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
I’m going to buy another set of McGuffy’s Readesr. I had one and gave it to a home schooling mother. They didn’t used to be afraid of God in schools!!
No. Those were the days!
It’s interesting how a woman can wear men’s garments and still look feminine,even sexy. In fact,I looked through a GQ once and a supermodel was wearing what she called “boy’s underwear”. Thankfully that works out for we ladies. It really didn’t look “gay” at all! But then there are those lesbos who really look like boys.When a guy dresses like a girl,or woman,then it really is gay. I’m glad I can be a tomboy without being a lesbo!
Suspect this kid is no “lesbian” at all - just a useful idiot for the ACLU.
Excellent point, LJ.
???
A trial about what?
A couple of generations ago it was perfectly acceptable to express religious feelings and thought in public places, including the halls of government, schools and so on. I remember reciting the Lord’s Prayer in grade school - I was raised in a godless household and knew nothing about God or religion, but dutifully recited the prayer (with no understanding) but who knows - maybe a seed was planted that helped bring me to the truth of God later on.
“Soon we’ll have judges telling us that we have to buy health insurance or pay a federal fine.”
Something that radical will never happen in this country.
Having said that, had she and her significant other been engaged in kissing, fondling on the dance floor, I would have immediately made her aware of the rules that SHOULD apply to ALL in attendance — it's a dance, not a bordello. You want to do that — get a room, but NOT HERE. My point is that this school district allowed itself to be used to further an agenda many of us find reprehensible and they keep doing it. This IS (for the short term) still America — your right to swing your fist ends at my nose. Cross that line, and you might find it uncomfortable.
If the district had simply allowed the girls to come to the prom, then the other kids would have shrugged the two weirdos off and gone on with their evening. I swear nothing more would have come of it (trust me, I remember how self-absorbed I was at that age — it's all about the dress and the date, baby!!!)
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