Peter Friedman
Associate Professor, Legal Analysis & Writing
Case Western Reserve University School of Law
Ruling Imagination: Law and Creativity
On tossing aside centuries of tradition.
Racially segregated proms have been held in Montgomery County [,Georgia] — where about two-thirds of the population is white — almost every year since its schools were integrated in 1971. Such proms are, by many accounts, longstanding traditions in towns across the rural South, though in recent years a number of communities have successfully pushed for change. . . . The senior proms held by Montgomery County High School students — referred to by many students as “the black-folks prom” and “the white-folks prom” — are organized outside school through student committees with the help of parents. All students are welcome at the black prom, though generally few if any white students show up. The white prom, students say, remains governed by a largely unspoken set of rules about who may come. Black members of the student council say they have asked school administrators about holding a single school-sponsored prom, but that, along with efforts to collaborate with white prom planners, has failed. According to Timothy Wiggs, the outgoing student council president and one of 21 black students graduating this year, “We just never get anywhere with it.” Principal Luke Smith says the school has no plans to sponsor a prom, noting that when it did so in 1995, attendance was poor.
Students of both races say that interracial friendships are common at Montgomery County High School. Black and white students also date one another, though often out of sight of judgmental parents. “Most of the students do want to have a prom together,” says Terra Fountain, a white 18-year-old who graduated from Montgomery County High School last year and is now living with her black boyfriend. “But it’s the white parents who say no. … They’re like, if you’re going with the black people, I’m not going to pay for it.”
“It’s awkward,” acknowledges JonPaul Edge, a senior who is white. “I have as many black friends as I do white friends. We do everything else together. We hang out. We play sports together. We go to class together. I don’t think anybody at our school is racist.” Trying to explain the continued existence of segregated proms, Edge falls back on the same reasoning offered by a number of white students and their parents. “It’s how it’s always been,” he says. “It’s just a tradition.”
The decision in Perry v. City and County of San Francisco — trial court decision striking down Proposition 8, which banned gay marriage.
Proposition 8 Gay Marriage Trial Court Decision, Perry v. City and County of San Francisco
Trying Proposition 8 as teachable moment
Margaret Talbot notes that a trial can be a terrific method of educating the public on controversial issues. In particular, she focuses on Perry v. Schwarzenegger, the case in which the constitutionality of California’s Proposition 8, overturning the state’s gay marriage law, is being challenged. Talbot has been blogging about the trial throughout the 3 weeks it has been going on. Her latest post points out that trials, in subjecting witnesses to cross examination, permits scrutiny of controversial views that other forums don’t ever provide. As David Boies puts it “The crucible of cross examination forces the witness to confront the other side; they can’t fall back on bumper sticker slogans like ‘marriage is between a man and a woman.’ ”
Talbot compares the educational value of Perry to that of the trial in Kitzmiller v. Dover Area School District, the successful legal challenge against a public school district’s requirement that “intelligent design” be taught as an alternative to evolution as an explanation of the origin of life:
In many ways [the trial in Perry] reminded me of another culture-war trial that I covered, in 2005, one that presented a similar opportunity for intellectually engaging with the arguments and research that usually remain submerged beneath a politicized controversy. That trial was to decide whether intelligent design could be part of the curriculum in a Pennsylvania school district, and its expert testimony covered everything from the fossil record of obscure dinosaurs to Darwin’s own religious beliefs to the theoretical underpinnings of the separation of church and state.
It really is unfortunate the Supreme Court ruled that Perry could not be broadcast via the internet. I very much would like to have seen a witness explain exactly how it is that gay marriage undermines straight marriage. I’ve genuinely tried to understand the argument from some very intelligent people who think that gay marriage does indeed undermine straight marriage, but, I’ll confess, my mind has been unable to get itself around the argument.