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. sehrish

    What a disgrace...even today we have discrimination. There are worse thing that occur at proms..what about the teen that was raped by a group of boys?? What was a lesbian going to do? The school, and judge should be ashamed!

    March 23, 2010 at 5:38 pm | Report abuse |
  2. Dyersburg

    Homosexuality is a mental illness and should be treated as such. Imagine telling a person with depression that they should just embrace their lifestyle instead of offering treatment.

    March 23, 2010 at 5:38 pm | Report abuse |
  3. David Levenson

    This is a case of pure discrimination. The school and the judge should know better

    March 23, 2010 at 5:38 pm | Report abuse |
  4. Kellyn

    This action against Miss McMillen (and her schoolmates, really) is irrational. Condoning this type of behavior (basically sensoring this girl and her right to her sexuality) is promoting bigotry and hatred. What the hell – are we still back in the 1940s for crying out loud? They cannot just pretend she doesn't exist – instead they are punishing her for being who she is and alienating her from the rest of the student body.

    Way to go. That's not the type of educational institution I would EVER want any kid of mine attending.

    March 23, 2010 at 5:38 pm | Report abuse |
  5. Jim

    The girl knew what was going to happen. She still wanted to go thru with this. She was trying to make a point that a lot of us are sick of. If you are gay, you do not need to flaunt it. Hooray for the judge and the school district. I am sorry that the majority have missed out on thier prom.

    March 23, 2010 at 5:39 pm | Report abuse |
  6. PaulE Louisville

    Wow...so, let's ruin everyone's fun because of archaic and hateful stereotypes. Just when I think living in Kentucky is bad, Mississippi reminds me it can always be worse.

    March 23, 2010 at 5:39 pm | Report abuse |
  7. Januari

    Have to love these comments in support of the ruling. Love this country and the consitution... won't have someone infringing on your rights... but totally ok with someone else's rights being violated because they believe something you don't. God Bless the United States of Hypocrisy.

    March 23, 2010 at 5:39 pm | Report abuse |
  8. Chris

    Bree,

    Can you read?

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

    March 23, 2010 at 5:39 pm | Report abuse |
  9. j in miss

    I understand you are moderating my prior comment, but your headline is incorrect. Check the AP wire story.

    March 23, 2010 at 5:39 pm | Report abuse |
  10. equalrightsforall

    good..now she can sue the school district and get some $$...fight the fight, equal rights!

    March 23, 2010 at 5:39 pm | Report abuse |
  11. rxotaku

    First, I need to wonder why the student informed the school of her intentions. Most teenagers I know would not do this, especially knowing the reaction would be unpleasant. To the school, I do not see the difference in a student bringing her girlfriend Vs a girl who is bringing their friend who happens to be a girl. It is not like they are going to be making out there. with all the chaperon's there, the worst that will happen is the student will be in a hugging embrace during a slow song. (Not to say they won't do anything later on, just commenting on the dance itself). I don't know if the judge was actually ruling against the G/L Community, It may have been the law and how it was written. It is not in the law that a school must hold a prom. There is probably no law indicating that they cannot cancel a prom for any reason. It would be like saying that we are going to have a bake off. no, wait, cancel the bake off, someone is ringing chocolate chips cookies. unfair, yes. against the law, probably not. It may have also been the way that they presented the case and information they presented that may have more to do with why the ruling was the way it was. That being said, I believe it is not fair to the student. I do think it was wrong of the school to cancel it. I would have hoped that we are moving past this and many other forms of discriminating, but unfortunately, some people are ignorant and do not look beyond themselves to consider other views or schools of thought. I think they need to say, this is ok for you, but i would never consider it for myself. Some People feed into the thought that their way is the only way, but it is not. there is more out here than just you. it is people like that that ruin it for the rest of the population. Bottom line: School, disappointed in you. Student, Kudos for standing up for yourself.

    March 23, 2010 at 5:39 pm | Report abuse |
  12. Chase

    I read the 12 page order. This story isn't really true. He agreed with the girl, but the parents had already scheduled another replacement prom and he thought forcing the school to hold the original would just be confusing.

    March 23, 2010 at 5:40 pm | Report abuse |
  13. Ashley

    We had openly gay students at our high school prom 7 years ago, and it wasn't even a big deal. In fact, one gay male student came in 2nd place for Prom Queen, which we as a student body voted on, and our faculty accepted. These functions are about socializing for young adults, and that shouldn't be taken away because some homophobe with God-complexes think that this type of relationship isn't right.

    March 23, 2010 at 5:40 pm | Report abuse |
  14. Henry Collins

    All proms should be done away with.

    March 23, 2010 at 5:41 pm | Report abuse |
  15. Marv Gordon

    Maybe next they will prevent Down's Syndrome kids from attending. Homosexuality will ALWAYS be with us. It is not "abnormal" it is simply a statistical portion of the population that will always exist. It is no more a "choice" than having Down's is a "choice".

    Another disgusting example of religious based stupidity and general hatred.

    Wake up people...Darwin is right.

    March 23, 2010 at 5:41 pm | Report abuse |
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