constance mcmillen

Is Itawamba County Liable For Students Going to the ‘Other’ Prom?

Constance McMillen’s lawsuit against the Itawamba County School District was updated this week to include charges that the school’s “fake” prom was intentionally set up by school officials in their continuing exercise in infringing on Constance’s First Amendment rights. The federal lawsuit is looking for compensatory damages for Constance’s “public humiliation and disparagement.” The evidence? This bullshit.

And while it may be hard to argue that the disgusting behavior of students on Facebook is the responsibility of school administrators, we’re certainly interested to see if this lawsuit can actually pin on Itawamba any legal responsibility for hosting a prom they knew wouldn’t be attended, because they helped set up the second prom Constance wasn’t invited to.

Get Queerty Daily

Subscribe to Queerty for a daily dose of #aclu #constancemcmillen #itawambaagriculturalhighschool stories and more


  • Troy

    As long as school officials weren’t acting under their authority as officials, and didn’t utilize school resources, then I doubt the lawsuit will be successful. I have no doubt these officials DID coordinate this punking with the despicable parents and others who planned and publicized the “private” prom, but they will certainly lie, and it would be hard to prove anything. Let’s see if any school staff were at the “private” prom, let’s see if those pictures end up being listed as “prom” pictures in the yearbook, etc. Constance was quoted as hearing that there was another prom being planned, so it seems reasonable there was at least one person in that town who spoke to her. However, it remains true that hundreds of people agreed to keep it a secret for no real reason other than to “teach that dyke a lesson”. They wanted history to show that the town won, not the ACLU. Constance wasn’t coming to prom with a parade of dancing leathermen to perform a sexy number on stage. She would have walked in the door and disappeared like everyone else does. It’s impossible that she would have “ruined” the prom. Someone influential had it in for her.

  • BootsieGee

    @Troy – You make an interesting point about the prom pictures for the yearbook. It would seem to me that if the “non-prom” pictures are put into the year book as prom pictures, it would be more evidence as the exclusion of Constance and the other 6 attendees. This is something I has not thought of.

  • Cam

    Additionally, the schools lawyer announced the Fake Prom as a representative of the school. It could tie them to it nicely.

    Oh, and countdown to the anti-gay inbred bigots from this town coming on to this post and attacking Constance for “Just wanting attention” and saying that the kids had the right to exclude her from prom for that.

  • Mike in Asheville, nee "in Brooklyn"

    There is more than one way in which lawsuits provide successful results. Winning a judgment is certainly a welcomed way for a plaintiff. But there is also the the cost-of-defense, time, money and energy, to the defendants.

    If I were in the financial position to do so, I would make an example of these vile bigots. Naturally, Constance would need to okay this too. Left to my own, and again, if I had the financial ability to flush $1 million away, I’d finance a lawsuit naming each and every person who participated in the “punking”: each and every student over 18 who attended the real prom, the parents of each student under 18, each chaperone, each employee of the venue present from waiters/waitresses to managers to valets, every owner, board member and officer of the venue, every teacher and administrator who participated, and all the same for those who put on the fake prom. Additionally, with the support of the at least 1 of the 7 other students, I’d include claims under the Americans with Disabilities Act as the other students were subjected to the same vile treatment. Yes, several hundred defendants, each paying for legal representation.

    And, since the federal judge had already ruled that the school district and its board were violating Constance’s civil rights, I would work hard behind the scenes arguing with the many defendants insurance carriers that they should not underwrite any legal expenses since all defendants knew what they were doing was illegal.

    Chance of getting to trial, perhaps not too much. Cost to all the defendants, say $10-25K each; in the future, the bigots around the country will think hard before undertaking such vile actions against a kid who just wants to go to the prom with the date of their own choice.

    Oh well, nice thought but I’ll need to win MegaMillions first.

  • edgyguy1426

    Mike if I win I’ll split the cost with you. :)

  • jowwie

    I think that all parties need to just move on. I’m sorry that Constance didn’t have the prom she wanted but ten years from now she won’t even remember it and she probably won’t remember any of the kids who excluded her from their party.

    But let’s just get real about this, unless some school officials are mighty, mighty stupid and got together to plan this it’s just a bunch of the “cool kids” deciding to throw a party and exclude the “uncool”. How many times does that happen all around the world in a course of a day?

    All of these kids are seniors which means they have at the most two months left in school before they graduate. Constance needs to just let it go, finish her classes and then get the hell out of that hick town as soon as possible.

Comments are closed.