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Case 1:10-cv-00061-GHD-JAD

Document 22

Filed 03/19/2010

Page 1 of 10

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION

CONSTANCE McMILLEN

PLAINTIFF

VS.

CIVIL ACTION NO. 1:10-cv-00061-GHD-JAD

ITAWAMBA COUNTY SCHOOL DISTRICT; TERESA McNEECE, in her official capacity as the Superintendent of Itawamba County School District; TRAE WIYGUL, in his official capacity as Principal of Itawamba Agricultural High School; and RICK MITCHELL, in his official capacity as Assistant Principal of Itawamba Agricultural High School

DEFENDANTS

MEMORANDUM OF AUTHORITIES IN OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION

COME NOW Defendants, by counsel, and file this their Memorandum of Authorities in

Opposition to Plaintiff’s Motion for a Preliminary Injunction [Docket Entry 4] that would override

the decision of the Defendant District not to host a prom at Itawamba Agricultural High School, a

social event which is now being sponsored by parents of high school seniors and juniors and which

will be held at the Tupelo Furniture Market in Tupelo, Mississippi.

I. BACKGROUND

The Plaintiff wishes to make the Defendant District the site for a national constitutional

argument over gay and lesbian rights. The Board of Education as the District’s governing authority

had to address a very explosive and disruptive issue and how to get beyond it for the sake of the

school. This is not an issue where anyone has been denied an education. Rather, this is a social

event that is disruptive to the school environment and the core public education function of the

school because people are on all sides of the issue. Since the Board of Education cannot control the

emotions of both sides, the only rational option in order to minimize increasing substantial and

material disruption of the educational system, distraction of students, harmful divisiveness, and the

risk of potential liability, was a decision not to host this social event, which is now being sponsored

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