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Constance McMillen Brings Her School District To Court To Fight For Her Rights!!

| Filed under: Icky Icky PooGay Gay GayLegal MattersInspirationLGBT


It has begun!

As we've reported, Constance McMillen is the Mississippi teenager who has been fighting for her right to bring her girlfriend as a date to her high school's prom. She has made national headlines for her bravery and grace during a very public ordeal, and is now testifying in a US district court case against her school district!!

Of course, NOW the school officials are claiming they thought about canceling the prom even BEFORE Constance came forward with her request!

In the proceedings yesterday, Superintendent Teresa McNeece testified that they were concerned about the use of drugs or alcohol at a school-sponsored prom, so they were hesitant to hold the event from the getgo.

YEAH RIGHT! Like possible drug and alcohol use has ever stopped most high schools from throwing proms before??

She also attempts to blame McMillen for causing massive disruptions with her request.

"We were being hounded every day. Our students were being hounded. We were having a tough time of any bell-to-bell instruction."

Of course, during her cross-examination, apparently McNeece could not give any specific as to what those disruptions were. We're guessing because there WERE NONE.

The American Civil Liberties Union, who represent Constance and are behind the lawsuit, claimed in court that the school district has violated the teen's First Amendment right and claim that the outpour of resentment and anger was only AFTER the school cancelled prom, not while Constance made her request.

McMillen claims that the day prom was cancelled she had to leave school because the backlash from her peers was so intense:

"There were so many dirty looks. A lot of people didn't like me very much."

Poor thing!

US District Judge Glen H. Davidson has not specified when he will make his final ruling on the matter.

In the meantime, parents have reportedly been organizing a prom for the students, but Constance claims she has not been told about it!

Nice! What a great example to set for your kids, folks!

Luckily, the ACLU is organizing its own prom on May 8th that is open for everyone but specifically geared toward other gay students!

Good! Everyone deserves a High School prom!

Your courage has truly touched us, Constance!! Keep that head held high, you're in our thoughts!!

[Image via AP Images.]

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55 comments to “Constance McMillen Brings Her School District To Court To Fight For Her Rights!!”

  1. 1

    i wish this girl the very best of luck. she is incredibly brave to keep powering forward through this. someday, once we have won civil rights for gay people, she will be lauded as a great hero. and i really hope that day comes soon!

  2. 2

    I call bullshit that the School Board considered cancelling the prom before Constance made her request. Mississippi is so fucking backwards….still have segregated proms. Disgusting.

  3. 3

    I am so proud of this girl, Do you guys remember how hard high school was by itself. But you've put your foot down and your changing the World, really. Best wishes to you and your lady!

  4. 4

    You go girl! We so proud!

  5. 5

    having a prom geared towards gay students isnt the solution… thats just segregation. people should be able to attend ONE prom no matter what orientation, race, gender, whatever….

  6. 6

    im actually taking law classes and because she is still in high school she does have the first amendment right if this goes to supreme court they will have to throw it out

  7. 7

    I hope she wins a shit load of money out of this..Fuck the South

  8. kaya says – reply to this


    Was she asked to provide specifics about the dirty looks she received?

  9. 9

    but 'i do think Ellen should have thrown her a kick A$$ prom, then the kids would, drop the beef.

  10. 10

    HERO! All the love and power to you for being a Freedom Fighter! You are an inspiration to us all!

  11. 11

    I bet any amount of money she ends up marrying a guy.

    She's a "L.U.G." a "lesbian until graduation".

  12. 12

    Keep your head up Constance!

  13. 13

    Sister shoulda just brought her prom date, with no warnings. You should'nt HAVE to ask, it is your right bring anyone you want.

    It's odd that a man can marry a pillow, but a gay person can't bring their date to prom, AND…omg…this school is SO cruel to do this, KNOWING she'd get the brunt of their insipid decision.

  14. 14

    Just get two male gay friends to couple up with you and your girl & then switch. You don't have to ruin it for everyone to make a point. I hope ALL her school friends agree with this BS. This is why gays get all the hate. It is constantly "Look at me, look at me". We know you are there. Get over yourself.

  15. 15

    I think this story is really weird. I don't see what the school's problem is-it's absurd. I'm a girl who brought my friend to the prom who was younger than me-not as my date, but she was still a girl and my best friend. I didn't have a boyfriend at the time and thought it would be more fun to just have prom be a girl's night…this is so so so weird to me! What's the problem of being a girl and bringing another girl to prom with you to dance and have fun? Did I just wake up in 1955?

  16. 16

    The main thing about this story that saddens me is that when the school cancelled the prom the students turned on her, instead of turning on the homophobes in the teachers' lounge. And it's vile that they are now supposedly having a prom that she isn't invited to. Backward place.
    Go Constance, you're one brave girl.

  17. 17

    this is the deep south, mario, no one should be surprised that they are against 2 days or 2 lesbians going together as dates. Most schools, you do not need to have a date anymore, but the south is set in traditions. Not saying this is good or bad. Now, you are going 'poor girl' because she LEFT SCHOOL because of DIRTY LOOKS? THAT IS SEVERE BACKLASH? That is not going to get her ANYTHING. If she is going to live a different life style, she is going to have to get used to more than 'dirty looks'. She better go climb in a hole and cover herself up if she can't handle dirty looks and thinks that is severe. and as for the parents organizing a prom for students and she wasn't told about it, well, SHE KNOWS ABOUT IT, DOESN'T SHE? Sounds like an informal thing, we don't have any info and she did not receive anything saying NOT TO COME. again, half a story, not all the story, and mario making up alot between the lines. blah blah blah.

  18. 18

    I hope she wins and helps move the gay rights movement forward

    Gossip with a social conscience? Check out GenerationGossip.com

  19. 19

    I hope this girl stays as strong as she is and keeps fighting the fight babygirl!!

  20. 20

    Pigshit, this is such old news. I agree with the fact she should be able to attend her prom with whomever she wants. They should not have cancelled the prom.

  21. 21

    I went to prom with a girl and a guy. Talk about some freaky shit for high school. HA. Don't kids go with their friends all the time? Do they get questioned if they are sleeping together?
    This school needs to look at their leadership.

  22. 22

    Re: brunette87 – I was just going to post something like this. So, then the kids who AREN'T gay wouldn't feel comfortable going to a gay prom? Just make one prom.

  23. 23

    Good! I hope that judge rules in Constance's favor and TPTB at the school are removed.

  24. 24

    You're an idiot, Mario. Stop making shit up just to stir the pot.

  25. 25

    She's doing the right thing. I hope she wins her case and shuts the haters up.

  26. Ammie says – reply to this


    Re: kaya – The "dirty look" is a specific . . . but I guess she could be more specific. This girl is very brave. It's people like this that make the world a better place.

  27. 27

    This is ridiculous! Even when I was in HS back in the end of the '90's, there were a few girls in my school who were very openly gay and took girlfriends to the prom AND wore tuxes. No one batted a fucking eyelash @ that, and it was in Montana, one of the most backwards, bigoted western states there is. It's sad and sick that she has to endure this.

  28. 28

    It just a shame that in this year 2010, ignorance is still so out there and hurtful.

  29. 29

    Has anyone notified the people of Aberdeen, Mississippi that it is now 2010? Maybe they still think it's 1965. I cannot fathom the backward thinking that is going on in that city, and I live in South Texas!

  30. 30

    i am so proud of u gurl u go gurl and do u!!!!

  31. 31

    Fuck this little LUG (lesbian until graduation) If she would have never made her intentions public to the school they would have never known. She was trying to cause problems!!!!!! good for the school! I for one am tired of of gays throwing their lifestyle in everyone faces!!!!

  32. 32

    Like you said "Everyone deserves a High School prom!" . Deserves, maybe. It is not a right though. Again, let's go get Alec Baldwin to scream Selfish little pig at her like he did with his daughter. This kid is a selfish little girl that is being manipulated by the media and the thoughts of being famous and rich. Fame is not cheap. All it will cost her is the respect and kindnedd of her peers, but in Hollywood, she will be welcomed like a hero.

  33. 33

    First of all, this did not occur in Aberdeen, MS, it occurred in Itawamba, MS. This is one school district in the entire state so it is very ignorant and also stupid to say the entire state of Mississippi and the South in general is "backwards". I have never heard of another school district in this area not allowing a girl to bring a girl to prom or vice versa, much less not allowing a student to wear what he or she wanted, so long as it wasn't indecent and followed standard dress code. The school district made a stupid decision by canceling the prom, they should have known that the decision would be challenged and overturned and would cause the school and state negative attention. I love being from Mississippi, and while the state maintains conservative values, we're not still casting stones at people and segregating proms down here. One stupid administration shouldn't allow stereotypes to be created. Things like this happen all throughout the US unfortunately. I just hope she did not do this for the attention and that she is genuinely standing up for her rights and will use the scholarship money to further her education.

  34. 34

    The school's decision to cancel the prom over this matter is entirely ridiculous and outrageously discriminatory , and their back-treading now is entirely in weak character of the district officials. However, as reluctant as I am to say this, I not sure of the ACLU's legal claims. They're suing on the grounds that McMillen's First Amendment rights (specifically, freedom of expression) were violated and demanding that school reinstate the prom. However, the First Amendment prohibits the making of any state or local government laws impeding these rights. The main issue will be whether or not prom is a state affair, given its ties to a state funded public schools, and thereby protected under these First Amendment rights. It is a point that could be argued, given that this prom was (most likely) sponsored by the student counsel - an organization directly affiliated with the school district. Otherwise, the precedent has already been established that the state government has no bearing on regulating inclusion or exclusion on a non-state affair. Legal outcomes aside, I think these school officials should be ashamed of themselves. And as for the principle saying he's been called a bigot, well, bigot is as bigot does.

  35. 35

    Ok i live in the south and even we dont have these kinds of problems. My school is FULL of gays, pregnant people, and crazy people, and not once have we ever canceled a prom!

  36. 36

    Selfish girl consumed with herself and her 15 minutes.

  37. 37

    Team McMillen!!

  38. 38

    Not saying that I agree with them at all but.. several schools in the area HAD already cancelled prom sponsored by the school.. The students can still organize one but it has nothing to with the school. My old high school has been doing it for several years..

  39. 39

    Perez, you should also look into the case of Marc Hall vs. Durham Catholic School Board. It was a case in 2002 in which a gay Canadian teen wanted to bring his date to the prom. He wasn't allowed so he sued the school board and WON!! Its crazy that this exact thing happened 8 years ago…you would think that people would have learned something between now and then but obviously that's not the case. I wish Constance all the best of luck!!

  40. 40

    I hope she doesn't get a dime.
    The school can cancel a dance for whatever reason it wants, with no explanation.
    This girl wasn't harmed, hell she's getting her 15 minutes and loving it.
    If the students were so upset, rent a hall, throw your own prom and let whoever wants to come buy a ticket.

  41. 41

    Re: kaylahlove

    No , there is not an outright ban on first amendment rights in highschools just limits - this being a novel factual scenario it will heard - the AMERICAN CIVIL LIBERTIES UNION would not be involved unless this was a case that could be heard at the supreme court.
    But honestly she should have just sued for discrimination….bringing a date to the prom is not an exercise in free speech or political statement , nor should it be….the ACLU wants to make it a political speech statement (and its sad that bringing your girlfriend to the prom can still be characterized as an exercise in freespeech in 2010) , but the poor girl is probably better suing for the $$ so she can pay for college,…a constitutional case will take forever and her life have no sense of normalcy.

  42. 42

    Re: cookereh – Thats a pretty ignorant opinion. The bigger issue here isnt about the prom, and renting a hall if they really wanted to. Its about human rights, and how her human rights were completely ignored.

  43. 43

    Re: guiltypleazure – Maybe her GF went to a different high school or was out of high school. Because when I was in high school anyone who wanted to bring someone to prom that was outside from the school (ie: other high schools) They would have to interview that person to make sure that they aren't going to endanger other students. Also, they have to be under the age of 21.

  44. 44

    I'm not gay, but this is bullshit. Here in Las Vegas, nobody is denied access to dances. That sucks.

  45. 45


  46. 46

    Re: balls deep

    Ignorant P.O.S. you don't know what you are talking about, the south has a lot of rules about dances, and you probably had to declare your date, and the fact that you feel gays 'throw it in your face' means you have the problem not the gays living their lives in a free country.

  47. 47

    It is tpta;;y her fault. She ruined everyones highschool experience just because she wanted to make waves. If she is so into cross dressing and wearing tuxs, then why is she always slathered in makeup like a hooker when the cameras are on? She did this solely for the attention it would get her. She ruined highschool dreams out of her selfishness.I hope she gets what she deserves. She deserves to be left out of the PARENT FUNDED prom, since she destroyed any chance of their kids having one sponsored by the school. All she had to do was shut her mouth and just show up in the tux, she didn't have to make such a biog deal about it before hand. I have no pity for her, nor anything that might happen to her

  48. 48

    eww. she has ruined prom for everyone she deserves more than dirty looks.she is gay. so what? is that something to be proud of?

  49. 49

    Re: cynthia mignonbebe – yes actually. she has so much to be proud of because she stood up for herself and for her rights. All that is so much more important than a high school prom.

  50. 50

    Uhm, Prom is NOT a right! Get over it Perez. Schools have the right to cancel EXTRA CURRICULAR ACTIVITIES! You are pathetic.

  51. 51

    she doesn't want attention you dumb ass ! gay just want the same right as anyone you should not have to switch with someone else to bring the person you love at your prom! anyway I guest some people will never understand if there not confront so I wish you a lesbian for a child you'll learn that everyone is the same !

  52. 52

    The actions of the school should not have been to cancel Prom in general. They should have just resorted to keeping this chil from attending Prom. This dance is an ongoing annual celebration that has been going on for as long as our parents, parents can remember and was not started or made for gays. If she were allowed to bring another girl as her date then she is destroying the simple excellence of what Prom is. The last big bang for seniors to be with one another and to bring a date to have the best time possible. Whether everybody likes it or not gays are not fully accepted in America and are not given the same rights and until that day does comes pety arguments such as this one should never happen. This girl could have easily registered her and her date on seperate tickets and not together and then jus showed up together but instead she has taken it as some sort of challenge to the school to what my thoughts are to jus get attention or to stick out from the rest. The facts are certain events will never be for gays and long standing traditions of America are not the time and place to be trying new things to distinguish yourself from others.

  53. 53

    I wish the school district was a person so I could slap it in it's stupid face. What a bunch of ignorant rednecks. Go read a fucking book for crissakes.

  54. 54

    This article proves that America yet again are behind the times when it comes to human rights yet there the ones that have a civil rights bill that everyone prasies.
    im sorry but this shows that yet again america is going backwards rather than forwards. i think rights for gay people shouldnt be an issue because it should already be accepted as a basic human right. i think its disgusting that it isnt. and some people who rejecting this right because of religious veiw should get off their high horse, isnt it god who created these people, in his veiw, therefore arent u the ones that are going against god not them.

  55. 55

    Colin Farrell recalls the trauma experienced by his gay brother and calls for an end to homophobia

    Thursday, 08 April, 2010

    Speaking from Los Angeles actor Colin Farrell has issued a statement in support of BeLonG To Youth Service’s STAND UP! Campaign against homophobic bullying of gay young people.

    Colin recalls is memories of how his gay brother Eamon was terribly treated when they were young and growing up in Dublin.

    Colin Farrell’s statement:

    "I can't remember much about the years of physical and emotional abuse my brother Eamon suffered. I was very small. The thing i do remember though, quite literally, is blood on his school shirt when he came home in the afternoon. The beatings and taunting were very frequent for my him and a constant part of his school years. I didn't understand at that time the concept of 'difference'. Back then, as now, he was just my big brother. If I did understand what difference was I understood it in the most pure and unaffected childlike way. To me then, as a child, difference meant being left out. Joy and laughter came with being included, being embraced , and BELONGING to.