Mississippi schools: No proms, no yearbook pics for lesbians

[Maren]

Just weeks after an Oxford-area high school made national news by canceling its prom rather than allowing a lesbian student to attend with a same-sex date, a Jackson-area lesbian high school senior who had been fighting for the right to appear in her yearbook dressed in a tuxedo has found that not only did her school not allow it -- they cut her existence out of the yearbook altogether.Not only does Ceara Sturgis' photo not appear in the book, her name isn't even listed.

Link. Not sure what is going on the Mississippi schools this year though it looks like another school will end up on the losing side of a lawsuit. Also, the thread title is the article headline and I'll agree that it is somewhat over the top.

 

[lux et lex]

That is beyond ridiculous. Completely cut her out for wearing a tux? REALLY?

 

[clarksided]

Yeah, uh, not letting her wear a tux is silly, but acceptable.

Cutting her out of the yearbook completely? lol

 

[emilybeingemily]

Poor girl, that is completely ridiculous.

 

[Maren]

Yeah, uh, not letting her wear a tux is silly, but acceptable.

Cutting her out of the yearbook completely? lol

Actually, from my understanding of the law the school legally was mistaken in denying the picture of Ceara in a tux. If taken to court, the ruling would depend on the same cases that the judge in Constance McMillan's case used in deciding the school had no basis in not allowing her to wear a tux to the prom.

 

[mpok1519]

It is discrimination based upon sexual orientaion; it is against the law. Is it agregious? Perhaps.

 

[citizenthom]

This was just a dress code violation, plain and simple. They would have cut her out of the yearbook if she was a straight girl who didn't dress as directed for the photo, too. And they would cut out a guy who showed up in something besides a tux.

This is nowhere close to the Constance McMillan case, where every decision along the way was entirely arbitrary and directed specifically at the lesbian student alone. This is a case where the girl is crying "lesbian!" because she doesn't want to live by the same rules the other students have to.

 

[Maren]

This was just a dress code violation, plain and simple. They would have cut her out of the yearbook if she was a straight girl who didn't dress as directed for the photo, too. And they would cut out a guy who showed up in something besides a tux.

Sorry, it isn't. First, this is one area where a student has a certain amount of discretion. For example, the judge in the Constance McMillen case, when deciding if she should have the right to wear a tux stated:

In Canady, the Fifth Circuit recognized that '''[c]lothing may also symbolize ethnic heritage religious beliefs, and political and social views." Canady, 240 F.3d at 440. The Fifth Circuit stated that "the choice to wear clothing as a symbol of an opinion or cause is undoubtedly protected under the First Amendment if the message is likely to be understood by those intended to view it." Id. at 441 (citing Texas v. Johnson 491 U.S. 397,404, 109 S. Ct. 2533, 105 L. Ed. 2d 342 (1989)).

The United States Supreme Court has held that "n deciding whether particular conduct possesses sufficient communicative elements to bring the First Amendment into play, we have asked whether '[a]n intent to convey a particularized message was present, and [whether] the likelihood was great that the message would be understood by those who viewed it.'" Texas, 491, U.S. at 404 (quoting Spence v. Washington, 418 U.S. 405, 410-11, 94 S. Ct. 2727, 2729-31, 41 L. Ed. 2d 842 (1974)).

Basically, the court ruled that Constance's desire to wear a tux to the prom is protected freedom of speech, especially as the clothing was allowable for others to wear at the prom. There is no reason to think a court would rule differently in Ceara's case simply because it was the yearbook instead of the prom.

Further, the typical response of a student who does not submit a satisfactory photo before the deadline would be to simply say "not pictured" or "photo not available" but still include the student's name. The fact they cut her out completely would appear to be evidence of an agenda against the student.

This is nowhere close to the Constance McMillan case, where every decision along the way was entirely arbitrary and directed specifically at the lesbian student alone. This is a case where the girl is crying "lesbian!" because she doesn't want to live by the same rules the other students have to.

Again, check out the portion I cited from the decision in Constance's case regarding her wearing a tux to the prom. The same case law is considered legal precedent in both cases.

 

[citizenthom]

Sorry, it isn't. First, this is one area where a student has a certain amount of discretion.

If the school doesn't restrict that discretion, maybe. But it seems the school did here. Again, McMillan's case is completely different and had nothing to do with the tux and everything to do with her orientation. That's not the case here.

 

[lawtonfogle]

Basically different dress standards for the different sexes is discrimination except when the in variable is equal to the across variable (for example guys are allowed to wear tuxes fit to them, thus girls would be allowed to wear tuxes fit to them, they do not all have to wear the exact same size tux).

 

[Maren]

If the school doesn't restrict that discretion, maybe. But it seems the school did here. Again, McMillan's case is completely different and had nothing to do with the tux and everything to do with her orientation. That's not the case here.

Again, you are wrong. And McMillan's case had two parts 1) she could not bring another female to the date and 2) she was told that, even if she brought an "appropriate" date, she could not wear a tux. The judge ruled on both of those and what I posted above was after the portion on her bringing another female; it was specifically in regards to Constance's complaint that they would not allow her to wear a tux to the prom.

Both cases have a similarity as both are lesbians and both wished to wear a tux against the school's wishes. If Ceara files a suit, this is a case the school will lose -- in fact what I posted above will be part of the justification for the complaint.

Maren(who actually read the McMillen ruling)

 

[Billnew]

I guess this school has to much money.
Any youth that wants money for college or a new car, move to Miss, and pretend to be gay. Then sue the school. Make big bucks.
(Watch out for the lawyers, they will try to take the majority of the cash though.)

The Prom thing, I thought they would have learned, but I guess they will be back in court.
Unless they can prove why this girl is unacceptable in formal attire. Interesting to see if they can do it.

 

[BotanicalBob]

The lengths some idiots will go to to stick to gays.

 

[HELENz]

Wow. That's just ridiculous... I'm a little ticked right now.

Oh, and WBC... Haven't they caused enough trouble? I honestly wish they'd just go away - not die, just shush and leave everyone alone. Maybe we should ignore them? Isn't that what you do with bullies?

 

[keith99]

This was just a dress code violation, plain and simple. They would have cut her out of the yearbook if she was a straight girl who didn't dress as directed for the photo, too. And they would cut out a guy who showed up in something besides a tux.

This is nowhere close to the Constance McMillan case, where every decision along the way was entirely arbitrary and directed specifically at the lesbian student alone. This is a case where the girl is crying "lesbian!" because she doesn't want to live by the same rules the other students have to.

And if you had bothered to read the link you would see that other students were included without photos. That she was not included with no photo make thsi case far worse for the school, as it clearly marks their actions at taking revenge on hte gay student who dared to wear a tux. (While including those bused for drugs and who dropped out).

In an ironic twist at least the town comes out far better. She was actually nominated for prom queen, but declined because she was unsure of how the school administration would react. At least the future looks decent there.

 

[keith99]

I guess this school has to much money.
Any youth that wants money for college or a new car, move to Miss, and pretend to be gay. Then sue the school. Make big bucks.
(Watch out for the lawyers, they will try to take the majority of the cash though.)

The Prom thing, I thought they would have learned, but I guess they will be back in court.
Unless they can prove why this girl is unacceptable in formal attire. Interesting to see if they can do it.

I don't see a win for the school even if they can show the attire is unacceptable. Unaccpetable attire is only cause to exclude the photo, not the person.

It may be unfair to say they should have learned. School yearbooks often have a deadline months before they are distributes. It is very likely these were printed befoer the Prom case even started, let alone became national news.

 

[Mobiosity]

egregious