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Soylent Brice Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-10 08:30 AM
Original message
Prom Fight Was Worth It, Gay Teen Says
Lesbian High School Student Happy With Judge's Ruling that School Violated Her Rights, but Official Prom Remains Canceled


Constance McMillen wanted to bring her girlfriend and wear a tux to her school's prom. As a result, the prom was cancelled. She is now engaged in a legal battle with the school district. (AP Photo/Matthew Sharpe)

(CBS/AP) The lesbian student who waged a legal battle against her Mississippi high school after being denied permission to bring her girlfriend to the prom is happy with a judge's ruling that the school violated her constitutional rights and said the fight has been worth it.

"I think that the judge made a good decision," 18-year-old Constance McMillen told CBS' "The Early Show" Wednesday. "I'm glad that he did realize that the school did violate my rights."

U.S. District Judge Glen H. Davidson ruled Tuesday that Itawamba County school district's actions did violate the teen's constitutional rights but refused the American Civil Liberties Union's demand to force the district to put on the April 2 prom. Davidson said he would hold a trial on the issue.

But that would come too late for the prom to be salvaged at Itawamba Agricultural High School. Still, Kristy Bennett, ACLU Mississippi legal director, called the decision a victory.


read more: http://www.cbsnews.com/stories/2010/03/24/earlyshow/main6328407.shtml?tag=stack

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Tailormyst Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-10 08:31 AM
Response to Original message
1. Good for her, she is a courageous young woman.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-10 08:19 PM
Response to Reply #1
13. She is. I wish she was my daughter.
:)
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Heidi Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-10 08:33 AM
Response to Original message
2. Recommended.
:kick:
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Echo In Light Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-10 08:34 AM
Response to Original message
3. k/r
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-10 08:36 AM
Response to Original message
4. "that Itawamba County school district's actions did violate the teen's constitutional rights"
Edited on Wed Mar-24-10 08:37 AM by Statistical
Federal law allows plaintiffs to seek legal damages against city when Constitutional rights were willfully violated.

I hope she sues the school district for the maximum allowed by law and I hope it is 8 figures.

Then if it were me I would offer to refund 50% to school district in return for everyone involved in the decision being fired and prohibited from re-employment.


Also federal law allows the plaintiffs lawyers to collect legal fees from the city directly for violation of civil rights.

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rsmith6621 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-10 08:48 AM
Response to Reply #4
6. So In Other Words


I hope she sues the school district for the maximum allowed by law and I hope it is 8 figures

....you want other students punished for an error on a few administrators.....I say she should be able to get a settlement equal to a lifetime scholarship at any Mississippi educational facility and perhaps enough for a good start on a car/home or starting a business but 8 figures!!!!!! that will punish those not involved with this error in judgment..


Lets be reasonable...not emotional.
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-10 08:54 AM
Response to Reply #6
8. Its not emotional.
Edited on Wed Mar-24-10 08:59 AM by Statistical
You think $20,000 is going to make a city wake-up and realize they can't violate peoples civil rights.
I would be like Exxon paying punitive damages in the range of $100,000 for the Valdez oil spill.

In civil rights violations the money isn't just compensation. It is a wake-up to the city that if you keep doing dumb shit like this you eventually will be going bankrupt.

So $10 million. They do it again: $30 million. Do it again: $80 million. Do it again: $150 million. Eventually the city will need to raise taxes and raise them hard. Try to explain to a population why 30% of your annual budget is paying for "keeping the gayz out of prom".

The damages are SUPPOSE TO BE PUNITIVE. That is the point. That was the reason the federal law was passed. During civil rights movement cities in South routinely violated civil rights of Blacks. By allowing plaintiffs to sue in federal court in amounts that would be punitive to cities it created an economic incentive to not violate civil rights.

When economic power is disparate. Individual vs Corporation or Individual vs Government entity the damages must be disparate also. Governments who feel they have the power to violation Constitutional rights should have two choices: change or go bankrupt.
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rsmith6621 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-10 09:06 AM
Response to Reply #8
9. Enjoy Yourself


...punishing the children and of course...... all of us.... Give her 250K and the kids back their prom and leave it at that
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-10 09:09 AM
Response to Reply #9
11. By that logic Alaska should have gotten actual damages only from Exxon.
Edited on Wed Mar-24-10 09:11 AM by Statistical
Bigots hiding behind children are still bigots.

Governmental entities shouldn't feel they have the power to violate Constitutional rights. Even worse they shouldn't know it is wrong but do it anyways because any potential penalty is negligible. If you can't understand the moral hazard it creates to allow govt to violate rights at will then you are right there is nothing further to say.
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rsmith6621 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-10 08:18 PM
Response to Reply #9
12. Exxon Is a Private Company


....This school is a public school....
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goclark Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-10 08:38 AM
Response to Original message
5. Constance was featured on the Wanda Sykes show ~
Wanda invited Constance and her girlfriend to come to Los Angeles and be her guests when she receives an important honor next month!

Wonderful news!

For those that have not watched Wanda's show on Fox ~ you are missing a treat.

I watch it with my Mom (91 years) every week and we just love it.
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xchrom Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-24-10 08:53 AM
Response to Original message
7. Recommend - a remarkable young woman. Nt
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jeremyfive Donating Member (434 posts) Send PM | Profile | Ignore Wed Mar-24-10 09:07 AM
Response to Original message
10. To Fair-Minded Americans It Certainly Was
Edited on Wed Mar-24-10 09:08 AM by jeremyfive
Fair-minded Americans are inspired by Constance McMillen who has the courage of her convictions, just as fair-minded Americans are appalled by the offensive bigotry of the Itawamba County school board.

Can the judge pass down a sentence that is harsh enough to be meaningful to this bigoted board? Remains to be seen.

Go Constance! The issue here is important.

It is frightening that his bigoted board has influence over our children. Truely chilling.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Mar-25-10 02:24 PM
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu Mar-25-10 02:24 PM
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