McMillen v. Itawamba County School District

702 F. Supp. 2d 699 (2010)

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McMillen v. Itawamba County School District

United States District Court for the Northern District of Mississippi
702 F. Supp. 2d 699 (2010)

  • Written by Galina Abdel Aziz , JD

Facts

Constance McMillen (plaintiff) was a senior at Itawamba Agricultural High School (the school) in Itawamba County School District (the district) (defendant). McMillen had been open about being a lesbian since the eighth grade. In 2010, McMillen asked her girlfriend to the school prom, and her girlfriend accepted. McMillen asked Rick Mitchell, the assistant principal, for permission to attend the prom with her girlfriend. Mitchell rejected the request and told McMillen that McMillen and her girlfriend could attend only with male dates. McMillen asked Principal Trae Wiygul and Superintendent Teresa McNeese for permission to bring her girlfriend and wear a tuxedo. Wiygul and McNeese rejected her request, telling McMillen that the girls could not slow dance and had to wear dresses. McMillen contacted the American Civil Liberties Union (ACLU), and the ACLU wrote a letter to the school demanding a change in policy. The school canceled the prom, and the parents privately organized and funded a separate prom. McMillen sued the district, seeking a preliminary injunction and alleging that the school had violated the First Amendment of the United States Constitution by refusing to allow same-sex couples to attend the prom.

Rule of Law

Issue

Holding and Reasoning (Davidson, J.)

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