By now you've heard of Constance, the Mississippi high school senior who, like most teenagers, was looking forward to prom with the date and outfit of her choice. Yet Constance's prom has been complicated by one issue: the school refused to hold prom because she is gay, planned to bring her girlfriend as her date and to wear a tuxedo to the event.

The ACLU sued the Mississippi school demanding that the prom be held, but unfortunately, the prom is still off. Yet there is some very good news: U.S. District Judge Glen H. Davidson ruled that Constance's school did in fact violate her constitutional rights in calling off the prom as a result of Constance's plans to bring her girlfriend and wear a tux.

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. The Court is also of the opinion that the motive behind the School Board's cancellation of the prom, or withdrawal of their sponsorship, was Constance’s requests and the ACLU’s demand letter sent on her behalf.”

This is a victory for all students, affirming their right to be who they are. The decision was lauded by Legal Director of Mississippi, Kristy Bennet, who argued Constance's case:

“Today’s ruling isn’t just a win for Constance and her girlfriend – it’s a win for all the students at her school, and for all lesbian, gay, bisexual, and transgender students who just want to be able to be themselves at school without being treated unfairly...Public schools can’t just stomp on students’ free expression rights just because they don't want to deal with these students, and if schools do try to do that they’ll be dealing with us."

Learn more about the ACLU's work on promoting safe environments in our schools for all students. You can also join a Facebook page that now has over 400,000 supporters called "Let Constance Take Her Girlfriend to Prom".

There is also momentum building on the Student Non-Discrimination Act, which has already been introduced in the House. Congresswoman Pingree is already a co-sponsor of the bill (thank her!), but you can use this action center page to ask Rep. Michaud to join as well.