Lesbian Teen's Suit Over Prom Brought To Court

Lesbian Teen's Suit Over Prom Brought To Court In Aberdeen, Mississippi officials canceled a prom when a lesbian student asked to bring her girlfriend to the function. There had apparently been issues about this even before the event.

The American Civil Liberties Union is now suing in U.S. District Court to force the Itawamba County school district to have the prom anyway and allow student Constance McMillen to bring her girlfriend and wear a tux.

The Superintendent Teresa McNeece and board Chairman Eddie Hood testified that they had already discussed not sponsoring the prom before Constance challenged the rule about same-sex dates. They feared liability problems due to teens possibly using alcohol and drugs at a school-sponsored event. However, they also decided to call off the April 2nd prom at Itawamba Agricultural High School because Constance's challenging the date rule had caused disruptions.

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

McMillen first approached school officials about bringing her girlfriend in December, and again shortly before a Feb. 5 memo about prom rules was circulated to students. Even though same-sex dates had been banned in the past, she hoped that the school would grant her request.

She was told that girls were not allowed to go to prom together and she was not allowed to wear a tuxedo. The ACLU sent a letter earlier this month demanding that she be allowed to bring her girlfriend and wear whatever she wanted.

District officials responded by canceling the event, saying they felt it was the best decision "after taking into consideration the education, safety and well being of our students."

ACLU attorney Kristy Bennett said in court Monday that they had district violated McMillen's First Amendment rights, and that it was the decision to cancel the prom - not McMillen's request to bring her girlfriend - that caused the disruptions the school officials had described.

"Any disruption came after the actual cancellation of the prom", Bennett said.

Constance testified the district's decision led to hostility toward her on campus. She said she left school early after the district's decision and didn't go to school at all the next day.

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

Principal Trae Wiygul said he had been "bombarded" with e-mails, most of them from people criticizing the district's decision.

"I've been called every name known to man", Wiygul said. "I've been called a bigot and homophobic."

U.S. District Judge Glen H. Davidson, who is hearing the case, did not say when he would rule, but said he wants to do it quickly because "time is of the essence."

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