Update: 3/24/10

U.S. District Judge Glen H. Davidson ruled on Tuesday that Itawamba Agricultural High School violated Constance McMillen First Amendment rights when they refused to allow her to attend her prom with her girlfriend.

However, Judge Davidson refused to order the school district to hold the dance it had canceled over the matter.

In his 12-page order Judge Davidson wrote, “The record shows Constance has been openly gay since eighth grade and she intended to communicate a message by wearing a tuxedo and to express her identity through attending prom with a same-sex date.”

“The court finds this expression and communication of her viewpoint is the type of speech that falls squarely within the purview of the First Amendment.

It is unclear whether the school district has decided to hold the prom.

Original story

A Mississippi school district canceled a high school prom after a lesbian student demanded to wear a tuxedo to the event and bring her girlfriend.

In a memo that was sent to students on Feb. 5, the school district laid out the criteria for bringing a date to the prom.

Itawamba County Agricultural High School senior Constance McMillen decided to fight the archaic school policy which requires senior prom dates to be of the opposite sex.

It is alleged that the district told McMillen that she was allowed to come to the dance but she and her girlfriend were not allowed to arrive together, she would not be allowed to wear a tuxedo, and that she and her girlfriend might be asked to leave if their presence made any of the other students “uncomfortable.”

The American Civil Liberties Union of Mississippi got involved with McMillen’s fight and asked the Itawamba County school district to change their policy and allow the 18-year-old to bring her girlfriend, who is also a high school student, to the prom but the district decided to cancel the event instead.

In a statement that was released last night, the Itawamba County School district said, “due to the distractions to the educational process caused by recent events,” they were canceling the April 2, dance.

“It is our hope that private citizens will organize an event for the juniors and seniors,” the statement said.  “However, at this time we feel that it is in the best interest of the Itawamba County School District, after taking into consideration the education, safety and well being of our students.

Itawamba County is a rural area with a population of about 23,000 people in North Mississippi near the Alabama state line.

I suggest that the good people of Itawamba County march down to that school district and stand up for McMillen…this is DISCRIMINATION!!!