Posted on 03/23/2010 1:32:54 PM PDT by RabidBartender
JACKSON, Miss. – A federal judge ruled Tuesday that a Mississippi school district violated a lesbian student's rights by refusing to allow her to bring her girlfriend to the prom, but he said he would not force the school to hold the event.
(Excerpt) Read more at news.yahoo.com ...
Yes. From what I understand, the school's expressly forbid the student from attending prom with her "girlfriend". They also told her she couldn't wear a tuxedo. Both actions are plain violations of the girl's 1st Amendment right.
The school's attorney probably told them that they'd lose the case after the girl threatened to sue the school to be able to attend. So, the school canceled the prom, rather than capitulate. The girl sued anyways, asking the federal court to force the school to hold the prom. The Court found that the school violated the girl's 1st Amendment rights, but that the school didn't have an obligation to hold the prom.
The girl, I'm sure, will amend her original complaint, seeking damages for the original ban. She'll win, easily. That's it, in a legal nutshell.
The US Constitution expressly forbids the US government (in this case, the public school), from denying citizens the freedom of assembly, which is also known by the legal term , freedom of association.
They couldn't have meant for ME to follow the rules!
It seems to me that if the "injured" party chooses to pursue this she doesn't have much of a chance of getting much $$$ (if any) from a Mississippi jury.The plaintiff would be wise to ask for a change of venue to San Francisco or Boston.
>the US government (in this case, the public school), from denying citizens the freedom of assembly, which is also known by the legal term , freedom of association.
We deny the same right to smokers.....
And she could have attended, not in a tux and without an explicit date. Inside, well, prolly no one would care.
But she had an ax to grind, and did so.
Instead of being gracious and not wrecking the occassion for the rest of her classmates, her petulant and self absorbed narcisstic behavior spiked the prom for everyone.
Well, I’m certain you are correct in a strictly legalistic manner.
The ruling was pretty much the outcome I was expecting.
It’ll be interesting to see how the school proceeds from here with prom-like activities - i.e. whether they continue to have them or not.
.Freedom of Association went out with the CRA 1964...see Title II
what about the rights of those who DON”T want to associate?
it’s the same thing
tyranny of the minority
my kids got to a school with 2 non Christian families in the entire 650 child student body
they refuse to call it Christmas so as not offend those two
but what do you think they call the Christmas Day bomber?
you guessed it...Christmas Day bomber....and my 9 year old gives them an earful
They also told her she couldn’t wear a tuxedo. Both actions are plain violations of the girl’s 1st Amendment right.”
How could that be a violation of her 1at Amend right? At our public school we have a dress code in effect which prohibits certain forms of dress for girls which boys can wear and vice-versa. By that reasoning most of our dress code must then be a violation of these student’s 1st Amend rights.
Whoo! Back in my day's the girls took their prom VERY seriously. I imagine there is some of the tougher girls waiting to catch these two dykes alone in the bathroom...
Not allowable in Federal civil court. A filing in SFO for an event by a school district in MI, would be dismissed sua sponte for improper venue. You can only forum shop in federal civil court for class action venues.
I suspect a private dance will be held somewhere, and she and her girlfriend will not be invited.
I didn't write the 1st Amendment, but I certainly understand how it's been applied. The application in this particular instance is crystal clear.
To your point directly, it would be unconstitutional to forbid smokers from attending the prom. It would not be unconstitutional to forbid people from smoking. See the difference?
"And she could have attended, not in a tux and without an explicit date. Inside, well, prolly no one would care."
But, she didn't have to, or so says the Constitution.
Good news.
I can't quote you the case without researching, but there have been a number of cases where a public school's prerogative to compel the donning of uniforms, was held to be constitutional. If the school had a previously existing uniform policy, it could have compelled the students to wear those uniforms, so long as it compelled all the students to wear uniforms.
It had no such policy (from what I understand), and even if it did, such a policy was not in place for the prom. As such, the student had a constitutional right to express themselves in her dress.
Hey, any government that can force you to buy insurance can force you to have a prom . . . and probably force you to go there as well!
&&&
And probably take someone of the same sex as a date....
What? Whomever told you that, needs a better understanding of the '64 Civil Rights Act. The CRA didn't undo freedom of association, it expanded and enhanced it. It expressly forbids the discrimination of citizens based upon their prior associations.
"what about the rights of those who DON”T want to associate?"
So don't associate. This isn't about the other students, this is about the government vis-a-vis the public school. The government isn't allowed to dictate who you may or may not be allowed to associate absent due process (ie, being convicted of a crime).
“How could that be a violation of her 1at Amend right? At our public school we have a dress code in effect which prohibits certain forms of dress for girls which boys can wear and vice-versa. By that reasoning most of our dress code must then be a violation of these student’s 1st Amend rights.”
In the late 1970’s, we were discussing this in the teacher’s lounge with some teachers who were attending night school to get their master’s degree. The lawyer teaching the class they were taking, stated that dress codes were not constitutional.
However, the parents and community accept them, so they are enforced, until someone actually sues, and wins in court.
Seems like a perfect solution to me.
School isn’t about dances and atheletics anyway
And probably take someone of the same sex as a date.... =
And probably force you to take someone of the same sex as a date....
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.