All she wanted to do was take her girlfriend to the prom like any other gay American high-schooler.
But after her Mississippi high school cancelled prom rather than allow Constance McMillen and her girlfriend to attend as a couple, the American Civil Liberties Union stepped in Thursday to file a lawsuit against the school.
The ALCU alleges the actions of Itawamba Agricultural High School in Fulton, Miss., are a violation of the student's right to freedom of expression, and has asked the U.S. District Court in the state to reinstate the prom.
“All I wanted was the same chance to enjoy my prom night like any other student,” McMillen, 18, said in an ALCU release Thursday. “But my school would rather hurt all the students than treat everyone fairly.
“This isn’t just about me and my rights anymore – now I’m fighting for the right of all the students at my school to have our prom.”
The ACLU says the First Amendment in the U.S. Constitution guarantees students’ right to bring same-sex dates to school dances, and cites previous court rulings that determined other parties’ objections don’t justify censorship.
The ACLU says the school further violated McMillen’s free expression rights by telling her that she couldn't wear a tuxedo to the prom.
“It’s shameful and cowardly of the school district to have cancelled the prom and to try to blame Constance, who’s only standing up for herself,” said Christine P. Sun, senior counsel with the ACLU and McMillen's lawyer.
The prom was to take place April 2.
The school has not commented on the lawsuit.
Meanwhile, a Facebook page to support McMillen's cause had attracted 7,400 fans as of Thursday afternoon.
