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. Allen

    Posted by Jay Delgado:

    She didn't 'ask', right? When the lesbian informs the school of what she is going to do through her lawyer and the ACLU, she's not 'asking'....

    Actually, according to all accounts, the student first approached the school in December, and then again in February to ask for permission to bring her girlfriend to the prom. She also filed a separate request to be allowed to wear a tuxedo to the prom (her school apparently had a dress code for the prom which required girls to wear dresses). The school denied both requests at both instances. Only THEN did the girl contact the ACLU. The school responded to the ACLU by cancelling the prom outright and informing the entire student body why (creating an even more hostile environment for the girl).

    What this story also does not point out was that the Judge actually ruled against the school district, stating that the student's civil rights had been violated both with denying her the right to bring a date of her choosing and in denying her the right to wear a gender neutral (yet still appropriately formal) outfit.

    March 23, 2010 at 5:31 pm | Report abuse |
  2. Jonathan C.

    Wow, Americans hey?

    March 23, 2010 at 5:31 pm | Report abuse |
  3. Doc Dave

    I find it irionic that the school cancelled the prom because a girl wanted to come with her date, another girl. Back in the 50's, it was quite common for girls to come with girls. They didn't come as "dates" but it was certainly not unusual to see girls walk in arm in arm. Usually it was just a group of girl friends, but it sure never created a stir like this deal. I think the school administration is acting like a bunch of holier-than-thou idiots myself. But that's just my two cents worth.... your mileage may vary.....

    March 23, 2010 at 5:31 pm | Report abuse |
  4. Buck Ofama

    I'm always in awe at the in depth reporting and effort that CNN puts into every news story. Oh well, at least they didn't have any spelling errors like they normally do in their articles....

    March 23, 2010 at 5:31 pm | Report abuse |
  5. Patti in Dallas

    CNN's update is blatantly misleading by omission. The Associated Press is reporting the REST of the judge's ruling - that the Itawamba County school district violated Constance McMillen's civil rights by banning her from bringing her girlfriend to the prom.

    March 23, 2010 at 5:31 pm | Report abuse |
  6. Ken West

    I was surprised for 10 seconds, then I read MISSISSIPPI.

    I know its pretty sad but if you are gay you need to leave Jesus country USA and come to a coast.

    March 23, 2010 at 5:31 pm | Report abuse |
  7. Buck Ofama

    I'm always in awe at the in depth reporting and effort that CNN puts into every news story. Oh well, at least they didn't have any spelling errors like they normally do in their articles.....

    March 23, 2010 at 5:31 pm | Report abuse |
  8. Morris Garcia, President, Collin County Gay and Lesbian Alliance

    Vickie Ernst, I am very proud of you and your daughter, for standing up for what is right and clarifying that homosexuality is not a lifestyle or a choice, it's how we are born, it's a sexual orientation. There is scientific evidence to support that it's even physical, resulting from fetus development.

    March 23, 2010 at 5:32 pm | Report abuse |
  9. 1Sassy1

    So thia means the rest of the students don't get a prom either? It's practically a right of passage for seniors. One last big high school memory for you and all your friends before graduation. But they can't look past one girl? Oh that's really fair...

    March 23, 2010 at 5:32 pm | Report abuse |
  10. AGriffin

    Why do you all think that this one girl has the right to change the rules just for her? What about the other 99% that might be unconfortable seeing this at their dance.
    Please don't forget this nation hasn't embraced same sex marriages--by a majority vote!!! If you followed this story, you would also know that she insisted on wearing a tux for her picture. If the rules are "girls where are wrap and boys wear a tux" then it applies evenly to everyone--it has nothing to do with sexuality.
    This nation needs to stop bending to the minority and think just because one person got their feelings hurt we need to get Nacey Palosi involved.
    The world is not fair, and sometimes you have accept the responsibilities for your actions.

    March 23, 2010 at 5:32 pm | Report abuse |
  11. sparknut

    The school canceled the prom hoping that all the other students would turn against this girl.
    I hope they didn't but I imagine she's endured quite a bit of abuse because of this.
    Isn't it time for Mississippi to come into the twentieth century? Yes, I know the rest of us are in the twenty first century, but Mississippi is way behind.

    March 23, 2010 at 5:32 pm | Report abuse |
  12. Carl

    Most of seem to be missing the point...no one was "discriminated against". All students were treated equally...the prom was cancelled for all...not for just the lesbian.

    In my opinion, who you choose to have sex with is a choice. As such, I have a hard time putting it in the same category as race, color, disability, etc. It can not truly be justified as a christian...and frankly it isn't in the best interest of biology...

    March 23, 2010 at 5:32 pm | Report abuse |
  13. Alex

    That's why they call it Mississippi...

    March 23, 2010 at 5:33 pm | Report abuse |
  14. Jessie

    How does this not serve the public interest? Granting the injunction means that the school has to allow this girl and her girlfriend to attend the prom. Not granting it means the prom stays canceled, all the students are pissed, and discrimination is allowed to run rampant through the school. Let them have their prom and let the girl go with whomever she wants to!!! This is ridiculous!!!

    March 23, 2010 at 5:33 pm | Report abuse |
  15. Bejay

    Why this case got this far in the first place confuses me. This is 2010. Why didn't this girl just buy the prom tickets, an outfit, and show up at the prom with her date? Who really cares? I don't. There are students who come to prom without dates, in groups of friends, girls with girls and guys with guys whether they are gay or not. Our society is getting dumber and dumber! Just go and stop drawing attention on yourself. Have a great time. Now this class of seniors will not have a prom (the most fun event in their high school experience) because of some stupid person who alerted the media. By the way, how did this ever make it to the media? Is anyone else curious. Why are we wasting our time on this kind of crap? There are more important things to report. And the school...they should be ashamed at themselves for not being able to handle this without all this hype. They will forever be known as the school that cancelled a prom because one person wanted to bring a same sex date! Congratulations, great rep! Can't wait for next years football season.

    March 23, 2010 at 5:33 pm | Report abuse |
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