April 6, 2010 10:55 AM

Lesbian Teen Can Attend Offsite Prom

An attorney says a lesbian student who sued a Mississippi school over its policy banning same-sex prom dates can bring her girlfriend to a privately sponsored dance.

Itawamba County school board attorney Michele Floyd said Tuesday that 18-year-old Constance McMillen can escort her girlfriend to the dance Friday at the Fulton Country Club.

The private prom replaces one the school district canceled rather than let McMillen wear a tuxedo and bring her girlfriend, who is also a student at Itawamba Agricultural High School.

A federal judge ruled last week that the district's actions violated McMillen's constitutional rights, but he didn't reinstate the school prom.

He said he would hold a trial on the matter later.

Earlier this week, students at a California school said that if McMillen could not attend her own prom, they would invite her to theirs.

Itawamba officials said they felt not hosting the prom was the best decision "after taking into consideration the education, safety and well being of our students." Superintendent Teresa McNeece said it was "a no-win situation."

Related:

Gay Teens Receive Invite to Calif. Prom
Prom Fight Was Worth It, Gay Teen Says
Judge: School Violated Gay Teen's Rights
Lesbian Teen Prom Date Case in Court

Lesbian Teen Gets Scholarship from Ellen
Lesbian Teen Speaks Out on Cancelled Prom
Teen Sues District for Discrimination
Lesbian Teen Faces Class Over Nixed Prom
School Cancels Prom over Lesbian Couple

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

"I thought maybe the policy had been in place for a different reason," McMillen testified at a hearing on the ACLU lawsuit. "I wanted to let them know how it made me feel. I felt like I couldn't go to the prom."

She was told two girls couldn't attend together and she wouldn't be allowed to wear a tuxedo, court documents show. The ACLU issued a demand letter earlier this month and the district responded by canceling the event. McMillen, who lives with her grandmother and has a 3.8 grade point average, has kept her 16-year-old girlfriend out of the spotlight at the request of the girl's parents.

© 2010 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Add a Comment
by kansas1946 March 30, 2010 9:29 PM EDT
What does the school mean that two girl can't go to the prom together. When I was a kid lots of girls went together if they didn't have a date. The only thing I will begrudgingly give the school administration is, that if feelings were high enough, and in
Mississippi, not known for its level of intellect, their could have
been serious incidents, including violence, at the prom. Just like there would have been in Mississippi forty years ago if a girl had come with a black data.
Reply to this comment
by cgirltruck March 31, 2010 7:39 AM EDT
You showed us your level of intellect. There are a great number of very smart people in Mississippi and the rest of the south. It's not only the south that has a problem with sexual issues so quit trying to stereotype.
by barbaram99 March 30, 2010 9:04 PM EDT
This is 2010 and not the dark ages.. Go Girl.. The school isorried about issues..I can understand dresscodes..Formal wear is worn..Like it or not, there are gay,transgender people as well..They have rights as well.,,
Reply to this comment
by barbaram99 March 30, 2010 9:03 PM EDT
This is 2010 and not the dark ages.. Go Girl.. The school isorried about issues..I can understand dresscodes..Formal wear is worn..Like it or not, there are gay,transgender people as well..They have rights as well.,,
Reply to this comment
by rwsmith29456 March 30, 2010 8:44 PM EDT
"Earlier this week, students at a California school said that if McMillen could not attend her own prom, they would invite her to theirs." GO STUDENTS!!!!!!!!! Idiotic School Officials!!!!!!
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