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. torqueflite

    No preliminary injunction or prom, BUT THERE WILL STILL BE A TRIAL. Hardly justifies CNN's header which sounds like a complete victory for the bigots. Be fair and balanced, CNN!

    March 23, 2010 at 5:35 pm | Report abuse |
  2. jjamerb

    Finally a judge with some smarts. Follow the law not the liberals!!!!

    March 23, 2010 at 5:35 pm | Report abuse |
  3. Trav

    I love how these stories bring out comments from the "I love "America," but nothing for which it stands" crowd. Since inter-racial dating is now widely accepted, they need someone else to discriminate against. 30 years from now our children will look upon these times with the sort of shame my generation looks upon the civil rights era.

    March 23, 2010 at 5:35 pm | Report abuse |
  4. Maggie

    This is why the conservatives are so keen to gain control of the courts. They need the courts to impose their religious intolerant stands because there are not enough ignorant voters to do it at the polls. Discrimination of gays is based on a faulty reading of scripture, And religious beliefs do not need to be involved in a prom to begin with! Thankfully, the next generation will rescue us from some of this foolishness!

    March 23, 2010 at 5:35 pm | Report abuse |
  5. Amazing Grace

    Forget this school system. Have your prom in New Orleans at that wonderful hotel. It will be more memorable this year. When you guys grow up remember this injustice and do something about it.

    March 23, 2010 at 5:36 pm | Report abuse |
  6. Chris

    Todd, you are absolutely correct and us cavemen are sick of it.

    March 23, 2010 at 5:36 pm | Report abuse |
  7. Riles

    Holy move back 50 years....come on up to the midwest where one's views and beliefs are not discriminated against.

    March 23, 2010 at 5:36 pm | Report abuse |
  8. Why do you ask my name

    Correction: These people should not expect to be catered to. We all say no, and we've all heard no. Hey, that's life. Goodbye.

    March 23, 2010 at 5:36 pm | Report abuse |
  9. Daniel-Ray

    If one cannot attend then none should attend. The school administrators are obviously bigoted, ignorant and need to step into the 21st century. Imagine what message this sends to all of the kids. It is a sad day in America when we continue to allow this kind of discrimination to go on in our public schools. Shame, Shame, Shame on the school administrators.

    March 23, 2010 at 5:36 pm | Report abuse |
  10. Robert in CT

    This news release is misleading in that the judge ruled "The Court finds that Constance's First Amendment rights have been violated and therefore, she has established, by a preponderance of the evidence, a substantial likelihood of success on the merits with respect to her First Amendment claim."

    In other words the judge has ruled that her constitutional rights were violated Constance has standing to sue Itawamba County for damages.

    March 23, 2010 at 5:36 pm | Report abuse |
  11. VegasRage

    A Mississippi judge rendering a bass ackward ruling?! Say it isn't so! Unheard of I tell you!

    March 23, 2010 at 5:37 pm | Report abuse |
  12. Richard Baker

    Public interest? Did the court not realize that a ruling on this matter will result in untold numbers of school systems around the country following the ruling of the court? This ruling has set back the rights of the students in this country in being able to attend a school function. I do not recall ever reading in the Constitution where the rights we have in this country are only given to those who are heterosexual.

    March 23, 2010 at 5:37 pm | Report abuse |
  13. tammy

    The judge doesn't have to give a reason. The other side failed to show where cancelling the prom proved to be against the public good.

    This isn't a civl rights trial. This was a fast filing petition so they could hope to get the prom back on.

    March 23, 2010 at 5:37 pm | Report abuse |
  14. Anthony

    It is sad that who she wanted to go with is even an issue, but what is even more troubling to me are some of the bigoted comments posted here. Why do people have to be so judgmental? Remember you can not love or hate something about someone else that you do not love or hate about yourself.

    March 23, 2010 at 5:37 pm | Report abuse |
  15. Jan in Ohio

    Regardless of sexual orientation, I feel that this beautiful young lady should be allowed to attend the prom with her girlfriend. She has allowed herself to prove that she is in love with a person of her own sex. So what, at least Ellen DeGeneres was kind enough to give her a hefty scholarship to continue her education.

    March 23, 2010 at 5:37 pm | Report abuse |
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