Kramer Levin and Co-Counsel ACLU Accept Publicly Filed Judgment from Mississippi School to Revise Policy and Pay Damages in High Profile Prom Case

Kramer Levin has served as co-counsel with the ACLU in Constance McMillen v. Itawamba School District, a case seeking to vindicate our client's First Amendment rights after her school district canceled the prom rather than allow her to attend with her girlfriend and wearing a tuxedo. You may remember that school officials then invited Constance to a sham prom that only she and a handful of students attended while the rest of her class partied at a discriminatory secret prom several miles away.
After getting an initial ruling from the federal judge that the school district had violated Constance’s First Amendment rights, we pressed ahead with the lawsuit. Last night, on behalf of Constance we accepted an offer of judgment from the defendants -- not merely a private settlement, but a publicly filed judgment.

Importantly, the school district attested that it will adopt a comprehensive non-discrimination and non-harassment/anti-bullying policy that includes sexual orientation and gender identity and expression, which is the first such policy in any public school in Mississippi. The defendants also agreed to pay Constance $35,000 in damages (more than the median annual household income in Fulton, MS), plus to pay her reasonable attorneys’ fees as determined by the Court.

This is a great outcome for our client, who has become an inspiration nationally to so many LGBT youth. The Kramer Levin Litigation team -- Norman C. Simon, Jason M. Moff, Joshua Glick, Lee C. Strock -- are very pleased that she can now put this chapter of her life behind her and move on to greater things as she embarks on her college career.