archived at [http://www.webcitation.org/5oonw0jLH WebCite]</ref>
-Celebrity blogger [[Perez Hilton]] invited, and she accepted, McMillen and guests of her choosing to attend at his expense a birthday bash being held for him. When he posted about it on his web site, he wrote that "she will be treated like a homecoming queen for the day."<ref name="perez">{{cite news | url= http://www.advocate.com/News/Daily_News/2010/03/16/Constance_to_Party_with_Perez/ | title= Constance to Party With Perez | author= Advocate.com Editors |work=[[The Advocate]] | date= March 16, 2010 | accessdate=April 7, 2010| archiveurl= http://web.archive.org/web/20100323083356/http://www.advocate.com/News/Daily_News/2010/03/16/Constance_to_Party_with_Perez/| archivedate= March 23, 2010 <!--DASHBot-->| deadurl= no}} Archived at [http://www.webcitation.org/5oooT72KC WebCite]</ref>
-Along with activists [[Judy Shepard]] and Lt. [[Daniel Choi]], McMillen has been chosen as a [[Grand Marshall]] of the 2010 [[Gay Pride March (New York City)|New York City Gay Pride March]].<ref name="torontosun">{{cite news | url=http://www.torontosun.com/news/world/2010/04/15/13595146.html | title= Gay teen banned from prom to lead NYC pride parade | author = QMI Agency|work=Toronto Sun| date= April 15, 2010| accessdate=April 22, 2010}}</ref>
-The television series ''[[Drop Dead Diva]]'' based a season 3 episode on the incident (''Prom'', aired July 24, 2011). [[Wanda Sykes]] plays the judge, [[Amanda Bearse]] another judge, and McMillen has a cameo role as a bailiff.
-==See also==
-{{Portalbox|Mississippi|Schools|LGBT}}
-* [[LGBT rights]]
-{{-}}
-==References==
-{{Reflist|2}}
-==External links==
-*[http://www.itawambacountyschools.com/ Itawamba County School District]
-*[http://www.aclu.org/lgbt-rights/fulton-ms-prom-discrimination ACLU case summary]
-[[Category:Itawamba County, Mississippi]]
-[[Category:Lesbian history in the United States]]
-[[Category:United States LGBT rights case law]]
-[[Category:2010 in the United States|Itawamba County School District prom controversy]]
-[[Category:LGBT in Mississippi]]
-[[Category:Homophobia]]
-[[Category:School dances]]