A federal judge has ruled that a student's rights were violated when her school refused her and her girlfriend permission to attend its prom.

Earlier this month Itawamba Agricultural High School in Mississippi denied senior student Constance McMillen's request to wear a tuxedo and escort her girlfriend to the event.

After Miss McMillen challenged the decision via the American Civil Liberties Union, the school decided to cancel the prom informing the students they would have to organize their own private function.

The case has in the past week grabbed world media attention following the American Civil Liberties Union's decision to sue and force the school to reverse the decision.

An outpouring of public support for the student has since snow-balled - including an invitation to appear on the Ellen Degeneres's Talk Show where Miss McMillen received encouragement from the host and a $30,000 university scholarship.

Kristy Bennett, legal director of the ACLU of Mississippi, said: "Prom is supposed to be about all students being able to express themselves, have fun, and make memories that will last the rest of their lives.

"Constance has a constitutional right to take the person she's dating to the prom, just like any other student at any other public school."

This week the court ruled the school's decision unconstitutional but declined to force it to reschedule the event since a replacement private function had already been announced – open to all students, including McMillen.

The ACLU quoted the 18 year old in its announcement celebrating the outcome: "It feels really good that the court realized that the school was violating my rights and discriminating against me by cancelling the prom. All I ever wanted was for my school to treat me and my girlfriend like any other couple that wants to go to prom

"Now we can all get back to things like picking out our prom night outfits and thinking about corsages"

Several gay and lesbian students have since taken Constance's lead, challenging similar same sex discrimination at their schools in regards to prom events.

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