. >> reporter: for constance mcmillen, the prom is still off.even though a federal judge ruled that the high school violated her rights by refusing to let her take her girlfriend to the big dance and wear a tuxedo. mcmillen, openly lesbian since the 8th grade was pushing that same point. but itawam baagricultural high canceled the prom, rather than allow a same-sex couple to attend. >> it hurts me that they would rather punish everybody than do the right thing. >> we'll allow each school to you know, look at their particular situation. and design rules that they think are best for the conduct of their students. >> reporter: fulton's students are devoided. >> i think they need to put them on an island. whether it's a dress, tuxedo, girl or boy, let her go to prom. . >> reporter: the federal judge refused to order the school to hold the prom because a private one is scheduled. but mcmillen may skip it. too much hostility on what is supposed to be a teenager's magical night. mark strausman, cbs news, atlanta. >> the 715-student high school is locat

a federal judge ruling that, yes, the school violated constance mcmillen's first amendment rights when it canceled the prom for everyone. he still isn't forcing the school to schedule the prom because there's any time for it. a private prom is in the work, but mcmillen isn't sure she'll go. >> i think that the judge made a good decision because, i mean, i understand where he was coming from where we were an inconvenience to other people, but i'm glad that he did realize that the school did violate my rights. >> there's this talk now of a private prom that's going to be held. do you want to be invited to it? >> yes. i mean, most of, like, people that i know are going to be there. so, you know, but i'm going to see the reaction from other people, like, at school and then i'll make my decision on whether or not i'm going to go because i'm not going to go somewhere where most people there hate me. >> mcmillen appeared on "the ellen degeneres show" and she was press eptsed a $30,000 college scholarship. >>> oprah winfrey met wom woman-to-woman with her former head mistress and that ended a

but mcmillen may decide to skip it. too much hostility on what's supposed to be a teenageary's magical night. mark strassmann, cbs news, atlanta. >> now let's go to fulton, mississippi, and hear from constance mcmillen and her lawyer christine sun of the aclu. good morning to you both. >> good morning. >> good morning. >> christine, let me start with you. the school district was legally out of bounds, so found the court, based on what? >> well, the court found that the school had violated constance's free speech rights, and we were very pleased with the ruling, because it establishes that students can bring same-sex dates to the prom and they can wear clothes that they're comfortable in. >> but the judge also didn't go so far as to say the school has to have a prom, right? >> right. well, that's because the school district represented that there was a private prom being organized by parents that constance and all other students would be invited to. but constance still hasn't been invited to that prom. so i think it rema

but mcmillen may decide to skip it.oo much hostility on what is supposed to be a teenager's magical night. mark strausman, cbs news, atlanta. >> about 715 students attend the high school. a group of parents are organizing the private prom. but it's not clear if mcmillen is invited to attend with her girlfriend. >>> a scene being organized on capitol hill today. >> the people want humanitarian services. they want homes. they want education. they want healthcare. >> ma'am, you're out of order. would you please leave the room. please? >> reporter: protestor interrupted robert gates as he testified about the military budget request. the woman was escorted from the room. >>> a fight in court today to block the release of surveillance video which shows the death of a sea world trainer. suzanne collins is live in the newsroom to explain the battle. >> dawn brancho's-- branchiau said that they will suffer extreme harm if the videos are released. you may recall that branchiau was killed when a killer whale took her under water.

a federal judge ruled a school district violated constance mcmillen's constitutional rights after hercanceled a prom rather than allow constance to bring her girlfriend. but the judge did not force the school to hold a prom which is what the american civil liberties union was trying for when they filed the lawsuit on constance' behalf. joining us is the senior staff attorney for the aclu project, joining us from nashville and constance mcmillen joins us by phone. thank you both for joining us. >> thank you. >> thanks for having us. >> i'll start with you, constance. how do you feel about this? >> i'm happy about the decision. i mean, i understood that it would inconvenience a lot of people for them to move it back to the school from the furniture market but, i mean, it makes me kind of sad but i'm still okay with it and i think he made a good decision and i'm happy about the fact he realized dhe violate my rights. >> i understand you may be participating in like a celebrity prom and a couple other events? >> i really haven't made a decision. >> let me talk about the legality of this.

a federal judge agreed that mississippi teenager constance mcmillen that her rights were violated whener high school refused to let her take a same-sex date to the school's prom. but the judge also refused to order itawamba school system to hold that dance that was canceled due to controversy. >>> changing security at the airport. metal detectors may no longer have the last word. instead, it might be you in a face to face interview with screeners. >>> president obama's choice to run the tsa has a model in mind -- israel. kate, fill us in. >> very interesting. hey there, kyra. after this position remained vacant for more than a year, president obama's new pick to lead the transportation security administration will be sitting down for a second day of confirmation hearings on capitol hill today. and yesterday retired army major general robert harding started laying out his ideas for u.s. airport security, saying he really wants to beef it up to better resemble certain airports overseas. listen here. >> i agree with you that we should move even closer to an israeli model, whether it's mor

school canceled its prom instead of allowing her to bring her girlfriend, 18-year-old constance mcmillenpected to attend a private prom held by parents. she's also attending second chance prom hosted by celebrities including popular group green day. coming up at 2:30, going to talk with constance about the court victory and the decision by her school not to let her and her date in the prom. we'd like to know what you think. twitter msnbc.com. we'll read the tweet shortly. >>> surprising results of a new poll show the tea party movement could have a big affect on the midterm elections. but not the way you may be thinking. we'll explain. >>> sarah palin will reportedly rake in millions with a new reality show. getting the scoop on this one after a quick brachlt red stayfr® to create a whole new level of comfort when it comes to your period. only stayfree® ultra thins have thermocontrol™. . designed with the comfort of athletic fabrics in mind, stayfree® with thermocontrol™ quickly wicks moisture away for exceptional dryness. so you stay incredibly comfortable no matter where your day takes

the judge said the move violated constance mcmillen's rights. however, he stopped short of forcing the itawamba county school district to hold the dance saying such a ruling would only confuse the community. >>> up next the military faces a fighter jet shortage but there's a big discrepancy between the shortfall the pentagon is expecting and what they are budgeting for. is it a case of more fuzzy math from the pentagon? >>> then the world's largest oil exporter was the target of a widespread terror plot. more than a hundred suspects have been arrested. how many more are still at large? >>> plus, the most talked about story of the day. does your son have a nanny? if so, you may be setting him up for a failed marriage. meet an expert who lays out what she claims are the facts. this is msnbc news. the latess inspired stayfree® to create thermocontrol™. designed with the comfort of athletic fabrics in mind, stayfree® with thermocontrol™ quickly wicks moisture away for exceptional dryness. thermocontrol™ only from stayfree®. for exceptional dryness.

a judge in mississippi agrees that constance mcmillen's rights were violated when her high school refusedher take a same-sex date to the prom. the judge refused to order the whole district to hold a dance it canceled. it would interfere with plans with private dance in which they a r. all welcome. >>> more fallout from the catholic church in europe. the pope accepted the resignation of another irish bishop. bishop john mcgee apologizes for any abuse that occurred in his diocese. >>> we are heading to t stimulus desk for fairy tales with josh levs. would you believe a lot of stuff you hear about stimulus spending just isn't true? >>> time now for a visit to the stimulus desk. the chairman of the government board that keeps tabs on stimulus spending says there are a lot of myths out there. josh levs has been looking into that. josh, what are these so-called myths? >> yeah, you know, tony, if you really came out swinging, this man whose job it is to be the nonpartisan watchdog says some people are hyper ventilating, in his words, with some of the things that they're saying about the stimulus

the courtside with the 18-year-old constance mcmillen saying school violated her first amendment rights with its ban on same-sex dates. but the judge stopped short of forcing the school to hold the prom. students will have to attend to a. private party instead. >>> straight ahead, the legal fight over health reforms. if you'll thought there were twists and turns in washington, wait until you hear what's going on in washington state. i've got the governor on the phone. phone. we'll speak to her in a moment. democratic health care reform in congress, republican opponents have other options, including lawsuits. as we've been reporting to you, 14 states, these states in red, have filed suits that challenge the very constitutionality of the new federal mandates, especially the run requiring almost all americans to buy coverage or pay fines. basically the attorneys general in these states say that is not a right that is given to the federal government for them to put that into the law. all of those states, by the way, have republican attorneys general, except one, louisiana. but four of the s

the school-sponsored prom was canceled after constance mcmillen asked if she could wear a tux and bringer girlfriend to the dance. >>> beach washington is living up to its name, isn't it? this home along the coast, being washed away because of heavy surf eroding a cliff there. one homeowner says she woke up to the sound of the family's two-story shed being overtaken by water. several homes in the area are also in danger of going under water. >> you stay as long as you can stay because that's yours. you've paid hard money for it and you keep hoping that things will change and they don't. >> according to the washington state department of ecology washaway beach has the most rapid eroegsz on the pacific coast averaging about 100 feet per year. >>> well, president obama sees a future america run by clean renewable energy. and right now he's going after more oil. where he proposes to find out -- find it. what you think about his policy change here? what's the controversy? >>> i want to let you know we're following a tragic shooting that's left two young boys dead in scottsdale, arizona. poli