JACKSON, Miss. - A Mississippi federal judge has refused to dismiss a lawsuit brought by lesbian teenager Ceara Sturgis over the Copiah County School Districts refusal to include a picture of her in a tuxedo in the high school yearbook’s senior section, The Associated Press has reported.

A U.S. District Court judge this past week denied the dismissal motion filed by the school system.

Copiah County School District was sued by Sturgis after a photo of her in a tuxedo was cut from the senior portrait section of her high school’s 2010 annual.

Sturgis’ suit, filed in August 2010 by the American Civil Liberties Union on her behalf, alleges the school district discriminated against her.

Her suit asks for unspecified damages and legal costs.