Court Rules That Mississippi School Violated First Amendment Rights Of Lesbian Student
Alternative MSSC Prom Open To All Students Will Be Held May 8
FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org
ABERDEEN, MS 鈥� A Mississippi federal court today ruled that school officials violated a lesbian student鈥檚 First Amendment rights when it canceled the high school prom rather than let the student attend with her girlfriend. The U.S. Court for the Northern District of Mississippi stopped short of ordering Itawamba Agricultural High School to put the school prom back on the calendar because of assurances that an alternative 鈥減rivate鈥� prom being planned by parents would be open to all students. The 吃瓜直播 had requested a preliminary injunction stopping the Itawamba County School District from canceling the prom and from prohibiting Constance McMillen from bringing her girlfriend as a date and wearing a tuxedo to the event.
鈥淚t feels really good that the court realized that the school was violating my rights and discriminating against me by canceling the prom. All I ever wanted was for my school to treat me and my girlfriend like any other couple that wants to go to prom,鈥� said McMillen, an 18-year-old senior at Itawamba Agricultural High School in Fulton, Mississippi. 鈥淣ow we can all get back to things like picking out our prom night outfits and thinking about corsages.鈥�
In the 12-page ruling, the court wrote, 鈥淭he record shows Constance has been openly gay since eighth grade and she intended to communicate a message by wearing a tuxedo and to express her identity through attending prom with a same-sex date. The Court finds this expression and communication of her viewpoint is the type of speech that falls squarely within the purview of the First Amendment. The Court is also of the opinion that the motive behind the School Board's cancellation of the prom, or withdrawal of their sponsorship, was Constance鈥檚 requests and the 吃瓜直播鈥檚 demand letter sent on her behalf.鈥� Further, the court says that since the school represented the private prom being organized by parents at a furniture store as open to all students, then the court expects that event will indeed invite McMillen and her girlfriend.
McMillen said that she plans to attend the 鈥減rivate鈥� prom, but has also long planned to attend the Mississippi Safe Schools Coalition鈥檚 Second Chance Prom, to be held Saturday, May 8 in Tupelo. That event, sponsored by Green Day, Tonic.com, Iron Chef Cat Cora, and Lance Bass, among others, will be open to all LGBT students in the state, as well as straight students who are LGBT-supportive. The MSSC and the 吃瓜直播 deal every year with complaints from LGBT students all over Mississippi who face resistance from their schools about bringing same-sex dates to proms or who don鈥檛 feel safe going to their own school proms.
鈥淭oday鈥檚 ruling isn鈥檛 just a win for Constance and her girlfriend 鈥� it鈥檚 a win for all the students at her school, and for all lesbian, gay, bisexual, and transgender students who just want to be able to be themselves at school without being treated unfairly,鈥� said Kristy Bennett, Legal Director of the 吃瓜直播 of Mississippi. 鈥淧ublic schools can鈥檛 just stomp on students鈥� free expression rights just because they don't want to deal with these students, and if schools do try to do that they鈥檒l be dealing with us.鈥�
鈥淲e are grateful and happy that IAHS鈥檚 attempt to cancel the prom has been seen for the thinly-veiled ruse to violate Constance McMillen鈥檚 First Amendment rights that we always knew it was,鈥� said Christine P. Sun, Senior Counsel with the 吃瓜直播 national LGBT Project, who represents McMillen along with the 吃瓜直播 of Mississippi. 鈥淭hese school officials should be ashamed of themselves for trying to scapegoat a young girl and then trying to lay the blame for their bad behavior at her feet.鈥�
McMillen鈥檚 case attracted national attention and dozens of offers to host or help fund an alternative independent prom from around the country after school officials announced they were canceling the IAHS prom. The school board canceled IAHS鈥� prom shortly after the 吃瓜直播 and the Mississippi Safe Schools Coalition demanded that the district reverse its decision to prohibit McMillen from attending the prom with her girlfriend, also a student at IAHS. According to McMillen, school officials told her that she could not arrive at the prom with her girlfriend and that they might be thrown out if any other students complained about their presence at the April 2 event. Since McMillen鈥檚 case was filed, a Facebook page set up for her case has attracted over 400,000 supporters to date.
McMillen is represented by Bennett and Sun, as well as by Norman C. Simon and Joshua Glick of Kramer Levin Naftalis & Frankel LLP, and Alysson Mills of New Orleans.
The case name is Constance McMillen v. Itawamba County School District, et al. Additional information is available at /lgbt-rights/fulton-ms-prom-discrimination. There is also a Facebook group for people who want to support McMillen, 鈥淟et Constance Bring Her Girlfriend to the Prom,鈥� at .
The Mississippi Safe Schools Coalition was formed in the fall of 2008 to address discrimination faced by lesbian, gay, bisexual and transgender students, or students perceived to be LGBT, in Mississippi public schools and colleges. The MSSC works closely with the 吃瓜直播 of Mississippi to educate teachers, students, and administrators about the rights of LGBT students with the aim of making schools safer for all. The MSSC is youth-led, and any questions about student rights at prom, starting a gay-straight alliance club, or any other safe schools issues can be directed to Ashley Jackson, facilitator, at ashley@mssafeschools.org. More information about MSSC and the Second Chance Prom can be found at the Mississippi Safe Schools Coalition website at .
LGBTQ Rights
McMillen v. Itawamba County School District
LGBTQ Rights
McMillen v. Itawamba County School District
Learn More 吃瓜直播 the Issues in This Press Release
-
PodcastMay 2025
Civil Liberties
+3 Issues
We鈥檙e Still Ready: Trump鈥檚 First 100 Days With Cecillia Wang. Explore Podcast.We鈥檙e Still Ready: Trump鈥檚 First 100 Days with Cecillia Wang
-
Press ReleaseMay 2025
Free Speech
LGBTQ Rights
Military Families Seek Preliminary Injunction Against Censorship In Department Of Defense Schools. Explore Press Release.Military Families Seek Preliminary Injunction Against Censorship in Department of Defense Schools
ALEXANDRIA, Va. 鈥� On behalf of six military families with students enrolled in Department of Defense Education Activity (DoDEA) schools, the 吃瓜直播 today filed a motion for preliminary injunction seeking to declare DoDEA鈥檚 enforcement of executive orders resulting in classroom censorship unconstitutional. DoDEA, whose students lead the United States in math and reading proficiency scores, operates 161 schools across 11 countries, seven states, Guam, and Puerto Rico. The demand for an injunction was filed on behalf of 12 students and their families, ranging from pre-K to 11th grade, who attend DoDEA schools as children of active duty servicemembers stationed in Virginia, Kentucky, Italy, and Japan. Since January, the plaintiffs鈥� schools have removed books, altered curricula, and canceled events that the current administration has accused of promoting 鈥済ender ideology鈥� or 鈥渄ivisive equity ideology.鈥� Censored items include materials about slavery, Native American history, women鈥檚 history, LGBTQ identities and history, and preventing sexual harassment and abuse, as well as portions of the Advanced Placement (AP) Psychology curriculum. 鈥淲e make sacrifices as a military family so that my husband can defend the Constitution and the rights and freedoms of all Americans,鈥� said Jessica Henninger, a plaintiff on behalf of her children in DoDEA schools. 鈥淚f our own rights and the rights of our children are at risk, we have a responsibility to speak out. Despite the anxiety and uncertainty among DoDEA parents and students right now, we know that our children have a right to an education free from censorship, and we won't stand by silently and watch that right be taken away.鈥� The new motion includes a list of 233 books alleged to have been quarantined or removed from shelves, including: 鈥淭o Kill a Mockingbird鈥� by Harper Lee; 鈥�#MeToo: Women Speak Out Against Sexual Assault,鈥� edited by the New York Times; 鈥淟ooking for Alaska鈥� by John Green; 鈥淐an't Stop Won't Stop: A Hip-Hop History鈥� by Jeff Chang; 鈥淕eneration Brave: The Gen Z Kids Who Are Changing the World鈥� by Kate Alexander; and 鈥淛uli谩n is a Mermaid鈥� by Jessica Love. It includes further titles by acclaimed authors including Margaret Atwood, Toni Morrison, Kurt Vonnegut, and Ta-Nehisi Coates. The vast majority of titles appear to be by or about women, people of color, or LGBTQ people. 鈥淭hese are American students in American schools, and they have the same First Amendment rights as their peers,鈥� said Emerson Sykes, senior staff attorney with the 吃瓜直播鈥檚 Speech, Privacy, and Technology Project. 鈥淔amilies in DoDEA schools have the right to access books about race and gender and the right to learn about the vibrantly diverse world around them. We owe it to these students to help them learn and grow, not stifle their age-appropriate exposure to ideas this administration happens to deem politically incorrect.鈥� One DoDEA school canceled events honoring Juneteenth and Holocaust Remembrance Day, and another removed posters featuring Malala Yousafzai and Frida Kahlo. Families allege in the filings that their requests for information from DoDEA about what information has been removed or why have gone unanswered. 鈥淐lassroom censorship has impacted our clients鈥� ability to prepare for AP exams, to learn about their neighbors and peers, and to see themselves in their curriculum,鈥� said Corey Shapiro, legal director for the 吃瓜直播 of Kentucky. 鈥淎nd in DoDEA schools, which are some of the most diverse and high performing schools in the nation, the impact is magnified. This kind of political meddling is antithetical to the First Amendment.鈥� 鈥淭he Trump administration cannot violate the First Amendment by removing books and curricula it doesn鈥檛 like,鈥� said Matt Callahan, senior supervising attorney at the 吃瓜直播 of Virginia. 鈥淪tudents have a right to see themselves reflected in their libraries and classrooms, and they also have a right to learn from the perspectives of people who aren鈥檛 like them. That鈥檚 no less true for military families than for anyone else.鈥� The 吃瓜直播, the 吃瓜直播 of Kentucky, and the 吃瓜直播 of Virginia filed suit last month, arguing that DoDEA enforcement of three executive orders signed by President Donald Trump in January 2025 led to widespread violations of students鈥� First Amendment rights. The suit, and the motion for preliminary injunction, were filed in the U.S. District Court for the Eastern District of Virginia. The motion can be viewed online here. -
Press ReleaseMay 2025
LGBTQ Rights
Transgender Federal Worker Challenges Trump鈥檚 Federal Bathroom Ban. Explore Press Release.Transgender Federal Worker Challenges Trump鈥檚 Federal Bathroom Ban
WASHINGTON - A civilian employee of the Illinois National Guard has filed a class action complaint to the Army National Guard Bureau Equal Opportunity Office (NGB-EO) challenging a Trump administration policy prohibiting transgender federal employees from using restrooms and other accommodations aligned with their gender. LeAnne Withrow of Springfield, Illinois, is a lead military and family readiness specialist and civilian employee for the Illinois National Guard. Previously, she served as a staff sergeant for the National Guard and is the recipient of multiple commendations and awards, including the Illinois National Guard Abraham Lincoln Medal of Freedom. Following a January 20 executive order signed by President Trump, officials with the Office of Personnel Management, the Department of Defense, and the federal National Guard Bureau issued notices to all employees requiring use of designated restrooms strictly based upon their sex assigned at birth. Soon after, Withrow was instructed by supervisors within her chain of command that she may not use restrooms and other facilities designated for women. That order violated Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In a 2020 ruling, the Supreme Court of the United States held 6-3 that Title VII prohibits discrimination against transgender workers on the basis of their sex. Today鈥檚 class action filing challenges the executive order and ensuing implementation actions with violating Title VII as well as the Fifth Amendment of the U.S. Constitution and the federal Administrative Procedures Act. The complaint was filed on behalf of Ms. Withrow by the 吃瓜直播, the 吃瓜直播 of DC, the Roger Baldwin Foundation of the 吃瓜直播, and Democracy Forward. 鈥淪ince coming out nearly a decade ago, the fact that I鈥檓 transgender has had no negative impact on my abilities as a worker and has caused no disruption or disturbance among my colleagues or supervisors,鈥� said LeAnne Withrow, a civilian federal employee for the Illinois National Guard. 鈥淭his policy would put a needless barrier between my work on behalf of military families, forcing me to choose between my service to this country and my own dignity. I love my work and want nothing to come between me and the people I serve. I鈥檓 hopeful the courts will see through this blatant effort to push people like me out of the federal workforce.鈥� 鈥淟et鈥檚 be clear鈥搃f you cannot use the bathroom at work, you cannot go to work,鈥� said Shana Knizhnik, Senior Staff Attorney for the 吃瓜直播鈥檚 LGBTQ & HIV Project. 鈥淭ransgender federal workers across the federal government are facing an intentional effort to drive them out of the workforce and out of public life by an administration with no shortage of hostility towards them and their identities. We look forward to making this case to the agency and will do everything we can to ensure all federal workers are treated equally and fairly regardless of who they love or who they are.鈥� 鈥淭his case is about people. Targeting transgender people is both unlawful and a dangerous example by our federal government. Democracy Forward is honored to work with LeAnne and our partners in this case to defend transgender people from hateful and harmful bigotry,鈥� said Democracy Forward Legal Director Audrey Wiggins. 鈥淭his policy is part of a national campaign to push transgender people out of public life,鈥� said Michael Perloff, Senior Staff Attorney at the 吃瓜直播-D.C. 鈥淚t鈥檚 discrimination pure and simple and it has no place in our law or our society.鈥� 鈥淚llinois has rejected the senseless, reckless discrimination against transgender people that is the hallmark of the Trump Administration,鈥� said Michelle Garcia, Deputy Legal Director at the 吃瓜直播 of Illinois. 鈥淎s a proud, vital member of the Illinois National Guard, who has served our state and this country honorably and proudly, neither LeAnne nor any other federal employee should be forced to use a restroom that is inconsistent with their gender identity.鈥� Today鈥檚 complaint filed to the National Guard Bureau Equal Opportunity Office can be found here. -
Press ReleaseApr 2025
LGBTQ Rights
Aclu Asks Court To Expand Temporary Relief To All Trans, Intersex, And Nonbinary People Seeking Passports. Explore Press Release.吃瓜直播 Asks Court to Expand Temporary Relief to All Trans, Intersex, and Nonbinary People Seeking Passports
BOSTON 鈥� The 吃瓜直播, the 吃瓜直播 of Massachusetts, and Covington & Burling LLC filed motions for class certification and preliminary classwide relief today in their lawsuit challenging the State Department鈥檚 refusal to issue passports with accurate sex designations for trans, intersex, and nonbinary American citizens. The new filing follows a federal court ruling finding that an executive order by President Trump and the passport policy implementing that order are likely unconstitutional and unlawful. The court鈥檚 preliminary injunction requires the State Department to issue updated passports to six transgender and nonbinary people who are named plaintiffs in the lawsuit. The new filings ask the court to certify a class of people adversely affected by the State Department policy and to extend this relief nationwide to the entire class so that other transgender, intersex, and nonbinary people can receive accurate passports. 鈥淭he court鈥檚 finding that this policy is likely unconstitutional and unlawful holds just as true for our class members as it does for our plaintiffs, and we are asking the court to expand its preliminary injunction to protect the rights of all transgender, intersex, and nonbinary people,鈥� said Li Nowlin-Sohl, Senior Staff Attorney at the 吃瓜直播 LGBTQ & HIV Project. 鈥淏y forcing people to carry documents that directly contradict their identities, the Trump administration is attacking the very foundations of the right to privacy and the freedom to be ourselves,鈥� said Jessie Rossman, Legal Director at 吃瓜直播 of Massachusetts. 鈥淚t is important that every person has the ability to live and travel safely, and we will continue to fight to rescind this unlawful policy to make sure that this relief extends to everyone.鈥� On his first day in office in January 2025, Trump signed an executive order attempting to mandate discrimination against transgender people across the federal government and government programs. This included a directive to the Departments of State and Homeland Security 鈥渢o require that government-issued identification documents, including passports, visas, and Global Entry cards鈥� reflect their sex 鈥渁t conception.鈥� Under the ensuing passport policy, the State Department began refusing to issue new, renewed, or changed passports with a sex designation other than what the State Department believed to be their sex assigned at birth regardless of the sex designation applied for. Over 214,000 public comments in opposition to the State Department鈥檚 new policy were collected by the 吃瓜直播 and Advocates for Transgender Equality. In February 2025, the 吃瓜直播, the 吃瓜直播 of Massachusetts, and Covington and Burling LLP filed the Orr v. Trump class action complaint on behalf of seven people who have not been able to obtain passports that match who they are because of the State Department鈥檚 new passport policy or who are likely to be impacted by the new policy upon their next renewal. The complaint was filed in the federal District Court for the District of Massachusetts. An amended complaint was filed on April 25, adding five named plaintiffs seeking to represent the class along with the seven plaintiffs named in the original complaint.