March 23rd, 2010
05:02 PM ET

Judge rules against lesbian high schooler in prom case

[Updated, 5:02 p.m.] In his 12-page order, U.S. District Judge Glen H. Davidson denied a motion for an injunction filed by Constance McMillen, a senior at Itawamba Agricultural High School in Fulton, Mississippi, against the Itawamba County School District's superintendent, the school's principal and its assistant principal.

In his order, Davidson ruled that McMillen failed to show that granting the injunction would serve the public interest.

Read the judge's opinion | Read the full story

[Posted, 4:44 p.m.] A federal judge on Tuesday said he would not order a school district to hold a prom that it had canceled after an openly lesbian student asked to attend with her girlfriend.

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  1. Bill

    The host of a popular talk show program invited the student onto her show said something rather amazing: she said what difference would it make if a male student showed up to the prom wearing a dress? In other words, what's all the fuss about? If the captain of the football team comes to the prom wearing a dress and other students at the prom are distracted by this, then something must be wrong with them. That's how it is with gay activists and they way in which they try and get people to think that there is no difference between a same-sex relationship and a heterosexual one. Most people react they way they do, not because they are intolerant, but because there is a fundamental difference (between same-sex and hetero. couples) and there will continue to be. When the student told the school administration that she planned to go the prom wearing a tuxedo accompanied by her female date, while she may be commended for her openness with the administration about what to expect from her on prom night, she forced them to consider how one student's actions and behavior might have on her classmates at the prom. Unless it's kilt, a young man wearing a dress to prom or walking down the aisle, naturally and understandably this scene causes people to look/to stare. Most would agree that girl/boy in the tux/dress would have neg. affected the decorum of this senior's class prom night which is why the administration, unfortunately for the senior class, was forced to do what they did.

    March 23, 2010 at 8:42 pm | Report abuse |
  2. Christopher Wing

    WOW! The US has lots of people who don't understand that the will of the majority should not triumph the rights of the minority.

    The homophobes have a hard time spelling and using proper grammar, don't the?

    March 23, 2010 at 9:24 pm | Report abuse |
  3. Casual Observer

    If the judge ruled against the girl for her predisposition of being a lesbian, and sights public interest, is not being served by agreeing with her, to reinstate the prom, then the school must have had a different reason for cancelling the prom, if not, then he should be disbarred. And the girls should consider a class action law suit, against the school and get all thier friends and associates involved.

    March 23, 2010 at 9:27 pm | Report abuse |
  4. Satcomguy

    The judge's opinion was fine until he got to the final point, but I can see why he ruled as he did. According to the judgment, parents planned an alternate prom that is supposed to be all-inclusive and it would be too much of a burden at this point to have forced the school to sponsor the prom again. This is all fine *IF* the alternate prom is indeed all-inclusive.

    Lesbians and gays can still be discriminated against; they are not protected yet. I feel this case is an obvious reason why HR Bill 4530 "Student Nondiscrimination Act" needs to be passed.

    March 23, 2010 at 10:53 pm | Report abuse |
  5. Ronnie

    The prom should be between a boy and a girl not a girl girl good for you Judge

    March 23, 2010 at 11:31 pm | Report abuse |
  6. RE: Matt #246

    "Hooray, judge davidson. This boils down to following the rules. This is a rule of the district that says students can not bring same sex dates. Always has been a rule for many districts. So I guess what some of you are saying is that it is ok to bReak the rules. Maybe she should have thought about that before she asked her girlfriend. You may not think it is a good rule, but it is still a rule. Kind of like bringing pot to the prom. Do you want them to allow that one to be broken?"

    Marijuana is a drug, an illegal drug. Being gay is not illegal but apparently discriminating someone for being gay is.

    It's ridiculous and downright embarrassing that this ever made it to court. Discriminating on the basis of sexual orientation will be to future generations what racial segregation and anti-semitism is to our generation today, ridiculous. If the gay couple were substituted by an interracial couple people would go nuts about how unfair this is and how wrong it is. I guess in America it's okay to discriminate a group as long as it's legal because everyone knows that laws are always right and there has never been a law that breaks multiple "morals".

    I am disgusted as an American and as a person to know that this is a reality in my country.

    March 24, 2010 at 12:17 pm | Report abuse |
  7. critter

    this is not the full story. the lesbian girl won and the school won in a way. the judge said the school did volition of her rights, but stop short of forcing the school to hold prom cause of a private one being held.

    March 24, 2010 at 2:08 pm | Report abuse |
  8. Joshua Pelton-Stroud

    Headline is misleading; Court did NOT rule "against" Constance, in fact, it ruled FOR her case. They merely judged that maintaining the injunction was not proven to be in the community's best interest, because the community had already moved to sponsor a private dance at which Constance would be welcome; tuxedo, girlfriend and all.

    Way to go with the sensationalizing, CNN.

    March 25, 2010 at 4:55 am | Report abuse |

    If the students want to still have a prom, then why cant they just hold one themselves? It doesn't matter who puts it on and the school can not stop them .

    July 20, 2010 at 11:56 am | Report abuse |
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