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 ...
Amuse? Enlighten, dear one. :)
“Where did this alleged “right” come from? I don’t see it listed anywhere.”
According to the Declaration of Independence, the right came from God.
Falls under “Life, Liberty and the Pursuit of Happiness.”
My question to you: Under what Constitutional Section do you find authority to restrict, reduce or deprive the student’s rights?
So. Your evidence?
The answer to all these questions is in the negative. Unless you can provide evidence to the contrary.
Thanks for the ping. I couldn’t imagine he would force a prom on the school.
“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.”
If carefully read, the article says the Prom was set up as private, by parents—separate from the school.
The article however reverts back to reference to the school, directing policy and the dispute.
“I suspect a private dance will be held somewhere, and she and her girlfriend will not be invited.”
If that is obvious subterfuge, the court will see through it.
You would make a great liberal judge. Obama just might give you a job.
“No, you do not have a First Amendment right to attend the prom as the school is not required to have a prom. The judge is dead wrong.”
Correct, the school is not required to have a prom.
But if they have one, she can attend—it is her right.
So rules the judge.
“You now no longer have the right to refuse service based on your own values. “
“Your own values” doesn’t apply for public institutions.
Schools, restaurants, military, etc.
And set the admission price(funds to go the feds)and force you to actually dance also. However, I believe the judge got it right about the free association, first amendment and all.
LOL...who told me that...you act like I’m some kid. here ya go from an organization that as a libertqariqan sort I bet you support:
and many many books on how the CRA1964 made freedom of association a pale imitation of the right it once was
by the logic of your last line then the school has literally no right to ban students for any behavior except proven criminal to activities
are you in favor of homosexual marriage as well?
There has been no trial on this issue as far as damages. The judge said the prom did not have to be conducted. Also, one judge does not equate cash for the gay teen. You will be wrong AGAIN!
Plenty of girls show up together at proms. They go as singles without dates, or they go together as friends. Whatever the situation, probably no one would’ve looked twice if these two girls had worn prom dresses and walked into the prom holding hands or locked arm-in-arm.
But, this girl was looking to serve an agenda. So, she went to the school and said she wanted to wear a tuxedo and escort a 16 year-old girl as her date. Why was she reporting anything to the school? Why not just buy the tickets and show up? She must’ve been looking for a “no” answer. And, to make sure the answer was “no”, she told them she wanted to wear a tuxedo.
So, this case is really about dress code. The girl (very shrewdly) connected the dress code with the “date”, which is why the judge ruled as he did.
But, if she can wear a tux, why should all of the other girls be required to wear dresses? Why should the boys be required to wear tuxedos? This girl has asked for (and received) a special privilege to which the other students aren’t entitled: She is permitted to break the dress code, just because she’s “escorting” someone of the same sex.
Suppose the school hadn’t cancelled this prom: No matter what the outcome of the case, news crews and protesters would’ve shown up at this prom.
Why is it always about them making a statement? Straight couples don't go out of their way to wave straight signs or file suits. No, straight students should send a message by not inviting her to the private prom.
Haynes said. "I think that if the student prevails in this case, it will send a message to school districts that they need to accommodate students now who are openly gay and lesbian and want to participate in student activities,"
Accommodate? Is this an admission that this life style is akin to a disability?
Ellen would have done more good dividing that $30,000 up between several bright students who needed college funds but then it's to be expected.
No. Why, are you thinking about it? I hear DC is beautiful this time of year, good luck to you and your husband.
Incidentally, painting the '64 Civil Rights Act as some kind of prohibition on your freedom to assemble, is right out of the Klan playbook.
Do you know this to be true? Can you cite a media report that has "plenty of girls showing up together at their proms"?
If you had taken the time to read the complaint, the plaintiff was forbidden from purchasing a "couples" ticket. Couples tickets were apparently more expensive than two single's tickets.
You may think it's a great idea to let the state determine whom you may date. I don't.
I don't approve of homosexual behavior, but at the same time it's none of the government's damn business to determine who is a couple, and who is not a couple. At least that's the way it should work in a free republic.
Where did I say that there was a trial? Stop putting words in my mouth.
The judge said the prom did not have to be conducted.
Right. And he also said the girl's constitutional rights had been violated. If you think that bodes well for the defendants chances at trial, then you haven't been in too many courtrooms. This will never go to trial, because the school district will settle this loser.
Also, one judge does not equate cash for the gay teen. You will be wrong AGAIN!"
For me to be wrong again, would mean that I was wrong a first time. I'm pretty sure that I haven't been wrong on any of the facts.
There are many books that state dinosaurs and humans once roamed the earth together. Quantity doesn't equate to factual accuracy.
Gender specific dress codes at public schools is unsettled law. There are conflicting decisions in multiple jurisdictions. As of yet, the Supreme Court has yet to set binding precedent.
"Give me evidence, then, that the 1st or 14th amendment govern conduct and dress code decisions for a dance."
Give you evidence? Do you have three extra years to devout to law school? Short of that, I can't help you. If you don't understand how the 14th applies here, you're never going to get.
"Nobody said she could not attend "on account of being a lesbian." On the contrary, I don't think anyon even inquired into her type or degree of sexual attraction. "
Did they explicitly say that? Probably not. What they said was she was not allowed to buy a couple's ticket (which is priced differently than two single tickets). That certainly says something, implicit, and apparently the judge agreed.
"You haven't yet established that a Constitutional right has in fact been violated. "
Again, if you don't understand the principles of freedom to assemble, and equal protection, I probably can't help you.
"Once again, this is the disputed question. It can't serve as an a priori assumption, nor be proven by assertion."
I have not yet read the decision, as I haven't been able to access PACER. But, if media reports are to be believed - and why would they say something so easily disproved - the judge said in his order refusing to grant a TRO, that the girl's civil rights were violated. I can't think what other civil rights may have been violated besides the 1st and the 14th. If you have other suggestions, I'm all ears.
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