Brody's Notes... U. S. District Court Judge Rules McMillen's Civil Rights Violated But Won't Force School To Hold Prom

By Brody Levesque (Washington DC) Mar 23 |  U.S. District Judge Glen H. Davidson today refused the American Civil Liberties Union's demand to force the Itawamba County Mississippi school district to put on the April 2 prom. However, he said canceling it did violate 18-year-old Constance McMillen's rights and that he would hold a trial on the issue. Kristy Bennett, ACLU Mississippi legal director, called the decision a victory. 

The judge noted that McMillen has been openly gay since she was in the eighth grade and that she intended to communicate a message by wearing a tuxedo and escorting a same-sex date.

''The court finds this expression and communication falls squarely within the purview of the First Amendment,'' Davidson wrote in his opinion. He noted that a private prom parents are planning will serve the same purpose as a school-sponsored one. He wrote that:
"Requiring defendants to step back into a sponsorship role at this late date would only confuse and confound the community on the issue.''