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Lesbian teen sues school over prom flap

by Sheila Byrd
| March 11, 2010 8:00 PM

JACKSON, Miss. - Constance McMillen didn't believe her Mississippi school district would really call off her senior prom rather than allow her to show up with her girlfriend and wear a tuxedo.

On Thursday, a day after the Itawamba County school board did just that, the 18-year-old lesbian high school senior reluctantly returned to campus to some unfriendly looks, she said.

"Somebody said, 'Thanks for ruining my senior year.'" McMillen said.

The district announced Wednesday it wouldn't host the April 2 prom. The decision came after the American Civil Liberties Union demanded that officials change a policy banning same-sex prom dates because it violated students' rights. And the ACLU said the district not letting McMillen wear a tuxedo violated her free expression rights.

The ACLU filed a lawsuit in U.S. District Court in Oxford to force the school district to sponsor the prom and allow McMillen to bring whom she chooses and wear what she wants.

District officials didn't returned numerous calls left by The Associated Press seeking comment on Thursday.

McMillen said she never expected the district to respond the way it did.

"A lot of people said that was going to happen, but I said, they had already spent too much money on the prom" to cancel it, she said. "I'm just trying to get done what I originally wanted done. Now, we're having to fight just to have a prom."

McMillen said she didn't want to go back to Itawamba County Agricultural High School in Fulton the morning after the decision, but her father told her she needed to face her classmates, teachers and school officials.

"My daddy told me that I needed to show them that I'm still proud of who I am," McMillen told The Associated Press in a telephone interview. "The fact that this will help people later on, that's what's helping me to go on."

A school board statement said it wouldn't host the event in Fulton, "due to the distractions to the educational process caused by recent events" but never mentioned McMillen or her girlfriend, who also is a student at the school.

Same-sex prom dates and cross-dressing are new issues for many high schools around the country, said Daryl Presgraves, a spokesman for GLSEN: Gay, Lesbian and Straight Education Network, a Washington-based advocacy group.

"A lot of schools actually react rather than do the research and find out what the rights of these students are," said Presgraves, who was preparing to facilitate a discussion about anti-gay bullying at a National Association of Secondary School Principals meeting.

U.S. Rep. Jared Polis, D-Colo., said a bill he's introduced in Congress would protect students such as McMillen. Polis said the measure would make it illegal to discriminate against gay and lesbian school students. He said his bill is modeled after similar laws in at least 10 states.