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2010 Itawamba County School District prom controversy
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March 2012
thumb|alt=18-year-old Caucasoid female with a left-nostril piercing and the letters "NO H8" painted on her left cheek is wearing a white shirt and black coat and standing in front of a banner advertising the "GLAAD awards" and "Absolut Vodka."|Constance McMillen at the 2010 GLAAD Media Awards
The 2010 Itawamba County School District prom controversy took place in Itawamba County, Mississippi, and began when lesbian student Constance McMillen was refused permission to take her girlfriend to the Itawamba County Agricultural High School prom. As a result of a lawsuit brought against the school, the school canceled the prom. Parents were encouraged to organize a private prom, but they canceled it. A second private prom was organized and represented to be the official prom. Meanwhile, parents organized a secret prom to which McMillen was not invited and which most of the student body attended. The school district settled the lawsuit by agreeing to a payment to McMillen and adoption of a sexual orientation non-discrimination policy. July 20, 2010 Mississippi school pays damages to lesbian teen over prom dispute Turner Broadcasting System CNN Atlanta, Georgia, US http://www.cnn.com/2010/CRIME/07/20/mississippi.lesbian.settlement/ live February 27, 2011 https://web.archive.org/web/20100823022045/http://www.cnn.com/2010/CRIME/07/20/mississippi.lesbian.settlement/ August 23, 2010 mdy
Incident
In March 2010, the Itawamba County School District board made international news after it decided to cancel the prom for Itawamba Agricultural High School because 18-year-old lesbian student Constance McMillen, from Fulton, Mississippi, had requested permission to take a same-sex date to the event, and to wear a tuxedo.Miss. prom canceled after lesbian's date request Chris Joyner https://www.usatoday.com/news/nation/2010-03-10-noprom_N.htm USA Today Gannett Company McLean, Virginia, US 0734-7456 March 11, 2010 May 31, 2010 https://web.archive.org/web/20100409153723/http://www.usatoday.com/news/nation/2010-03-10-noprom_N.htm April 9, 2010 live mdy https://news.yahoo.com/s/ap/20100311/ap_on_re_us/us_lesbian_prom_date Lesbian teen back at Miss. school after prom flap Sheila Byrd (Associated Press) Yahoo! News March 11, 2010 March 11, 2010 https://web.archive.org/web/20100313090700/http://news.yahoo.com/s/ap/20100311/ap_on_re_us/us_lesbian_prom_date March 13, 2010 dead mdy http://members.kgoradio.com/kgo_archives/player.php?day=4&hour=11 Radio interview with Constance McMillan KGO (AM) March 11, 2010 March 11, 2010 https://web.archive.org/web/20100402225712/http://members.kgoradio.com/kgo_archives/player.php?day=4&hour=11 April 2, 2010 dead The school board encouraged the creation of a private prom.
McMillen called the American Civil Liberties Union (ACLU), which threatened the school with legal action. On March 10, 2010, the ACLU filed a free speech lawsuit on McMillen's behalf, seeking an injunction which would reinstate the prom. The ACLU stated that it was "shameful and cowardly of the school district to have canceled the prom and to try to blame [the student]."https://www.usatoday.com/news/nation/2010-03-11-no-prom-mississippi_N.htm ACLU files suit against Miss. school for canceling prom Chris Joyner USA Today March 11, 2010 March 11, 2010 dead https://web.archive.org/web/20100314150542/http://www.usatoday.com/news/nation/2010-03-11-no-prom-mississippi_N.htm March 14, 2010 mdy Archived athttps://www.aclu.org/files/assets/McMillen_complaint_final.pdf Constance McMillen v. Itawamba County School District Constance McMillen March 10, 2010 ACLU April 28, 2010 https://web.archive.org/web/20100425203934/http://www.aclu.org/files/assets/McMillen_complaint_final.pdf April 25, 2010 live On April 21, 2010, an amended complaint was filed, seeking compensatory damages.https://www.aclu.org/files/assets/McMillen_Amended_Complaint_04.21.10.pdf Constance McMillen v. Itawamba County School District Constance McMillen April 21, 2010 ACLU April 28, 2010 https://web.archive.org/web/20100425170201/http://www.aclu.org/files/assets/McMillen_Amended_Complaint_04.21.10.pdf April 25, 2010 livehttps://www.aclu.org/lgbt-rights/fulton-ms-prom-discrimination Fulton, MS Prom Discrimination Constance McMillen ACLU April 28, 2010 https://web.archive.org/web/20100501031702/http://www.aclu.org/lgbt-rights/fulton-ms-prom-discrimination May 1, 2010 livehttp://www.wlbt.com/Global/story.asp?S=12353293 Lesbian teenager files lawsuit against school district April 22, 2010 WLBT Raycom Media April 28, 2010 https://web.archive.org/web/20100426104917/http://www.wlbt.com/Global/story.asp?S=12353293 April 26, 2010 dead mdy-all
On a March 12, 2010 appearance on The Early Show, McMillen said that she had first asked the school principal about bringing a same-sex date to the prom in December 2009, and that he said it was not allowed, due to a concern that pairs of same-sex friends who were not in a relationship would buy less expensive couples tickets instead of individual tickets. https://www.cbsnews.com/news/lesbian-teen-speaks-out-on-cancelled-prom/ Lesbian Teen Speaks Out on Cancelled Prom The Early Show March 12, 2010 March 12, 2010 McMillen said she told him "you can't pretend like there's not gay people at our school, and if you tell people they can't bring a same-sex date, that is discrimination to them". Although the school board did not explicitly say the prom was cancelled due to McMillen's request, the cancellation came only one week after the ACLU sent a letter to the board pleading her case.
Subsequent to international press coverage of the prom's cancellation, many groups offered to sponsor a non-discriminatory prom and enough money was reportedly raised to host one. However, it was reported that adults posted signs in protest on the high school, including ones stating "What happened to the Bible Belt?" and "Gomorrah."Chris Joyner March 15, 2010 Itawamba prom hearing could be held by Monday http://www.clarionledger.com/article/20100316/NEWS/3160350/1001/NEWS dead https://archive.today/20100404203846/http://www.clarionledger.com/article/20100316/NEWS/3160350/1001/NEWS April 4, 2010 March 17, 2010 The Clarion-Ledger mdy Archived at
Court ruling
On March 23, 2010, U.S. District Court Judge Glen H. Davidson issued a ruling partly in favor of McMillen and partly favorable to the Itawamba County School District. Judge Davidson ruled that Itawamba County School District did violate McMillen's First Amendment rights by not allowing her to attend the prom with her girlfriend, not allowing her to wear a tuxedo and cancelling the prom. Judge Davidson wrote, "The court finds this expression and communication of her viewpoint is the type of speech that falls squarely within the purview of the First Amendment." However, in favor of the Itawamba County School District, Judge Davidson ruled that he would not force the school district to hold the prom since a private prom had already been planned. At the preliminary hearing, school board members testified that all junior and senior students would be allowed to attend the private prom but did not make it clear as to whether or not same-sex couples would be allowed to attend.Chris Joyner March 24, 2010 Both sides claim win in lesbian's prom lawsuit http://www.clarionledger.com/article/20100324/NEWS/3240360 dead https://archive.today/20100324075829/http://www.clarionledger.com/article/20100324/NEWS/3240360 March 24, 2010 March 24, 2010 The Clarion-Ledger mdy Archived at McMillen received no official information on, nor an invitation to, the private prom. March 23, 2010 Judge: School violated lesbian's rights, but prom cancellation valid CNN http://www.cnn.com/2010/LIVING/03/23/mississippi.lesbians.prom/index.html dead March 24, 2010 https://web.archive.org/web/20100325032525/http://www.cnn.com/2010/LIVING/03/23/mississippi.lesbians.prom/index.html March 25, 2010 mdy
During the hearing, the school board testified that they cancelled the prom because the "media attention generated distracted the school from its educational mission, and that the board cancelled the prom in an attempt to restore order." Judge Davidson said he was not swayed by that testimony because the high school's own principal had testified to the opposite, saying that "e-mail and phone calls generated by the controversy had no impact on classroom instruction."
On July 20, 2010, the school district settled the case out of court by paying McMillen 35000 2010, paying her attorneys' fees, and agreeing to create a non-discrimination policy that includes sexual orientation.
Private prom
On March 30, 2010, The Clarion-Ledger newspaper reported that the original private prom scheduled to be held at the Tupelo Furniture Market had been cancelled after McMillen attempted to purchase a ticket. Lori Byrd, who served on the parent organizing committee of the private prom, told the newspaper that there were many parents involved who did not want to be sued for not allowing same-sex dates at the private prom, so they cancelled it.Chris Joyner March 30, 2010 Parent-sponsored prom in Itawamba canceled http://www.hattiesburgamerican.com/article/20100330/NEWS01/100330015/Parent-sponsored+prom+in+Itawamba+canceled+ live https://archive.today/20240524213852/https://www.webcitation.org/5okKwkstm?url=http://www.hattiesburgamerican.com/article/20100330/NEWS01/100330015/Parent-sponsored%20prom%20in%20Itawamba%20canceled May 24, 2024 April 1, 2010 The Clarion-LedgerArchived at However, the Northeast Mississippi Daily Journal reported the following day that a new private prom had been organized, to be held at the Fulton Country Club, and that McMillen would be allowed to attend with her girlfriend.http://nems360.com/view/full_story/6891294/article-Itawamba-prom-off--then-on-again Itawamba prom off, then on again Chris Kieffer and Alisha Wilson Northeast Mississippi Daily Journal March 31, 2010 April 1, 2010 https://web.archive.org/web/20100403215514/http://www.nems360.com/view/full_story/6891294/article-Itawamba-prom-off--then-on-again April 3, 2010 dead mdy-all Archived at
McMillen and her date attended the prom, but found only five other students in attendance including two students "with learning difficulties."http://www.advocate.com/News/Daily_News/2010/04/05/ACLU_Investigating_Fake_Prom/ McMillen: I Was Sent to Fake Prom Unknown The Advocate April 5, 2010 April 5, 2010 https://web.archive.org/web/20100407020535/http://advocate.com/News/Daily_News/2010/04/05/ACLU_Investigating_Fake_Prom/ April 7, 2010 live Archived at A second private prom had been arranged by parents, to be held in the community of Evergreen, and the rest of the students attended that prom instead of the Fulton Country Club prom.http://nems360.com/view/full_story/6946554/article-UPDATE--McMillen-attends-sparse-Itawamba-prom UPDATE: McMillen goes to Itawamba County prom that is sparsely attended Chris Kieffer Northeast Mississippi Daily Journal April 5, 2010 April 5, 2010 https://web.archive.org/web/20100412030511/http://nems360.com/view/full_story/6946554/article-UPDATE--McMillen-attends-sparse-Itawamba-prom April 12, 2010 bot: unknown mdy Archived athttp://www.theatlanticwire.com/features/view/feature/Lesbian-Couple-Sent-to-Fake-Prom-1015 Lesbian Couple Sent to Fake Prom Jake Simpson The Atlantic Wire April 6, 2010 April 11, 2010 https://web.archive.org/web/20100409072310/http://www.theatlanticwire.com/features/view/feature/Lesbian-Couple-Sent-to-Fake-Prom-1015 April 9, 2010 live McMillen said she was aware of the "Evergreen" event but when she asked another student if she was invited, the student told her, "the prom is at the country club." McMillen said she took that answer as a "no" in regards to her question on whether or not she was invited and details about the secret private prom were kept from her.
Students who attended the "Evergreen" prom posted photos of the event on their Facebook pages, but many of the photos were deleted after they became public. Some students said the event was not a prom but was instead a birthday party, while others said it was just a private party. However, while claiming the event was not a prom publicly, students uploaded photos from the event to their Facebook pages labeled as "Prom 2010" and posted status updates which referred to the gathering as "prom".http://www.inquisitr.com/69069/constance-mcmillen-fake-prom-confirmed/ Followup: Constance McMillen's classmates confirm prom ruse, the fact that they're bigoted Kim LaCapria The Inquisitr April 7, 2010 https://web.archive.org/web/20100411042852/http://www.inquisitr.com/69069/constance-mcmillen-fake-prom-confirmed/ April 11, 2010 live mdy http://www.torontosun.com/news/world/2010/04/07/13501391.html Students send lesbian to decoy prom QMI Agency Toronto Sun 2010-04-07 April 12, 2010 https://web.archive.org/web/20100529023839/http://www.torontosun.com/news/world/2010/04/07/13501391.html 2010-05-29http://theweek.com/article/index/201598/Mississippi_outrage_Fake_proms_for_lesbians Mississippi outrage: 'Fake proms' for lesbians Editorial board The Week Magazine April 7, 2010 April 12, 2010 https://web.archive.org/web/20100412014744/http://theweek.com/article/index/201598/Mississippi_Outrage_Fake_proms_for_lesbians April 12, 2010 livehttps://www.cbsnews.com/news/constance-mcmillen-faces-facebook-backlash-as-her-classmates-ridicule-her-online/ Constance McMillen faces Facebook Backlash as her Classmates Ridicule her Online Carlin DeGuerin Miller CBS News April 7, 2010 April 12, 2010 https://web.archive.org/web/20100411200643/http://www.cbsnews.com/8301-504083_162-20001910-504083.html April 11, 2010 live
McMillen subsequently transferred out of the Itawamba high school and into Murrah High School in Jackson, Mississippi, saying she was harassed by other students blaming her for the prom controversy.https://www.usatoday.com/news/nation/2010-07-20-lesbian-prom-lawsuit_N.htm Miss. school district settles lesbian prom-date case July 20, 2010 Chris Joyner USA Today February 19, 2012
Media and celebrity attention
The controversy brought about worldwide media attention as well as attention from celebrities.2010-03-26 School Wrong, But Prom Won't Go On News Advocate.com http://www.advocate.com/News/Daily_News/2010/03/23/McMillens_School_Wrong_But_Prom_Wont_Have_to_Go_On/ https://web.archive.org/web/20100326221718/http://www.advocate.com/News/Daily_News/2010/03/23/McMillens_School_Wrong_But_Prom_Wont_Have_to_Go_On/ dead 2010-03-26 2022-02-15
Dan Savage, a sex and relationship advice columnist and podcaster, exhorted his followers to contact the principal and superintendent of the school to protest the decision. Savage Lovecast episode 178 March 15, 2010 http://www.savagelovecast.com/episodes/178 July 31, 2013
Ellen DeGeneres invited McMillen to be a guest on her television show The Ellen DeGeneres Show. On the show, DeGeneres presented McMillen with a $30,000 scholarship, paid for and donated by Tonic.com.https://www.usatoday.com/life/people/2010-03-19-degeneres_N.htm Ellen presents $30K to lesbian teen in prom flap Associated Press USA Today March 19, 2010 April 7, 2010 dead https://web.archive.org/web/20100322212933/http://www.usatoday.com/life/people/2010-03-19-degeneres_N.htm March 22, 2010 mdy Archived at
McMillen was also invited to be a guest by Wanda Sykes on her television show The Wanda Sykes Show. On the show, Sykes noted that she was receiving the Stephen F. Kolzack Award at the 2010 GLAAD Media Awards and that award recipients, such as her, could decide who they wanted to present their award. Sykes said that she would like McMillen to come to Los Angeles, at Sykes's expense, and be the person who presented the award to her.2011-04-05 Wanda Sykes to guest as a judge on 'Drop Dead Diva' (plus more season 3 spoilers) http://insidetv.ew.com/2011/04/05/drop-dead-diva-wanda-sykes-season-3-spoilers/#more-39472 dead https://web.archive.org/web/20110408002420/http://insidetv.ew.com/2011/04/05/drop-dead-diva-wanda-sykes-season-3-spoilers/#more-39472 2011-04-08 2025-03-09 Inside TV - EW.com
Celebrity blogger Perez Hilton invited McMillen and guests of her choosing to attend at his expense a birthday bash being held for him, and she accepted. When he posted about it on his web site, he wrote that "she will be treated like a homecoming queen for the day."March 16, 2010 Constance to Party With Perez The Advocate http://www.advocate.com/News/Daily_News/2010/03/16/Constance_to_Party_with_Perez/ bot: unknown April 7, 2010 https://web.archive.org/web/20100323083356/http://www.advocate.com/News/Daily_News/2010/03/16/Constance_to_Party_with_Perez/ March 23, 2010 mdy Archived at
Along with activists Judy Shepard and Lt. Daniel Choi, McMillen was chosen as a grand marshal of the 2010 New York City Gay Pride March.http://www.torontosun.com/news/world/2010/04/15/13595146.html Gay teen banned from prom to lead NYC pride parade QMI Agency Toronto Sun April 15, 2010 April 22, 2010
The television series Drop Dead Diva based a season 3 episode on the incident (Prom, aired July 24, 2011) which had Jane Bingum representing two girls named Julia (portrayed by Josie Loren) and Nina Dunn (portrayed by Jenna Kanell) who have been denied the opportunity to go to prom by Mountainside High School's Principal Blake (portrayed by Michael Gross). Wanda Sykes portrays Judge Yvonne Wright who presided over the trial and McMillen has an uncredited cameo role as the bailiff.Jones Mia 2011-07-22 "Drop Dead Diva" tackles LGBT discrimination this week in "The Prom" https://afterellen.com/drop-dead-diva-tackles-lgbt-discrimination-this-week-in-the-prom/ 2025-03-09 AfterEllen en-USDrop Dead Diva: Season 3, Episode 5 https://www.rottentomatoes.com/tv/drop-dead-diva/s03/e05 2025-03-09 Rotten Tomatoes en
In 2012, McMillen appeared with Lance Bass (from NSYNC) in Mississippi I Am, a documentary by Harriet Hirshorn and Katherine Linton about young gay Mississippians.Mississippi: I Am https://www.cultureunplugged.com/documentary/watch-online/play/51205/Mississippi--I-Am www.cultureunplugged.com 19 July 2019Knegt Peter 'Cloudburst,' 'Kuchu' Tops Winners at 36th Frameline Film Festival https://www.indiewire.com/2012/06/cloudburst-kuchu-tops-winners-at-36th-frameline-film-festival-46306/ 19 July 2019 indiewire.com 27 June 2012
The 2016 Broadway musical The Prom, and subsequent 2020 film adaptation, were inspired by the events.
See also
Mississippi Schools LGBTQ
Fricke v. Lynch
Hall v Durham Catholic School Board
LGBT rights
References
2
External links
Itawamba County School District
ACLU case summary
Itawamba County School District prom controversy
Itawamba County School District prom controversy
Itawamba County School District prom controversy
Category:Homophobia in the United States
Category:Education in Itawamba County, Mississippi
Category:Lesbian history in the United States
Category:LGBTQ in Mississippi
Category:United States LGBTQ rights case law
Category:Student rights
Category:History of women in Mississippi
Category:Prom
Category:LGBTQ-related education controversies