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. shaun

    Vickie Ernst, your daughter is so fortunate to have you, a mother who sees her for who she is and recognizes the courage it takes to plow ahead, as you put it, in the face of the adversity we gays're the definition of "mother"

    March 23, 2010 at 5:09 pm | Report abuse |
  2. Josh

    This was a terrible decision by the so-called "justice system." What kind of example does this set? It just teaches more and more people to act unethically and immorally. Why should those girls be retaliated against? They did nothing wrong! Why can't we get past the ignorance in this country?

    March 23, 2010 at 5:09 pm | Report abuse |
  3. James White

    SO sad!!! It is despicable that we live in a country that is still at this point. Shame on the judge, and shame on the authority figures whom made the decision to cancel their prom over something so trivial. This is 2010 people, get over it and let people live their lives! Who would it of hurt to let them attend the prom? This is so awful.

    March 23, 2010 at 5:11 pm | Report abuse |
  4. jrod1227

    Without more facts i agree with the judge's ruling. The school cancelled the prom for a discriminatory reason. The school should have done the right thing and had the original prom without causing such a stir about the fact that a lesbian student was bringing a same-gendered date. Maybe a little bit of social sanctioning from students and parents may have helped this prom happen. Did the courts really have to get involved?

    March 23, 2010 at 5:11 pm | Report abuse |
  5. Tis a Sad Day

    I understand why the judge did not want to force the school district into holding a prom. However I am even sadder that a school district would make a decision like this in this day and age.

    We have soldiers, both straight and gay, fighting and dying for us, to give us the freedom of choice, and we haven't advanced as as society enough to live and let live. To let everyone, regarless of thier religious beliefs, sexual orientation, racial heritage, to pursue happiness. Those soldiers are sacrificing for all Americans, even those who are posting differing views on this thread.

    March 23, 2010 at 5:11 pm | Report abuse |
  6. Mark Anderson

    When I was in high school lots of kids went without dates and lots of girls danced with girls because there weren't enough boys to go around. Ms. McMillan and her partner shouldn't have asked anyone's permission. They should have just shown up and danced and had a good time.

    March 23, 2010 at 5:11 pm | Report abuse |
  7. warriorhope

    It doesn't hurt anyone either though, Mr. Judge.

    March 23, 2010 at 5:13 pm | Report abuse |
  8. Rhonda

    I can't believe that they would cancel the entire prom for this. i don't agree with any of it. why didn't they just tell the girls they couldn't attend? still wrong but the whole prom!!!

    March 23, 2010 at 5:13 pm | Report abuse |
  9. DC in DC

    I'm pretty sure in this ruling the judge said it was discriminatory for the HS to restrict the girl from attending, however the judge also decided that there is no way to force a school to have a prom either.

    March 23, 2010 at 5:13 pm | Report abuse |
  10. Manuel

    From what I understand, the principal was getting hounded by both sides so that's why he just threw his hands up in the air and just canceled the event. I think it was the right decision although I can understand why people on both sides being upset.

    March 23, 2010 at 5:13 pm | Report abuse |
  11. DK

    Kim relax, I'm sure the story will develop further, this was the breaking news blog you're on.

    March 23, 2010 at 5:13 pm | Report abuse |
  12. Ellie M.

    A school district cancelling prom due to a lesbian student asking to attend with her girlfriend is repulsive. It goes against everything we try to teach our children about acceptance, tolerance, and unity. Singling out a high school girl for being lesbian, cancelling prom and pointing the finger of blame at her sickens me to the core. Why on earth would someone cancel prom because of this? Prom is a lanmark event in the lives of millions of teens across the country. It's so unbelievable that some will not be able to attend prom- some their SENIOR prom. I have great hope that they will change their minds and put prom back on the map once again. Otherwise this is simply a case of an intolerant prejudice against the gay community. One which should be- in no way- tolerated by all those affected.

    March 23, 2010 at 5:15 pm | Report abuse |
  13. j in miss

    The headline is incorrect. The court didn't grant the injunction but did rule that the girl's 1st amendment rights had been violated.

    March 23, 2010 at 5:15 pm | Report abuse |
  14. Carlijn

    I'm sorry, am I the only one who thinks racism is AGAIN THE LAW?!?! It's pure racism, and the court thinks it's the school's right to do that? What's next, cancel a prom because someone from China and someone from Australia want to go together? Same basic principle!

    March 23, 2010 at 5:16 pm | Report abuse |
  15. Steve in Pittsurgh

    Good decision. The student didn't "ask" to go to the prom: she demanded to go to the prom with her girlfriend– through a lawsuit and legal action. Certainly the school board can just say no to the politicization of its prom. I'm not sure they made the best decision, but they made it within their rights and proper purview. And unlike the girl or her ACLU buddies, who are beholden to no one, they are beholden to the local people for their decision. If the people don't like the school board decision, they can vote them out. That's how it should work.

    March 23, 2010 at 5:17 pm | Report abuse |
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