Constance McMillen, the lesbian student who was denied the right to bring her girlfriend to her prom, has won her day in court. The judge said that she had the right to attend the privately held prom, but did not force the school to reinstate the original, school sponsored, prom. Along with the ruling, students are allowed to wear outfits that would typically be reserved for someone of the same sex. This verdict comes on the heels of a similar reversal of position by a Georgia school district that had originally told 18 year old Derrick Martin that he could not attend prom with his bf. I would not be surprised if all of this Constance business was a major factor in their reversal. More on Constance’s victory from the ACLU.
U.S. District Judge Glen H. Davidson denied the ACLU’s request for a preliminary injunction. He said he’ll still hold a trial, but he did not set a date, meaning any ruling would likely come too late to have the prom when it was originally scheduled. Davidson did say in his order that the district had violated McMillen’s constitutional rights by denying her request to bring her girlfriend and wear a tuxedo. “We consider this a victory,” said ACLU Mississippi legal director Kristy Bennett. But Davidson said a private prom parents are now 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.”
