( 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 . '' When school officials told McMillen she could neither take her girlfriend to the prom nor wear a tuxedo to the event , the senior went to the American Civil Liberties Union , which demanded the school change its policy . In response , the school district canceled the prom altogether . Davidson denied a motion for an injunction filed by McMillen against the school district 's superintendent , the school 's principal and its assistant principal asking the court to order that the April 2 prom be reinstated , saying that parents were planning a private event to be held on that date for all students , including McMillen . Requiring school officials `` to step back into a sponsorship role at this late date would only confuse and confound the community on the issue , '' he said . Read the judge 's opinion ( PDF ) Both sides in the dispute were happy with the outcome . `` It vindicates Constance 's rights , '' said Christine Sun , senior counsel with the ACLU 's lesbian , gay , bisexual and transgender project . `` It sets a legal precedent for gay and lesbian students all over the country that they have the right to bring a same-sex date to the prom and also to wear gender-nonconforming clothes to the prom . We were looking for a ruling that what the school did was violate her rights , '' Sun said . School board attorney Michele Floyd said the school district was also pleased with the decision . She said the parent-sponsored event , which may be called a ball instead of a prom , is to be held in Tupelo , 19 miles away . But ACLU 's Sun said McMillen had not received an invitation . `` We have n't heard anything about this private prom other than what this school district has told us , '' she said . `` It remains to be seen whether she will be able to attend the private prom . '' McMillen 's case is going forward on a damages claim and the ACLU 's request for attorneys ' fees , she said . `` She got what she wanted , and now it 's just a question of what the damages might be in her case . '' `` I never thought the school would try to cancel the prom and hurt everyone just to keep me and my girlfriend from going together , '' McMillen said last week in an ACLU news release . `` A lot of people have made really generous offers to pay for a prom somewhere else , which I really appreciate . But all I 've ever wanted was to be able to just go to my own school 's prom with my girlfriend . '' At the center of the lawsuit is a February 5 memorandum from the school to students that said prom dates must be of the opposite sex . Superintendent Teresa McNeece also told McMillen that she and her girlfriend could be ejected from the prom if other students complained about their presence , according to the documents .
ACLU , school board attorney both say they 're pleased with the decision . Judge wo n't order school district to hold a prom that it had canceled . Cancellation came after openly lesbian student asked to attend with girlfriend . Comment: