On Monday, the U.S. Supreme Court declined to hear an appeal from a North Carolina public charter school challenging a halted policy requiring girls to wear skirts, which the school’s founder claimed was intended to treat women like “fragile vessels.”
The plaintiffs claimed that the skirt restriction broke the 14th Amendment since it was based on gender stereotypes.
Boys are permitted to wear shorts or pants at school.
The justices rejected an appeal from Charter Day School Inc. and upheld a lower court’s finding that the dress code violated the 14th Amendment’s guarantee of equal protection under the law by discriminating against students based on gender. According to the school, the dress code policy was created to promote classroom order and “mutual respect between boys and girls.”
According to court documents, Baker Mitchell, the school’s founder, told parents that the rule was intended to uphold chivalry since women were “regarded as a fragile vessel that men are supposed to take care of and honor.” The American Civil Liberties Union’s Ria Tabacco Mar applauded the court’s decision on behalf of the three pupils and their parents or guardians who sued the school.
The freedom to wear pants is one of the many fundamental rights that girls attending public charter schools have in common with their counterparts attending other public schools. “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,” she said.
The school is not managed by a public school district, but rather by private, nonprofit organizations.
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