The Supreme Court declined Monday to take up a North Carolina charter school’s appeal over its skirts-only dress code for girls.
The charter school operates with government funding, but under a contract with the state, it’s subject to minimal government oversight, compared to other public schools.
The school, along with parents, implemented a uniform policy requiring students to wear white or navy blue tops tucked into khakis or blue bottoms. Boys must wear pants or shorts, and girls must wear skirts, skorts or jumpers.
Three students challenged the policy in court, arguing it runs afoul of the Constitution’s Equal Protection Clause and state law.
The federal appeals court sided with the students, prompting the school to ask the Supreme Court to consider the case.
It would have taken four justices to vote in favor of reviewing the case for it to be heard.
The students argued the school must be subject to federal law. They said the skirts restrict the girls’ ability to be active during recess and expose their underwear in certain scenarios, like when crawling during tornado and fire drills. They also said girls can be warmer in pants in the winter.
The American Civil Liberties Union cheered the high court’s rejection of the school’s appeal.
“Today’s announcement is a victory for the thousands of students who attend public charter schools in North Carolina and for the 3.6 million students like them nationwide,” said Ria Tabacco Mar, director of the Women’s Rights Project at the American Civil Liberties Union. “Girls at public charter schools have the same constitutional rights as their peers at other public schools — including the freedom to wear pants. We will continue to fight for all girls to learn in safe and equal schools.”
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June 26, 2023 at 09:21PM
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Supreme Court won't hear case over school skirts-only uniform for girls - Washington Times
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