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. patricia

    For goodness sake, a court can't force a school to hold a prom, no matter what the grounds! Looks like people are using this case as a big "pity me" story for an otherwise unrelated cause. The judge was called to determine whether the prom is to be held or not...not the school's supposed homophobic actions or intentions. Jeez. Think a little. If they really wanted to make a difference, the young lady involved as well as the ACLU should have petitioned on firmer grounds than just a prom.

    March 23, 2010 at 5:29 pm | Report abuse |
  2. GQ

    While I believe the school board was wrong for cancelling the prom for this reason, I believe they were in their legal rights to do so. The 'gay' issue is something that many of us didn't grow up, but must be recognized and accepted as part of today's society. However, a prom is an extra curricular activity. They can cancel it if they want. And nobody was discriminated against. The cancellation hurt all students.

    March 23, 2010 at 5:29 pm | Report abuse |
  3. joan c.

    I believe the school cancelled the prom because the girl made this a public situation and the school was afraid there would be problems. You know how the media are. I was in high school when the first blacks entered and none of us cared. We went on with our lives. The problems began when the police and reporters showed up. Thinking they might get on TV, the thugs started trouble. I think if she had just showed up at the prom as she wanted to there would not have been a problem.

    March 23, 2010 at 5:29 pm | Report abuse |
  4. Chad V from MS

    As an adult male in MS who is out, this absolutely disgusts me. Our state is so in the dark when it comes to people's rights. are we ever going to move forward? god, i only hope so!

    March 23, 2010 at 5:29 pm | Report abuse |
  5. Awesome!

    Hats off to the judge! Since when is it ok for lesbians to be in a social settings with minors? What about the minors, who are by the way, at such a delicate age, see two girls dancing, kissing – its disgusting and perverted. All this jjust because of someones sexual preference. Has nothing to do with race, gender, religion – the core of which discrimination should be prevented, If everyone was over 18, not a problem, let them do what they want, where they want, but they have 16 and 17 year old minors there. UNACCEPTABLE behavior by these young girls, they should show respect and restraint.

    March 23, 2010 at 5:29 pm | Report abuse |
  6. Xango

    How disgusting of that judge AND the school district.

    March 23, 2010 at 5:29 pm | Report abuse |
  7. Em

    It's 2010.
    Is this seriously happening?

    March 23, 2010 at 5:30 pm | Report abuse |
  8. Jaysunstar

    The girl wanted to wear a tuxedo to the prom with her date. The school canceled the prom and encouraged the "private citizens" to organize their own event off school grounds.

    The school has the right to cancel a prom if they want. McMillen could not prove in court that forcing the school to hold a prom on school grounds would 'serve public interest'.

    March 23, 2010 at 5:30 pm | Report abuse |
  9. michelle

    He made the right decision in accordance to the law. They had to show that it would "serve the public interest". If they didn't do that no matter what the issue is the judge has to reject it. Now that being said what the school did was wrong and is discriminatory. It is 2010 people not 1950. Are they going to shut a prom down in Mississippi because the "colored folk" might come? Bloody ridiculous. Back to the dark ages because some teenager has the courage to express themselves.

    March 23, 2010 at 5:30 pm | Report abuse |
  10. militant lesbian

    it's all good....we, the gays and lesbians of the United States, WILL remember this when we take over the world, and the d-bags who are haters will NOT be spared in the revolution! 🙂

    March 23, 2010 at 5:30 pm | Report abuse |
  11. Ryan looks like the blogosphere and the "user comments" sections are becoming the areas to where you actually find the substance of the "news" from. The media is a joke.

    March 23, 2010 at 5:30 pm | Report abuse |
  12. neil m.

    What is wrong with all this is that this country is trying to say being gay is o.k.
    If everyone in the world were strictly gay, the human race would disappear. From the looks of what mankind has done to the earth this might be a good thing.

    March 23, 2010 at 5:30 pm | Report abuse |
  13. Buck Ofama

    I'm always in awe at the in depth reporting and effort that CNN puts into every news story. Oh well, at least they didn't have any spelling errors like they normally do in their articles...

    March 23, 2010 at 5:31 pm | Report abuse |
  14. Tina Ferraro

    FYI, Mr. Delgado, I believe she did "ask" the school first. She went to them and told them of her intentions and only got a lawyer and the ACLU involved when the school said no. Though there's no way to know any of that from this in-depth story.

    March 23, 2010 at 5:31 pm | Report abuse |
  15. Ron

    The only minority being discriminated against is the Christian faith. Without morality the enitre society will be destroyed. Congratulations to the school district. The only ones who should be embarrassed are the girls in question. While we all sin, it can not be condoned. The girls are not bad. Their actions are bad. One must learn to separate the goodness of the person, from the illness of the sin.

    March 23, 2010 at 5:31 pm | Report abuse |
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