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. Johnny

    Another article I read said that the judge agreed that she had been discriminated against and there will be a trial where she can sue the school district for damages. What he ruled was that the school wasn't compelled to reinstate the prom.

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

    I think they should just have the prom an tell her she should follow the rules and take someone of the opposite sex or just not go at all. She shouldn't ruin it for everyone.

    March 23, 2010 at 5:25 pm | Report abuse |
  3. oh please

    Judges are ARBITRARY

    They dont use the law, they use their OWN PERSONAL opinion and if you go to a DIFFERENT judge a DIFFERENT outcome occures.

    JUSTICE is a lie, its all ARBITRARY.

    March 23, 2010 at 5:25 pm | Report abuse |

    This has nothing to do with equality or fairness. The ACLU tried to force a public school board to hold a dance. Like I said before... The ACLU would need to prove that the school was LEGALLY OBLIGATED to hold a dance.... past precedence means nothing. I'm not sure there's a judge in the country would would have ruled otherwise due to the rippling ramification across the nation with every public school board. This ruling has nothing to do with whether she was gay, strait or something in between... If this judge forced a public school to hold a dance than any student, anywhere, for any reason could bring suit against their school for not holding a dance. It's really that simple.

    March 23, 2010 at 5:25 pm | Report abuse |
  5. Alma Montes

    I know prom is a very big deal to seniors where I come from and for them to cancel it because a girl wants to take her girlfriend is ridiculous. All this is going to do is make the other kids angry at this one girl and begin a hate war against gays/lesbians because we all know, kids can be very cruel.

    March 23, 2010 at 5:26 pm | Report abuse |
  6. sword1122

    I don't understand how people think a judge can make a school hold a voluntary function. Proms are not a requirement for a school.

    March 23, 2010 at 5:26 pm | Report abuse |
  7. Confused

    So, it's illegal for any employer or government agency to discriminate based on sexual preference, but not illegal for a public school to do so.

    There must be one hell of a loophole somewhere if a judge ruled in their favor.

    Here's hoping the whole student body gets behind a class action civil suit.

    March 23, 2010 at 5:27 pm | Report abuse |
  8. bob

    The school did not cancel because she was a lesbian it was more how she did it. When you use a lawyer to inform some one they will react and the school reacted by stopping it before it blew up. Another story where you only read what this news outlet wants you to see and don't read the whole story. If she had just gone and not tried to make it in to this big blown out crap this would have never happened. Is there any body on here that knows what a minority is because 90 percent of you are using it in the wrong contexts.

    March 23, 2010 at 5:27 pm | Report abuse |
  9. Miss VP

    I'm willing to bet this has more to do with the parents of the students than the school.

    March 23, 2010 at 5:28 pm | Report abuse |
  10. Cindy

    Maybe she just should have kept her mouth shut and not ruined it for everyone else.

    March 23, 2010 at 5:28 pm | Report abuse |
  11. pappy

    With the ACLU involved the school was right to cancel the whole thing.
    They'd have watch dogs looking for any reason during the prom to be
    "offended" and then sue the school anyhow.

    This is not an issue of two girls going to the prom together, this
    is an issue of having with fight the (deep pockets) of the ACLU.

    March 23, 2010 at 5:28 pm | Report abuse |
  12. saftgek

    The judge ruled – simple-enough. Since he is a District Court Judge, his is NOT the final ruling in the case. Undoubtedly, the ACLU will appeal the ruling – likely all the way to the U.S. Supreme Court – assuming it needs to go that far.

    Also undoubtedly will be a statement and/or action from the White House on the matter. I believe it is highly likely the WH would do a "tsk, tsk" on the ruling.

    I would hope more people would not get their collective bloomers in a bunch. When we understand the structure of the judiciary, we can see this is one in a series of rulings – assuming the appeals process is pursued.

    As to the comments about bigotry, discrimination, ad nauseum – it is the PRACTICE of homosexuality that causes the furor – not simply because one identifies as homosexual. The practice of homosexuality is an abomination and against natural law. That the practice exists – or a substantial number of people want to legitimize it – does not revoke natural law or the Creator's plan.

    Let's cool our jets and wait for the next shoe to drop, O.K.?

    March 23, 2010 at 5:28 pm | Report abuse |
  13. John

    People, please stop being ignorant. I can only take so much! The school did nothing wrong because they just canceled it. Sorry about the sour grapes but they found a way out. If they had the prom without the lesbian, then you can cry discrimination. One of my favorite quotes, "I'm not prejudice, I hate everyone" Thats exactly what they did and they are fully allowed to do it.

    March 23, 2010 at 5:28 pm | Report abuse |
  14. Rob

    I think this is a resounding victory for moral decency, and I'm glad the school stood by its principles! I'm sad that Constance seems to be going through a phase of bewilderment, but I'm so glad our legal system didn't bow to her whims and establish what would have been a very dangerous legal precedent.

    March 23, 2010 at 5:28 pm | Report abuse |
  15. anopinion

    If the girl went through a lawyer and the ACLU to make a point and potentially blow the whole thing up into a potential 'test case' against which future cases could be measure, then I am with the school. Who the he** wants all that attention!

    If the girl went to the principle and said she'd like to a attend with her girlfriend, then it is probably in her rights to do so. However – acting out at the prom would basically turn it into a spectacle, much the same as attending in ones underwear and would still be a major disruption – this is just the way things are. Same sex public expression is not the norm and would attract disproportionate attention.

    If the girl just showed up with her girlfriend and did nothing overtly sexual and was ejected simply on sexual preference, then her rights would have been violated.

    March 23, 2010 at 5:28 pm | Report abuse |
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