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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    An entire senior class was denied a prom because the school system did not want two individuals to attend the prom together. The school really made a starement, we will make everyone suffer to prove our point!

    March 23, 2010 at 5:17 pm | Report abuse |
  2. Kat Thyme

    I think its wrong for them to cancel a whole Prom, and i think its also wrong for the judge to not allow them to go together! As long as they don't do anything bad or disruptive in public they should be allowed to go.

    March 23, 2010 at 5:18 pm | Report abuse |
  3. judi

    one more step backward for our country. This is just sad.

    March 23, 2010 at 5:20 pm | Report abuse |
  4. Grace

    She won on several points:

    The court ruled that forcing the school to host a prom would not be in the public's interest, because parents of the highschool students have already decided to throw a party/prom for the students and allow everyone (including Constance) to attend with whomever they want.

    The court DID rule that Constance's first amendment rights were infringed upon and that the infringement of those rights have caused her harm.

    March 23, 2010 at 5:20 pm | Report abuse |
  5. Jason

    Fine.. the school officially canceled the prom. How about the students stand up for themselves and hold their own prom wihtout school officials? As you've heard the new phrase "teachable moment", here's an opportunity for the students to teach the administration and the judge. I can't believe that the rest of the student body isn't ticked off enough to do something about it. I guess they just don't care.

    March 23, 2010 at 5:20 pm | Report abuse |
  6. reACTIONary

    So what if they canceled the prom because a black/white couple decided to attend? This sort of discirmination should recieve the same level of scruteny.

    March 23, 2010 at 5:20 pm | Report abuse |
  7. Dan

    Hopefully this shameless bigotry is reversed on appeal. Why are Mississippi and Alabama even allowed to be part of the Union being so backward?

    March 23, 2010 at 5:20 pm | Report abuse |
  8. ClearThinker

    The judge's ruling is NOT discrimination. Nor is cancelling the prom. Cancelling the prom affects everyone equally, regardless of race, religion, sex, or sexual orientation. It's discrimination to have the prom and tell her she can't attend. With no prom, her legal claim falls flat as there is no law requiring the district to hold a prom at all.

    March 23, 2010 at 5:21 pm | Report abuse |
  9. tony r

    I don't feel that a prom is a legal right. That being said, the decision to cancel it was the
    result of some deep seated homophobia. If we cancelled events for fear that gays might attend, then we'd all be staying home most of the time.

    Does the school board there think they are protecting the children?
    And maybe they should have asked the students, since after all, the prom is actually for them.

    March 23, 2010 at 5:21 pm | Report abuse |
  10. Lou from CT

    This just proves, as others have stated, that discrimation continues despite the advances of this day and age. Shame on the school district for their subterfuge.

    March 23, 2010 at 5:22 pm | Report abuse |
  11. Josh

    You can't blame the judge. His decision has to be based on the law and he can't rule in her favor if she presented a poor case even if he wants to. It seems proving it would do the public good is a pretty easy point to make so the girl should have presented a better case

    March 23, 2010 at 5:22 pm | Report abuse |
  12. Steve

    Why a FEDERAL judge has to rule on this at all is the absurd thing. No one's rights were infringed upon here. The voters need to vote out the superintendent of that school district. Perhaps even file a lawsuit for purchases/down-payments related to the canceled prom.

    March 23, 2010 at 5:22 pm | Report abuse |
  13. Fred

    Proms are a waste of maney anyway

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

    Proof again that there is no justice. This judge should be censured. Action must be taken. HUMAN RIGTS PEOPLE. BASIC HUMAN RIGHTS.

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

    I wish people would actually take the time to read an entire (very short) article, before posting a comment that consists of a question that's answered in the (very short) article. This behavior makes it increasingly difficult for me to believe that most people aren't too ignorant to speak. But, then in the good ole USA, every stupid person has the Constitutional right to say whatever stupid thing they want, unless it's to threaten the President, or involves discussion regarding the exchange of sex for money.

    There is a Constitutional right to a high school education, NOT for any school to hold a dance, or "prom."

    March 23, 2010 at 5:24 pm | Report abuse |
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