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Judge Nixes Lesbian Teen’s Demand to Attend Official School Prom
Life Site ^ | March 25, 2010 | Peter J. Smith

Posted on 03/25/2010 1:47:21 PM PDT by NYer

ABERDEEN, Mississippi, March 25, 2010 (LifeSiteNews.com) – A federal judge has denied a lesbian student’s request that he force a Mississippi school district to re-sponsor a prom that it canceled when the student threatened litigation if she were not permitted to wear a tuxedo and bring her lesbian partner.

Although U.S. District Judge Glen H. Davidson agreed that Constance McMillen had demonstrated the burden of proof that she had a likelihood of winning her case on First Amendment grounds, he denied a motion for a preliminary injunction to force the Itawamba County school district to sponsor the prom, saying that it would not serve the public interest.

Officials at Itawamba Agricultural High School had canceled the prom, saying that McMillen's threat of litigation would have caused disruptions. The school had resisted McMillen’s demands that she be allowed to go to the prom in masculine clothes and bring her lesbian partner, saying it would create a disturbance that many would find uncomfortable.

The school reiterated this stance in a memo to IAHS Juniors and Seniors, explaining that guests "must be of the opposite sex." The school also stated that only men could wear tuxedos and only women could wear gowns or prom dresses.

IAHS cancelled the prom after officials received a demand letter from the American Civil Liberties Union insisting that they revoke the policy, saying it violated McMillian’s First Amendment rights to free expression and make a social and political statement on her sexual orientation.

Davidson cited a number of cases, including the famous precedent set by the U.S. Supreme Court’s “Tinker” case, to say that it appeared McMillian’s First Amendment rights had been violated.

But he added that McMillen had not proved that it served the “public interest” for the court to force the school district to sponsor the prom, pointing out that parents had already arranged a replacement prom that would be disrupted by the court ordering the school to get involved again.

The court also mentioned that it did not have the resources to plan a prom anyway.

Davidson will still hold a trial, but has so far not set a date.

Read the decision here


TOPICS: Constitution/Conservatism; Culture/Society; Philosophy; US: Mississippi
KEYWORDS: education; frivolouslawsuit; homosexualagenda; lesbian; loserpays; prom; tortreform
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1 posted on 03/25/2010 1:47:22 PM PDT by NYer
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To: little jeremiah; wagglebee

Good news ping!


2 posted on 03/25/2010 1:47:43 PM PDT by NYer ("Where Peter is, there is the Church." - St. Ambrose of Milan)
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To: NYer

Dont worry Ellen will throw her a prom...a new reality Queen....I say let them have a prom and everyone show up in a Tux.....Then who cares!!!!!


3 posted on 03/25/2010 1:49:17 PM PDT by Texas4ever (God is in control!)
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To: NYer

When common sense is newsworthy, it’s a tragedy. But at least the right decision was made.


4 posted on 03/25/2010 1:49:29 PM PDT by tbw2 (Freeper sci-fi - "Humanity's Edge" - on amazon.com)
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To: NYer

What in the world is a judge doing messing with this? Are they all crazy?

Soon we’ll have judges telling us that we have to buy health insurance or pay a federal fine.

What’s that you say...?


5 posted on 03/25/2010 1:50:45 PM PDT by kjo
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To: NYer
The court also mentioned that it did not have the resources to plan a prom anyway.

Why not? Put the DJ at the gavel, let the "couple" roam around... have a ball. If it can't happen in the court... maybe the local jail has an empty cell they'd be willing to use for this festive occasion.

6 posted on 03/25/2010 1:51:59 PM PDT by C210N (A government big enough to give you everything you want, is big enough to take everything you have)
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To: NYer

Headline is incorrect, judge refused to force the school to stage a prom specifically so a self-professed lesbian could bring a same sex date. The event was already cancelled for EVERYONE.


7 posted on 03/25/2010 1:54:01 PM PDT by a fool in paradise (VP Biden on Obamacare's passage: "This is a big f-ing deal". grumpygresh: "Repeal the f-ing deal")
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To: All

My problem is not with “lesbianism”, rather I have a problem with the all too often accompanying “attention whore-sim”.


8 posted on 03/25/2010 1:55:27 PM PDT by Maverick68 (w)
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To: NYer

Will she Fly and go to the Prom at Tamalpais High School?
or drive?


9 posted on 03/25/2010 1:56:14 PM PDT by ßuddaßudd (7 days - 7 ways Guero >>> with a floating, shifting, ever changing persona.....)
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To: NYer
she were not permitted to wear a tuxedo and bring her lesbian partner.

So, by this standard are schools aupposed to let young men come to the Prom wearing sheer dresses with cleavage?

Unfortunately, the Prom has ceased to be a passage into young adulthood, and instead has morphed into a pagent of self-indulgent gratification, and outrageous expence. IMHO, they should be moved from the Educational system, and into the private sector. If some parents or some group wishes to throw a Prom ... fine and good. But I see no reason why my taxes should go to fund a party.

10 posted on 03/25/2010 2:00:43 PM PDT by Hodar (Who needs laws .... when this "feels" so right?)
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To: NYer

“...and make a social and political statement on her sexual orientation.”

I wouldn’t have thought anything of a young woman showing up in a tuxedo (actually, some of the “menswear” formal attire is pretty attractive) and coming to the Prom with a girlfriend. There used to be all kinds of girls and boys who went stag to these affairs back in the really good old days [ah, before my time, but my mother told me about it]. Girls would dance with girls when the boys were too shy or away in the war. At all girl schools, there was a lot of that going on so that even the homliest young woman would have that “dress up” event.

Where I draw the line is what in the world does making a “social and political statement on her sexual orientation have to do with a high school prom????” That’s what just butters my biscuits. It shows the true colors of this “poor girl who just wants to have that cherished memory of her high school prom being denied one of her major rights of passage”. Hogwash!


11 posted on 03/25/2010 2:03:16 PM PDT by Constitutions Grandchild
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To: NYer
So, since the kid can't show damages, all this case is about is legal fees for the ACLU. In fact, this ruling is the judge basically denying the complaint (the injunctive relief WAS the case) but keeping a meanings claim in on dubious grounds so the the ALCU can rack up hours. At the hearing on the merits the Judge will throw the ACLU a bone in the form of a meaningless (and probably meritless) win to the plaintiff so he can award fees to the ACLU. $750 an hour fees. They'll make a couple hundred grand easy. And the school won't appeal.
12 posted on 03/25/2010 2:05:44 PM PDT by circlecity
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To: Hodar
But I see no reason why my taxes should go to fund a party.

That goes for Obama too!

13 posted on 03/25/2010 2:08:59 PM PDT by stumptalker
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To: NYer
She's been invited to a prom in another city. How nice for her! She ruins the prom for hundreds of other students (the prom was cancelled just because of her), and now she's invited to another prom. She gets to go to a prom, while hundreds of her classmates don't.
14 posted on 03/25/2010 2:23:42 PM PDT by my_pointy_head_is_sharp (Excuse me while I strip naked! I've got a plane to catch!)
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To: NYer; 185JHP; AFA-Michigan; Abathar; Agitate; Albion Wilde; AliVeritas; Antoninus; Aquinasfan; ...
Homosexual Agenda Ping

Freepmail wagglebee to subscribe or unsubscribe from the homosexual agenda ping list.

Be sure to click the FreeRepublic homosexual agenda keyword search link for a list of all related articles. We don't ping you to all related articles so be sure to click the previous link to see the latest articles.

Add keywords homosexual agenda to flag FR articles to this ping list.

Good news, a sane judge. Only thing I'm not happy about, if this self-identified homosexual teenager has a case with First Amendment rights to express her "orientation", why did the SCOTUS just decline to hear a case about a student who wanted to play a musical rendition of "Ave Maria" at a graduation? No words, just music! Still can't play it. So if religion is so toxic and dangerous that a muscial rendition of a religious song cannot touch the eardrums of graduation attendees, then surely a homosexual has no right to express sexual perversion at a school dance.

15 posted on 03/25/2010 2:50:49 PM PDT by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
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To: kjo

The judge got involved becuase the little pervert got the ACLU involved and took it to court. The judge didn’t volunteer to get involved.


16 posted on 03/25/2010 2:52:39 PM PDT by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
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To: little jeremiah
So if religion is so toxic and dangerous that a muscial rendition of a religious song cannot touch the eardrums of graduation attendees, then surely a homosexual has no right to express sexual perversion at a school dance.

*************************

One would think, but up is down these days.

17 posted on 03/25/2010 2:52:53 PM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: kjo
What in the world is a judge doing messing with this? Are they all crazy?

Who else is supposed to mess with it when the ACLU files a lawsuit against the school?

18 posted on 03/25/2010 2:56:44 PM PDT by VRWCmember (Give them 2.54 cm and they'll take 1.61 km.)
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To: NYer

and the RATS, take another one in the..............................HA ha!!!

19 posted on 03/25/2010 2:59:23 PM PDT by Chode (American Hedonist *DTOM* -ww- NO Pity for the LAZY)
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To: Constitutions Grandchild
There used to be all kinds of girls and boys who went stag to these affairs back in the really good old days [ah, before my time, but my mother told me about it].

There is a HUGH difference between going stag, or even going with a group of friends vs a girl showing up in a tux with her same-sex date or a guy showing up in a dress with his brokeback prom date.

20 posted on 03/25/2010 2:59:40 PM PDT by VRWCmember (Give them 2.54 cm and they'll take 1.61 km.)
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