2010 Itawamba County School District prom controversy
Encyclopedia
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 bring her girlfriend as a date, and to wear a tuxedo
, 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.
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. The school board encouraged the creation of a private prom. On March 10, 2010, the American Civil Liberties Union
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]". On April 21, 2010, an amended complaint was filed, seeking compensatory damages. A court hearing was scheduled to take place on Monday, March 22, 2010.
On a March 12, 2010 appearance on the national CBS Early Show
, McMillen claimed 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. 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.
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. 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
".
issued a ruling in favor of both McMillen and the Itawamba County School District. Judge Davidson ruled that Itawamba County School District did violate McMillen's 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. 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." 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. 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. McMillen received no official information on, or an invitation to, the private prom.
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". 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".
The school was later ordered to pay $35,000 in damages to McMillen, pay her attorneys' fees and create a non-discrimination policy.
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. 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. However, the Northeast Mississippi Daily Journal
reported the following day that a new official private prom had been organized, to be held at the Fulton Country Club, and that McMillen would be allowed to attend with her girlfriend.
McMillen and her date attended the prom, but found only five other students in attendance including two students "with learning difficulties". 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 official private prom. 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.
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".
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.
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.
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."
Along with activists Judy Shepard
and Lt. Daniel Choi, McMillen has been chosen as a Grand Marshall of the 2010 New York City Gay Pride March.
The television series Drop Dead Diva
based a season 3 episode on the incident. Wanda Sykes
plays the judge and McMillen has a cameo role as a bailiff.
Itawamba County, Mississippi
In 2000, there were 8,773 households out of which 33.20% had children under the age of 18 living with them, 60.30% were married couples living together, 9.90% had a female householder with no husband present, and 25.90% were non-families. 23.40% of all households were made up of individuals and...
, and began when lesbian
Lesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
student Constance McMillen was refused permission to bring her girlfriend as a date, and to wear a tuxedo
Tuxedo
A tuxedo is a type of semi-formal dress for men.Tuxedo may also refer to:-Places:Canada* Tuxedo, Winnipeg, Manitoba, a city neighborhood** Tuxedo , a provincial electoral district in Manitoba...
, to the Itawamba County Agricultural High School prom
Prom
In the United States and Canada, a prom, short for promenade, is a formal dance, or gathering of high school students. It is typically held near the end of the senior year. It figures greatly in popular culture and is a major event among high school students...
. 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.
Incident
In March 2010, the Itawamba County School DistrictItawamba County School District
The Itawamba County School District is a public school district based in Fulton, Mississippi . The district's boundaries parallel that of Itawamba County.-Schools:*Tremont Attendance Center , Principal Michael Cates...
board made international news after it decided to cancel the prom
Prom
In the United States and Canada, a prom, short for promenade, is a formal dance, or gathering of high school students. It is typically held near the end of the senior year. It figures greatly in popular culture and is a major event among high school students...
for Itawamba Agricultural High School because 18-year old lesbian
Lesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
student Constance McMillen had requested permission to take a same-sex date to the event, and to wear a tuxedo. The school board encouraged the creation of a private prom. On March 10, 2010, the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
filed a free speech lawsuit on McMillen's behalf, seeking an injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
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]". On April 21, 2010, an amended complaint was filed, seeking compensatory damages. A court hearing was scheduled to take place on Monday, March 22, 2010.
On a March 12, 2010 appearance on the national CBS Early Show
The Early Show
The Early Show is an American television morning news talk show broadcast by CBS from New York City. The program airs live from 7 to 9 a.m. Eastern Time Monday through Friday; most affiliates in the Central, Mountain, and Pacific time zones air the show on tape-delay from 7 to 9 a.m. local time. ...
, McMillen claimed 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. 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.
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. However, it was reported that adults posted signs in protest on the high school, including ones stating "What happened to the Bible Belt
Bible Belt
Bible Belt is an informal term for a region in the southeastern and south-central United States in which socially conservative evangelical Protestantism is a significant part of the culture and Christian church attendance across the denominations is generally higher than the nation's average.The...
?", and "Gomorrah
Sodom and Gomorrah
Sodom and Gomorrah were cities mentioned in the Book of Genesis and later expounded upon throughout the Hebrew Bible, the New Testament and Deuterocanonical sources....
".
Court ruling
On March 23, 2010, U.S. District Court Judge Glen H. DavidsonGlen H. Davidson
Glen H. Davidson is a United States federal judge.Born in Pontotoc, Mississippi, Davidson received a B.A. from the University of Mississippi in 1962 and a J.D. from the University of Mississippi Law School in 1965. He was a City prosecutor, Tupelo, Mississippi in 1965. He was a U.S. Air Force...
issued a ruling in favor of both McMillen and the Itawamba County School District. Judge Davidson ruled that Itawamba County School District did violate McMillen's First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
rights by not allowing her to attend the prom with her girlfriend, not allowing her to wear a tuxedo and cancelling the prom. 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." 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. 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. McMillen received no official information on, or an invitation to, the private prom.
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". 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".
The school was later ordered to pay $35,000 in damages to McMillen, pay her attorneys' fees and create a non-discrimination policy.
Fake prom
On March 30, 2010, The Clarion-LedgerThe Clarion-Ledger
The Clarion-Ledger is the Pulitzer Prize winning daily newspaper of Jackson, Mississippi. It is the second oldest company in the state of Mississippi and is one of only a few newspapers in the nation that continues to circulate statewide...
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. 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. However, the Northeast Mississippi Daily Journal
Northeast Mississippi Daily Journal
The Northeast Mississippi Daily Journal is the largest daily newspaper in northeast Mississippi. It was first published in 1872. In 1934 it was taken over by George Mclean, a proponent of leftist social policies. It is based in Tupelo, Mississippi and owned by Journal, Inc...
reported the following day that a new official private prom had been organized, to be held at the Fulton Country Club, and that McMillen would be allowed to attend with her girlfriend.
McMillen and her date attended the prom, but found only five other students in attendance including two students "with learning difficulties". 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 official private prom. 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.
Students who attended the "Evergreen" prom posted photos of the event on their Facebook
Facebook
Facebook is a social networking service and website launched in February 2004, operated and privately owned by Facebook, Inc. , Facebook has more than 800 million active users. Users must register before using the site, after which they may create a personal profile, add other users as...
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".
Media and celebrity attention
The controversy brought about world wide media attention as well as attention from celebrities.Ellen DeGeneres
Ellen DeGeneres
Ellen Lee DeGeneres is an American stand-up comedienne, television host and actress. She hosts the syndicated talk show The Ellen DeGeneres Show, and was also a judge on American Idol for one year, having joined the show in its ninth season....
invited McMillen to be a guest on her television show, The Ellen DeGeneres Show
The Ellen DeGeneres Show
The Ellen DeGeneres Show, often shortened to Ellen, is an American television talk show hosted by comedian/actress Ellen DeGeneres. Debuting on September 8, 2003, it is produced by Telepictures and airs in syndication, including stations owned by NBC Universal. For its first five seasons, the show...
. On the show, DeGeneres presented McMillen with a $30,000 scholarship, paid for and donated by Tonic.com.
McMillen was also invited to be a guest by Wanda Sykes
Wanda Sykes
Wanda Sykes is an American writer, stand-up comedian, actress, and voice artist. She earned the 1999 Emmy Award for her writing on The Chris Rock Show. In 2004 Entertainment Weekly named Sykes as one of the 25 funniest people in America...
on her television show, The Wanda Sykes Show
The Wanda Sykes Show
The Wanda Sykes Show was an American talk show hosted by comedian Wanda Sykes on Fox that debuted on November 7, 2009. The show was announced in March 2009 by the president of Fox, Kevin Reilly...
. On the show, Sykes noted that she was receiving the Stephen F. Kolzack Award at the 2010 GLAAD Media Awards
GLAAD Media Awards
The GLAAD Media Award is an accolade bestowed by the Gay & Lesbian Alliance Against Defamation to recognize and honor various branches of the media for their outstanding representations of the lesbian, gay, bisexual and transgender community and the issues that affect their lives...
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.
Celebrity blogger Perez Hilton
Perez Hilton
Mario Armando Lavandeira, Jr. , better known as Perez Hilton , is an American blogger and television personality. His blog, Perezhilton.com , is known for posts covering gossip items about celebrities...
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."
Along with activists Judy Shepard
Judy Shepard
Judy Shepard is the mother of Matthew Shepard, a 21-year-old student at University of Wyoming who was murdered in October 1998...
and Lt. Daniel Choi, McMillen has been chosen as a Grand Marshall of the 2010 New York City Gay Pride March.
The television series Drop Dead Diva
Drop Dead Diva
Drop Dead Diva is an American legal comedy-drama/fantasy television series that debuted on Lifetime on July 12, 2009. The hour-long series, which was created by Josh Berman, is produced by Sony Pictures Television...
based a season 3 episode on the incident. Wanda Sykes
Wanda Sykes
Wanda Sykes is an American writer, stand-up comedian, actress, and voice artist. She earned the 1999 Emmy Award for her writing on The Chris Rock Show. In 2004 Entertainment Weekly named Sykes as one of the 25 funniest people in America...
plays the judge and McMillen has a cameo role as a bailiff.