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Victory for Constance: School District Agrees to Pay Lesbian Teen $35,000

Victory for Constance: School District Agrees to Pay Lesbian Teen $35,000

Readers will likely be familiar with the Constance McMillen story: Itawamba County High School canceled its prom rather than allow McMillen, 18, to bring her female date and wear a tuxedo.

McMillen, with the help of the American Civil Liberties Union (ACLU), then sued, and while the judge said he could not reinstate the prom, he did find that the board infringed McMillen’s First Amendment rights and that McMillen was made to face serious harm because of the board’s actions. Therein she was given the nod to sue for damages. McMillen duly filed, but today the ACLU released a statement confirming that the school district has agreed to pay $35,000 plus court costs and, vitally, that the board will now enact a non-discrimination policy to protect LGBT kids.

The following ACLU press release details why victory for Constance means victory for many more LGBT kids too:

ABERDEEN, MS – Itawamba County School District officials agreed to have a judgment entered against them in the case of a recent high school graduate who sued her school for canceling the prom rather than let her attend with her girlfriend. The agreement ends a precedent-setting lawsuit brought by the American Civil Liberties Union on behalf of 18-year-old Constance McMillen, who suffered humiliation and harassment after parents, students and school officials executed a cruel plan to put on a “decoy” prom for her while the rest of her classmates were at a private prom 30 miles away. 

“I’m so glad this is all over. I won’t ever get my prom back, but it’s worth it if it changes things at my school,” said McMillen, who was harassed so badly by students blaming her for the prom cancellation that she had to transfer to another high school to finish her senior year. “I hope this means that in the future students at my school will be treated fairly. I know there are students and teachers who want to start a gay-straight alliance club, and they should be able to do that without being treated like I was by the school.”

As set forth in documents filed in court today, school officials agreed to implement a policy banning discrimination or harassment on the basis of sexual orientation and gender identity, the first policy to do so at a public school in the state of Mississippi. The school also agreed to pay McMillen $35,000 in damages and pay for McMillen’s attorneys’ fees.

“Constance went through a great deal of harassment and humiliation simply for standing up for her rights, and she should be proud of what she has accomplished,” said Christine P. Sun, senior counsel with the ACLU Lesbian, Gay, Bisexual and Transgender Project. “Thanks to her bravery, we now not only have a federal court precedent that can be used to protect the rights of students all over the country to bring the date they want to their proms, but we also have the first school anti-discrimination policy of its kind in Mississippi.”

In addition to today’s legal judgment against the school, an earlier ruling in the case set an important precedent that will help prevent other students from suffering the kind of discrimination McMillen experienced. In March, the U.S. District Court for the Northern District of Mississippi issued a 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.

“We’re pleased that the school district agreed to be held liable for violating Constance’s rights. Now Constance can move on with her life and Itawamba school officials can show the world that they have learned a lesson about equal treatment for all students,” said Kristy L. Bennett, co-counsel on McMillen’s case. “This has been about much more than just the prom all along – it’s about all of our young people deserving to be treated fairly by the schools we trust to take care of them.”

After IAHS’s original prom date was canceled by school officials in response to McMillen’s request that she be allowed to bring her girlfriend and wear a tuxedo, parents organized a private prom at which district officials told a federal judge McMillen and her date would be welcome. That private prom was then canceled as well, allegedly because parents did not want to allow McMillen to attend, instead organizing a “decoy” prom for McMillen and her date and 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.

“We hope this judgment sends a message to schools that they cannot get away with discriminating against lesbian, gay, bisexual, and transgender students. LGBT youth just want to be treated like their peers and do all the normal high school things, like going to the prom with the date they choose,” said Bear Atwood, Interim Legal Director at the ACLU of Mississippi. “We’re very proud of Constance for standing up not just for her rights but the rights of LGBT students everywhere.”

McMillen is represented by Sun, Bennett and Atwood, as well as by Norman C. Simon, Joshua Glick and Jason Moff of Kramer Levin Naftalis & Frankel LLP, and Alysson Mills of New Orleans.

The case name is Constance McMillen v. Itawamba County School District, et al. Additional information is available at www.aclu.org/lgbt-rights/fulton-ms-prom-discrimination. There is also a Facebook group for people who want to support McMillen, “Let Constance Bring Her Girlfriend to the Prom,” at www.facebook.com/pages/Let-Constance-Take-Her-Girlfriend-to-Prom/357686784817.

Due to the persecution she faced from her peers, McMillen was forced to transfer to another school in order to graduate. However, McMillen has managed to keep a calm grace throughout it all, and has even found time to see the humor in this awful situation, telling one reporter:

“There was a girl at school who wore a T-shirt that said, ‘THANKS, CONSTANCE, FOR RUINING THE PROM.’

“It was ridiculous. Maybe I should wear a T-shirt that says, ‘YOU’RE WELCOME’ on one side and ‘LESBIAN WHO RUINED THE PROM’ on the other. What do you think?”

Constance has inspired many in her battle against discrimination. In fact, Derrick Martin, a Georgia teen whose family kicked him out after the media attention he garnered for taking his own same-sex date to prom (with the school’s blessing) has, in the past, credited McMillen as an inspirational figure. Martin has now forged his own trailblazing path and has set up Project LifeVest, an organization designed to help abandoned LGBTQ youth. Find out more about Project LifeVest here.

The importance of the school’s enacting a non-discrimination policy that protects students on the basis of their sexual orientation and gender identity can not be overstated, but the fight for a federal non-discrimination policy that would protect all LGBT kids goes on.

Here is Constance McMillen telling you a little about a piece of legislation called the Student Non-Discrimination Act and asking for your support in an ACLU video that was recorded just a few weeks ago:

Click here to sign our Care2 petition and support the Student Non-Discrimination Act to ensure that public schools do not discriminate against students on the basis of their LGBT identity. Signed it already? Thank you. Please consider forwarding the petition to your friends.

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134 comments

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3:02PM PDT on Nov 2, 2011

... cont. from previous post. By your argument the schoolboard has the right to protect the majority of it's students (presumably non-rosary wearing) from the minority which poses some named or unnamed danger to them. However, the ACLU is arguing that this rule infringes on the girl's right to free speech and that she wears the rosary not to identify with any gang but as a symbol of her deep religious convictions. So I'm wondering if you believe the schoolboard is right in this case or not? Since once again they are attempting to "protect" a majority of students with their rule.

2:59PM PDT on Nov 2, 2011

It goes to show that standing for your rights does pay off. Way to go!

2:56PM PDT on Nov 2, 2011

@Clayton B. I'm assuming you're American, if I'm incorrect I apologize... it's beyond me how some Americans (maybe fundamentalists in other countries think this too) get this idea that the majority can supersede minority rights in the case of civil rights. It's just not the case. The constitution of most democratic nations allow some rights to be inalienable... in other words they are fundamental rights of every citizen/inhabitant of that country. The right to free speech is considered one of those in the US. If at anytime the wishes/beliefs/desires of a majority infringe on one of these civil rights of a minority then those wishes/beliefs/actions are considered illegal which is why Constance won her case. The fundamental principle of democratic nations IS NOT majority rules - the fundamental principal is that NO ONE can take away your civil rights - not a majority, not a single person, not the government. The majority of parents/students in Constance's school did not have their rights infringed upon because they were allowed to go to the prom, dress as they chose and bring who they chose. However they denied that right to Constance... again a majority belief is not legally allowed to take away someone else's constitutional rights. Let's look at another case the ACLU is fighting - one where a school is attempting under the guise of discouraging gang related identifying markers to refuse a student's right to wear a rosary. By your argument they have the right to protect the ma

6:34AM PST on Feb 3, 2011

I hope this victory will spread to all schools in the nation so each and every student can feel safe.

6:18AM PDT on Oct 4, 2010

The school district has a right to enforce its policies in order to protect the majority of its students.

Clay Boggess
http://www.BigEventFundraising.com

10:59AM PDT on Sep 12, 2010

This took a lot of guts. Good for you!

7:34PM PDT on Aug 22, 2010

wow!! I don't know how I missed this story but how very sad. Atleast they paid her attorney fees and paid a settlement. Its a decent start on paying for a college degree. if she's careful with the money this could fund a masters degree! :)

2:48AM PDT on Aug 6, 2010

That is all it is worth for what they did to Constance? 35K? Nobody punished, in terms of reality, and soon it will pass from history . . . till the next school board wrongs a student for whatever reason.

6:01PM PDT on Jul 29, 2010

I admire Constance for being such a brave young woman. Congratulations!

12:24PM PDT on Jul 26, 2010

I'd read about this on care2. Good for you Constance- You're a beam of light in the darkness of inequality. Rock on.

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