Mississippi lesbian teen has right self-expression expression, local school won’t be forced to reinstate prom

(CNN) — A Mississippi lesbian Tuesday won a judge’s backing for her contention that her First Amendment rights were violated when her high school refused to allow her to attend her prom with her girlfriend.

But U.S. District Judge Glen H. Davidson refused to order the Itawamba County School District in Fulton, Mississippi, to hold the dance it had canceled over the matter.

In his 12-page order, Davidson also ruled that Itawamba Agricultural High School’s denial of 18-year-old Constance McMillen’s request to wear a tuxedo to her prom was a violation of her rights.

“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,” Davidson wrote.

“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.”