School Did Discriminate Against Queer Student, But Prom Stays Cancelled

by Alex DiBranco · 2010-03-24 15:48:00 UTC
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Constance McMillin won her case, but the victory feels a little hollow.

The Mississippi high school student was banned from bringing her girlfriend to the prom and wearing a tuxedo. When McMillin protested and the American Civil Liberties Union got involved, the school reacted by canceling prom for everybody. Yesterday, a judge ruled that her school had, indeed, violated her First Amendment constitutional rights. But Judge Glen Davidson won't be forcing the school to reinstate prom.

Why not? The judge feels that forcing the (homophobic) school administration to sponsor the dance once again would "confuse and confound the community on this issue," especially since two private alternative proms have already been organized: one organized by fellow students and parents, where it seems McMillin is not welcome, and an inclusive one by the Mississippi Safe Schools Coalition.

McMillin says she understands the rationale for not reinstating the school prom and the decision has been declared a victory for her. Well, I guess sort of. But what about the next time this happens? Already, McMillin's case felt a little like deja vu. In order to make sure another LGBTQ student doesn't suffer the way McMillin did, we need to pass the Student Non-Discrimination Act.

SNDA would bar schools from discriminating based on students' sexual orientation or gender identity, and provide real ways for students to make certain their rights are upheld. Please sign this petition to call on your representatives to stand behind SNDA.

Photo credit: adamr.stone

Alex DiBranco is a Change.org Editor who has worked for the Nation, Political Research Associates, and the Center for American Progress. She is now based in New York City.
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