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. mike

    gay or straight..... schools the heck with everything, let's cancel all proms...the cost is unbelievable ....hey what a unique way to pay for the Health Care.

    March 23, 2010 at 5:44 pm | Report abuse |
  2. ej

    I feel sorry for the other kids, but applaud the Judge for standing by the principal and superintendent. For once, someone wasn't worried about being "politically correct."

    March 23, 2010 at 5:44 pm | Report abuse |
  3. Stand up for your rights- WHAT?!?!!??!

    Stand up for your rights.. Really??? What you meant to say was "Stand up for your rights, as long as your rights are heterosexual!!" Such BS!!! Her rights are not any less important than yours. She is a citizen of this country, just like you are. When she enters the career field, she will pay taxes JUST LIKE YOU DO. Rights are rights are rights. You can't put a label on them, or attach a caveat to them.. You don't have the right to say whats right and wrong, just as any other individual person doesn't have the right dictate it. That's what the US Constitution is for!!! Just because you follow some man-made book, doesn't mean you own the rights to dictate to the rest of us how we live our lives, or try to push your views on those who don't follow it. Your beliefs don't trump mine.
    As far as a learned behavior.. Where did she learn them..? In a small town in Mississippi from her STRAIGHT parents..? Wait.. she chose to be gay because she just couldn't wait to be spit on, discriminated against, called names, etc. Such an awesome life she must lead. You, sir, are pure ignorance!!! Have fun wallowing in your blissful, bigoted ignorance 🙂

    March 23, 2010 at 5:44 pm | Report abuse |
  4. j in miss

    Your headline is really misleading and gives a sterotyped view of Mississippi.

    March 23, 2010 at 5:44 pm | Report abuse |
  5. AndyTheGameIventor

    Please take the time to read the judge's opinion. It was not anti-gay. The judge ruled that she was discriminated against, and that the school's arguments were not sound. The judge rules that because parents are already working on a private prom that all students may attend, there is no public interest in forcing them to stop and forcing the school to restart,

    It doesn't sound like she "lost" as much as that the parents have already giving her what the court admits she deserves.

    March 23, 2010 at 5:45 pm | Report abuse |
  6. Casey

    They cancelled the prom because they didn't want to bankrupt the school district defending against a law suit that would require them to open the prom to gay couples. The judge ruled correctly that as the prom is an extracurricular event, the school doesn't have to hold it. Unfortunately, all of the other students have to miss the pom because this girl wants to force the issue of her professed sexuality onto everyone else at the school.

    She has a right to her sexuality, but it is a private matter, not a public matter. What about the rights of others not be be forced to confront her sexuality? While you have the right to be anything you want to be, that doesn't mean that everyone should have to accept you or tolerate your behavior in their presence. In case anyone wants to call that discrimination, remember another right embodied in the Bill of Rights (and not grafted onto to the Constitution by judicial fiat): Freedom of Association. Why do those who engage in behavior others think may be aberrant have to force themselves onto others?

    March 23, 2010 at 5:45 pm | Report abuse |
  7. Tyler

    I have no sympathy for the girl in this case and she ruined all of the other kids' prom.

    Most teenagers that claim to be homosexual are just ill-adjusted kids that do not fit in and so they resort to seclusion from the collective group or find refuge in another ostracized person. Few teenager homosexuals are the gay from birth-most are just attention-whores.

    March 23, 2010 at 5:46 pm | Report abuse |
  8. emanuel

    So, someone is willing to admit that there is still some "not normal" sexual behavior that is not agreed to by those who have faith in "normalcy, decency,

    March 23, 2010 at 5:46 pm | Report abuse |
  9. I have an opinion too

    To: Just my opinion [who said "If every female is lesbian and every male is gay, then within one generation, there will be no human race left on Earth. Do you really still think being Gay or Lesbian is Normal. Give me a break"]

    I thought I'd share my opinion with you: If every female on Earth was a doctor and every male on Earth was a lawyer, who would grow the food we eat and pick up the trash we make? Your comment indicates that biologically it takes egg & sperm to create humans, but it seems to miss the point that there are valuable qualities in humans who do not procreate. I am a straight woman without children. Does that make me any less normal than a straight woman with children? Not in my opinion. You may certainly have a different one, and I welcome a respectful discussion of our thoughts. What led me to feel think this way is meeting many people of different backgrounds, races, sexual orientations, and religions. To me, there are wonderful things about most people, and "same" and "normal" are words with different meanings. Folks can be very different from me and from each other. What comes naturally to me and what comes naturally to others may be different, but equally valuable in my opinion.

    March 23, 2010 at 5:47 pm | Report abuse |
  10. Cynthia S skirt discrimination laws all a school has to do is cancel the prom. That or she had really stupid lawyers.

    March 23, 2010 at 5:47 pm | Report abuse |
  11. Elliott

    I am so relieved that the Mississippi school district was able to maintain the dignity and decency that prom-going high schoolers have been known for for decades. Those crazy lesbians would probably have danced their hearts out, taken a bunch of pictures, had a great time with all their friends, then ended up drinking alcohol some place afterwards and dry humpin in their parents' SUV.
    Thank the good Lord that quality people kept them from turning prom into a place for all that! The other students shouldn't have to be forced to watch all those kinds of homosexual shenanigans!

    March 23, 2010 at 5:47 pm | Report abuse |
  12. Rob Patton

    No, there isnt discrimination here. Its up to the school whether or not to hold a prom. Just because someone is whinning now because they didnt get their way or its not being held, doesnt mean much and definitely doesnt mean discrimination. Of course people are going to be upset and put much more into this story than needs to be.

    Get the facts straight before jumping to conclusions. What the news media is reporting isnt anywhere close (or maybe the proper way to put it, specific enough) to what is going on there. Its amazing, and people are just jumping all over the band wagon on this. The judge has the specific facts straight and that is why he ruled the way he did.

    March 23, 2010 at 5:48 pm | Report abuse |
  13. I have an opinion too

    Chaos - I agree with your comments on this topic.

    March 23, 2010 at 5:49 pm | Report abuse |
  14. Victoria

    Well I think it is a good thing. I mean if two teens go to prom, there would be so much damage. I mean they could turn all the students, teachers, and staff homosexual. Because you know that homosexuality is contagious. I mean the nerve, what next are those crazy liberals going to give everyone a chance to buy affordable health care. Seriously we need to get back to basics......hate, discrimination, wars on terror.

    In all seriousness......they really need to replace these judges with people who born after WWI.

    March 23, 2010 at 5:49 pm | Report abuse |
  15. Jimbo

    First, Prom is not a right, Second it is a priveledge, Nowhere in the constitution is anyone guaranteed to go to prom. booo hooo, one of the gay and lesbian cry babies lost a case based on them being gay, its nice to hear for a change, cause i gotta tell ya, i am really getting tired of hearing all the gay and lesbian people cry about rights they are not being granted, when its not a right that they are complaing about, but a priveledge at the get go.
    The world isnt fair, your gonna die alone, quit crying and put the big boy pants back on and get on with your life. And last time i checked, highschool students dont get to vote, so it doesnt really matter WHAT they wanted to do, particulary at a public school which is paid for by public dollars. since the majority of people there, disagree with the gay and lesbian lifestyle, they shouldnt have to pay for it to be enjoyed with thier tax dollars. And if this makes you act all butt hurt, you are exactly the kind of person i wrote this to offend. Grow up and find something usefull to do, instead of acting like an oxegen thief.

    March 23, 2010 at 5:49 pm | Report abuse |
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