Judge won't force Mississippi district to hold prom

JACKSON, Miss. — A Mississippi school district violated a lesbian student's rights by banning her from bringing her girlfriend to the prom, a federal judge ruled Tuesday, but he stopped short of forcing the district to hold the event.

U.S. District Judge Glen H. Davidson denied an American Civil Liberties Union request for a preliminary injunction that would have forced the Itawamba County school district to sponsor the April 2 prom and allow Constance McMillen to escort her girlfriend and wear a tuxedo.

Davidson did say he will hold a trial on the issue later, but he did not set a date and any ruling would likely come too late to force the district to hold the prom when it was originally scheduled.

Davidson's order says the district violated McMillen's constitutional rights by denying her request to bring her girlfriend and wear a tuxedo, and ACLU Mississippi legal director Kristy Bennett called that a victory.

She said Davidson's order allows McMillen to amend her petition within 30 days, meaning she could sue for damages because she couldn't get the prom reinstated.

Davidson said he denied the injunction request because a private prom parents are planning will serve the same purpose as the school prom. He wrote in his ruling that "requiring defendants to step back into a sponsorship role at this late date would only confuse and confound the community on the issue."

School officials said in court they decided to call off the prom at Itawamba Agricultural High School because McMillen's challenge to the rules had caused disruptions.

Ben Griffith, the school district's attorney, said his clients were pleased with Davidson's ruling.

McMillen first approached school officials about bringing her girlfriend in December, and again in February. Same-sex prom dates had been banned in the past, but she had hoped school officials would grant her request.

"I thought maybe the policy had been in place for a different reason," McMillen testified at a hearing on the ACLU lawsuit. "I wanted to let them know how it made me feel. I felt like I couldn't go to the prom."

She was told two girls couldn't attend the prom together and she wouldn't be allowed to wear a tuxedo, court documents show. The ACLU issued a demand letter earlier this month and the district responded by canceling the event.

District officials said they felt not hosting the prom was the best decision "after taking into consideration the education, safety and well being of our students." Superintendent Teresa McNeece said it was "a no-win situation."