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. Wolfen

    You folks that are complaining about the media being lazy and the story incomplete, you do realize this was a "This Just In" story? It's a quick summary of breaking news. It's not in depth. Not intended to be.

    Stop demanding things be the way you want them alone. Grow up.

    March 23, 2010 at 6:12 pm | Report abuse |
  2. Gorky

    It's nice to know idiotic, inbread, hillbilly, rednecks haven't changed. Please stay in your southern log cabins chewing a piece of straw and allow the rest of the world to live their lives unobstructed. Yee haw!!!

    March 23, 2010 at 6:13 pm | Report abuse |
  3. NP

    you're right a prom is not a right, nor is it constitutionally mandated however if you are limiting one person from going solely on the basis of their sexuality then you have an issue.

    especially if the institution is a public one. would you cancel a prom on the basis that a black person wants to go with a white person? or the a well-bodied person wants to go with a handicap?

    basically you are disallowing a couple of people to attend because they are different from the norm

    March 23, 2010 at 6:15 pm | Report abuse |
  4. Matt

    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?

    March 23, 2010 at 6:19 pm | Report abuse |
  5. Ralph

    The point here is that even had she not asked, the school cancelled the prom based on a "potential",. This denied not just the girls but every one from a school sponsored event. This is a public school which means that it is not only state funded but also federally funded institution. Therefore, discrimination in any form is forbidden by law. What the school did was to eliminate the event so that it would not need to face the "discriminatory" act. However, they failed to do so by admitting that the two issues are linked. The Judge is wrong in this case in other ways as well. He denied the students (all of them) their constitutional rights to life, liberty and the pursuit of happiness. We are all grown ups here, lets get with it. Discrimination has been legislated away so lets all live with that. Broaden your horizons and get out of the little paper bag you live in.

    March 23, 2010 at 6:27 pm | Report abuse |
  6. LaSaundra Jones

    WTH??????? So the whole school suffers because of a situation that goes on almost every year at prom. Newsflash!!! Gay students have been going to prom for years and yes many if them openly. The school board went a little too hard to make their point. You only have one Sr. prom, so many others will miss out on this milestone of their lifetime. I thought we were in the year 2010 not the 1950's. What's next an interracial couple wants to attend prom next year? Cancel again????

    March 23, 2010 at 7:01 pm | Report abuse |
  7. Read

    For everyone asking for a reason or criticizing the judge's decision or the relatively short story.... um.... READ THE JUDGE'S OPINION!!! The news story provides a link to the judge's opinion for a reason. If you fail to read it, don't say the news is lazy. You're lazy for not educating yourself.

    March 23, 2010 at 7:01 pm | Report abuse |
  8. may be legal... but

    Shame on the school district for punishing the whole school just because a girl wanted to take another girl to the prom. I understand that the school isn't legally obliged to hold a prom, but its still not morally right. I'm gay, yet no one in my high school really cares and almost everyone is accepting. Can't wait for the younger generation to take over... life will be SO much better.

    March 23, 2010 at 7:08 pm | Report abuse |
  9. California Guy

    Be happy that there are back woods places like this to help your "enlightened" community shine. Every town has a sordid history and this one is allowed to define themsleves however they want for the history books.

    What really bothers me is that people are so passionate about these little towns that discriminate against people based on passive civil rights violations and don't lift a finger to speak out against areas where brutality, murder, and rape rule the day. What about the civil rights of the hundreds of women that were raped yesterday. What about the civil rights of the children beaten senselessly by their parents or the men shot dead while going to the grocery store?

    If this situtaion angers you, then you should be enraged by the goings-on in any metropolitan city in America. (Except Indianapolis. That town is awesome).

    March 23, 2010 at 7:10 pm | Report abuse |
  10. Raven

    I thought this was 2010! WTF? Get the stick out of your arses and hold the prom!

    March 23, 2010 at 7:10 pm | Report abuse |
  11. Voice_of_a_falling Star-

    Freedom should be for all, not just those who love God.

    March 23, 2010 at 7:16 pm | Report abuse |
  12. Read

    I am amazed that after reading 93 comments, only two people who commented seemed to have actually read the opinion.

    If you people would READ THE JUDGE'S OPINION, you would see that he specifically said her First Amendment rights were violated and the school discriminated against her. You would also see that the judge is allowing her to amend her pleading to seek compensatory damages, because her motion was for injunctive relief only.

    Get a grip, people! Educate yourselves before jumping to conclusions. Most of you would be pleased with the judge's ruling if you would only read his opinion.

    March 23, 2010 at 7:19 pm | Report abuse |
  13. NewDave

    @Jimbo:

    Right, but very wrong, all at the same time.

    "First, Prom is not a right, Second it is a privilege, Nowhere in the constitution is anyone guaranteed to go to prom."

    True enough, the school can cancel the prom if they wish.

    (the rest of it)

    Wow. Well, the simple fact of the matter, is that in the civilized world (which apparently mostly leaves out at least this corner of Mississippi), there are gays and lesbians out there, and boohoo, you're just going to have to accept that they're people too, and have every right to enjoy their lives as you do yours. Part of high school's purpose is top prepare these kids for dealing with the real world, and as mentioned before, that does indeed include gays, lesbians, liberals, people who think Obama is doing a good job, people who voluntarily eat vanilla ice cream, get over yourself and come to terms with the simple fact that not everyone can be just like you (or else you'd all be lonely or gay, think about THAT one!).

    Disagree with them all you like, but you may not stand in their way. I suggest YOU put on YOUR big boy pants and deal.

    March 23, 2010 at 7:47 pm | Report abuse |
  14. Morton

    Constance needs to get out of that backwater and let them get on with their football, wife-beating, teen pregnancy, and, of course, their church. In ten years, she'll have a college education and a fulfilling life, and they'll still be bitter, small-minded people in a bitter, small-minded town.

    March 23, 2010 at 7:55 pm | Report abuse |
  15. Daniel-Ray

    Aaron . . . The straight folks have not lost anything here! Except of course your dignity! How would you feel if this were your child?!

    March 23, 2010 at 7:58 pm | Report abuse |
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