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News & ArtsWednesday, April 21, 2010
News We Haven't Forgotten About You, Itawamba Agricultural
Posted by Dan Savage on Wed, Apr 21, 2010 at 2:11 PM
The ACLU has amended its lawsuit against Itawamba County School Board and Itawamba Agricultural High School:
On March 23, the U.S. District Court for the Northern District of Mississippi issued a preliminary ruling in McMillen's case that school officials violated McMillen's First Amendment rights when it canceled the high school prom rather than let McMillen attend with her girlfriend and wear a tuxedo. The court stopped short of ordering Itawamba Agricultural High School (IAHS) to put the school prom back on the calendar relying on assurances that an alternative “private” prom being planned by parents would be open to all students, including McMillen.However, according to legal papers, at a meeting with school officials, parents then decided to cancel that private prom without notifying McMillen because they did not want to allow McMillen to attend, instead organizing a “decoy” prom for McMillen and her date and still another prom for the rest of the class. McMillen and her date then attended the event the school had told her was “the prom for juniors and seniors” on April 2, where they found only seven other students attending. Principal Trae Wiygul and several school staff members were supervising that event while most of McMillen's classmates were at the other prom in Evergreen, Mississippi....
“After the court ruled that IAHS acted illegally when it canceled the prom, we hoped that Constance would be able to attend the private prom without further incident,” said Christine P. Sun, Senior Counsel with the ACLU national LGBT Project, who represents McMillen along with the ACLU of Mississippi. “But instead there was a malicious plan to further ostracize and humiliate her. It is hard to conceive of adults behaving in such a cruel way.”
Can't wait to see how that federal judge feels about all those school officials lying to him. Under oath. Which is a crime. And a distraction.
3
Good, I'm glad to see they're following up on this. I got an ACLU letter in the mail (one of those monthly "this is how we're spending the money you're donating" ones) only a couple days after Dan had posted the follow up about how they ducked their promise to the judge.
4
I didn't realize that she had to transfer out of the school even though she made comments at the GLAAD awards about the hate and bullying being hard on her.
Keep your chin up Constance. You've got bigger and better things coming your way.
Keep your chin up Constance. You've got bigger and better things coming your way.
5
Let's recapitulate, Counselor-
1- The Court issued a preliminary ruling that school officials violated McMillen's First Amendment rights when it canceled the high school prom.
2- The school holds a prom, chaperoned by Principal Trae Wiygul and several school staff members, to which McMillian was invited and which she (and date) attended, resplendent in her Tuxedo.
....and now your problem is, what, exactly?
1- The Court issued a preliminary ruling that school officials violated McMillen's First Amendment rights when it canceled the high school prom.
2- The school holds a prom, chaperoned by Principal Trae Wiygul and several school staff members, to which McMillian was invited and which she (and date) attended, resplendent in her Tuxedo.
....and now your problem is, what, exactly?
6
@5 Are you reeally that naive, or are you just another bigoted troll who dosen't know anything about the legal process?
9
I'm not clear on what the school officials would've lied under oath about, exactly. If I have the timeline right, school officials told the judge that parents were planning a private 'but inclusive' prom (which I guess they possibly could've been doing at the time) because supposedly that's what they knew to the best of their knowledge, then after that exchange with the judge, school officials learn the parents are now planning something different. I'm not a legal expert, but I thought when a person is under oath that they just have to answer to the best of their ability at the time they’re questioned, and they weren’t under any obligation to go back and update testimony unless they were asked about the issue under oath again. Am I wrong on this?
I absolutely hope the ACLU find an honorable and legal way to enact some righteous vengeance upon those school officials, I just don't see how they actually perjured themselves.
I absolutely hope the ACLU find an honorable and legal way to enact some righteous vengeance upon those school officials, I just don't see how they actually perjured themselves.
10
Oh, how wildly inconsistent the many many depositions would be!!!! Now that they have publically humiliated Constance, the planning and mechanics of that humiliation should all be relevant matters for subpeonas. The parents who conspired with the principal to set up the fake and real prom are all fodder for sworn depositions too!
They will totally settle this puppy.
They will totally settle this puppy.
14
In think I'm inclined to agree with @9, not sure what has been done illegally...but obviously this was an awful, awful spiteful move on behalf of the parents and admin of that school. I can almost imagine that "prom planning committee" on that one-- I'm sure they were aghast that someone would push those values on them, so they hit back with all the tolerant love they could muster.
If only Constance could play left tackle, then Sandra Bullock would have fought for her on her behalf....
If only Constance could play left tackle, then Sandra Bullock would have fought for her on her behalf....
15
@9 - I don't think this is so much a perjury issue as a sanctions issue. If you tell a judge you're going to do something and don't, you need to go back and correct that, even if at the time you said something you honestly believed it was the case. For the attorney especially, there is a duty of candor to the court, which means more than just not technically lying. Of course, the school's attorney may not have known anything. Also, the court can always punish a party for misbehavior if the judge thinks he's been deceived, which in this case might be summary judgment, punitive damages, sanctions in the form of fines, etc.
16
The school system put on a prom and Constance was invited.
They did better than they told the Judge they would do.
You girls are in for a heap of disappointment.
They did better than they told the Judge they would do.
You girls are in for a heap of disappointment.
18
I am hesitant to get too hopeful about this aspect of the case. Given that the first private prom was cancelled because the parents didn't want Constance to attend, the school officials have some plausible grounds to argue they did their best to ensure she was invited. That they were aware of the second private party and said nothing demonstrates unbelievable callousness, but again they can argue that they responded in the best way they could to comply with the court's directives, by reinstating an 'official' prom. What is really needed to nail them on this aspect is to show that they supported the private prom in some way, that they lifted a finger or let any school resources be used to organize it.
The overall case is still strong regardless, with everything Constance went through flowing from the initial discriminatory rules and viscious decision to cancel the original prom.
The overall case is still strong regardless, with everything Constance went through flowing from the initial discriminatory rules and viscious decision to cancel the original prom.
19
Was anything technically illegal done? Damned if I know - my head is spinning with all the legal stuff. I guess what I'm most appalled about is that adults actually plotted to exclude a kid from what should have been an inclusive celebration because... why? They think she's immoral? They didn't like her tux? They wanted to punish her for putting them in the spotlight? I just don't understand that kind of spitefulness. I can't imagine modeling that kind of behavior for my children. I guess I'm just generally mind-boggled by the mean-spiritedness and bigotry that underlies all of this.
20
can't we get the names of the seven other attending students, so we can say, right on for NOT being the hater-jackasses that every other douchehound in your school is? really. credit where it is due, please.
21
As if Constance hasn't gotten enough flack from her classmates and community, then this happens:
Westboro Baptist Church will picket the graduation of Itawamba Agricultural High School to remind the parents, teachers and students of this nation that God said “Thou shall not lie with mankind, as with womankind, it is abomination.” Leviticus 18:22. This generation has been raised to believe that they can live for the devil and still go to heaven, that God has no standards and the biggest lie of all – that God loves everyone. The parents of Fulton, MS feign outrage that a filthy dyke wants to parade her “girlfriend” around at their night of fornication called a prom. They had a duty to teach their children what the Lord requires of them. They shirked this duty. The Lord repays them to their face by sending dykes, burning in their lusts, to tyrannize them. “For this cause God gave them up to vile affections: for even their women did change their natural use which is is against nature.” Romans 1:26"
http://www.autostraddle.com/constance-mc…
http://www.facebook.com/group.php?gid=11…
Westboro Baptist Church will picket the graduation of Itawamba Agricultural High School to remind the parents, teachers and students of this nation that God said “Thou shall not lie with mankind, as with womankind, it is abomination.” Leviticus 18:22. This generation has been raised to believe that they can live for the devil and still go to heaven, that God has no standards and the biggest lie of all – that God loves everyone. The parents of Fulton, MS feign outrage that a filthy dyke wants to parade her “girlfriend” around at their night of fornication called a prom. They had a duty to teach their children what the Lord requires of them. They shirked this duty. The Lord repays them to their face by sending dykes, burning in their lusts, to tyrannize them. “For this cause God gave them up to vile affections: for even their women did change their natural use which is is against nature.” Romans 1:26"
http://www.autostraddle.com/constance-mc…
http://www.facebook.com/group.php?gid=11…
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