School violated lesbian’s rights, judge says

Davidson did say he will hold a trial on the issue later, but he did not set a date. Any ruling would probably be 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 Kristy Bennett, ACLU Mississippi legal director, 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 that 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 lawyer, said his clients were pleased with Davidson’s ruling.

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

She was told that two girls couldn’t attend the prom together and that she wouldn’t be allowed to wear a tuxedo, court documents show.