The Supreme Court declined to weigh a North Carolina charter school's defense of its dress code requiring female students to wear dresses or skirts on Monday.
The justices turned away an appeal by Charter Day School, leaving in place a lower court decision that the dress code discriminates against students based on gender in violation of the Constitution's 14th Amendment's promise of equal protection under the law.
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At issue in the case is whether the school, located in Leland, North Carolina, was subject to the equal protection clause when it enforced the skirt policy.
School officials argued its uniform policy was designed to create classroom discipline and "mutual respect" among boys and girls. The charter school is tuition-free, open to attendance by all, and works with students from kindergarten to eighth grade.
The American Civil Liberties Union represented three students and their parents or guardians in a suit alleging the skirt requirement was based on gender stereotypes and violated the 14th Amendment.
The school appealed after it lost its battle over the matter in the U.S. Court of Appeals for the 4th Circuit by a 10-6 vote. The majority ruled against the school because they said it is publicly funded, the employees are considered public school employees, and the state delegated to them a duty to educate students.
One of the student plaintiffs who testified in the case said the dress code sent a signal that girls "simply weren't worth as much as boys" and "are not in fact equal to boys."
It "sends the message that girls should be less active than boys and that they are more delicate than boys," putting boys "in a position of power over girls," another plaintiff alleged.
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Meanwhile, the school argued the 4th Circuit's decision undermines charter schools by treating "private operators as the constitutional equivalent of government-run schools, squelching innovation and restricting parental choice.”
President Joe Biden's administration filed a brief urging the justices to deny the school's appeal."
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June 26, 2023 at 09:51PM
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Supreme Court declines to hear North Carolina school case on mandatory skirts for girls - Washington Examiner
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