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Back to Section One | Back to Arts & Entertainment
posted Friday, July 23, 2010 - Volume 38 Issue 30
Mississippi school pays damages to Constance McMillen
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Mississippi school pays damages to Constance McMillen

by Shaun Knittel - SGN Staff Writer

Months after Itawamba, Mississippi teen Constance McMillen suffered humiliation and harassment from the Itawamba County School District, officials agreed to have a judgment entered against them in the case where McMillen sued her school for canceling the prom rather than let her attend with her girlfriend.

The July 20 agreement ends a precedent-setting lawsuit brought by the American Civil Liberties Union (ALCU) on behalf of the 18-year-old student, McMillen, an open Lesbian, after school officials executed a cruel plan to put on a 'decoy' prom for her while the rest of her classmates were at a private prom 30 miles away.

"I'm so glad this is all over. I won't ever get my prom back, but it's worth it if it changes things at my school," said McMillen, who was harassed so badly by students blaming her for the prom cancellation that she had to transfer to another high school to finish her senior year. "I hope this means that, in the future, students at my school will be treated fairly. I know there are students and teachers who want to start a Gay-straight alliance club, and they should be able to do that without being treated like I was by the school."

According to court documents, Itawamba school officials agree to implement a policy banning discrimination or harassment on the basis of sexual orientation and gender identity - the first policy to do so at a public school in the state of Mississippi.

The school also agreed to pay McMillen $35,000 in damages and pay for her attorneys' fees.

"Constance went through a great deal of harassment and humiliation simply for standing up for her rights, and she should be proud of what she has accomplished," said Christine P. Sun, senior counselor with the ACLU LGBT project. "Thanks to her bravery, we now not only have a federal court precedent that can be used to protect the rights of students all over the country to bring the date they want to their proms, but we also have the first school anti-discrimination policy of its kind in Mississippi."

In addition to the July 20 ruling, an earlier ruling in March by the U.S. District Court for the Northern District of Mississippi said that school officials violated McMillen's First Amendment rights when it canceled the high school prom rather than let McMillen attend with her girlfriend and wear a tuxedo.

"We're pleased that the school district agreed to be held liable for violating Constance's rights. Now Constance can move on with her life and Itawamba school officials can show the world that they have learned a lesson about equal treatment for all students," said Kristy L. Bennet, co-counsel on McMillen's case. "This has been about much more than just the prom all along - it's about all of our young people deserving to be treated fairly by the schools we trust to take care of them."

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