A judge in Mississippi has ruled that Constance McMillen’s school violated her rights when they canceled her prom rather than let her attend. But he won’t force the school to reinstate the event.
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.”
The school district’s attorney says he is pleased with the verdict. No date has been set for the full trial.