Home Unlabelled Federal Judge Rules That School Forcing Female Students To Wear Skirts Is Unconstitutional

Federal Judge Rules That School Forcing Female Students To Wear Skirts Is Unconstitutional

6 years ago
3 minute
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The case, filed in 2016, has reached its conclusion

Gender politics seem to be in the news more and more these days. Although some of the issues can often be decisive, sometimes the grievances put forward are hard to argue with. This latest story probably falls into that latter category, with the girls at a high school in North Carolina questioning why they have to wear skirts to school, when some of them would prefer to wear pants.

Image result for charter day school leland

Charter Day Middle School in Leland, NC, whose students filed the lawsuit with the ACLU.

This policy was strictly enforced at the school, and angered some students so much that they brought a lawsuit against the school, with the help of the American Civil Liberties Union.

In 2016, the American Civil Liberties Union, the ACLU of North Carolina, filed a lawsuit against Charter Day School in Leland on behalf of girls ages 5, 10 and 14. The suit claimed that the antiquated policy was a constitutional violation of the equal protection clause.

Apart from being unconstitutional, their suit claimed that the skirt requirement was an academic distraction, made students feel cold, and inhibited them from performing physical activities.

The oldest student, Keely Burks, asked for help from the ACLU after her right to file a petition against the skirt requirement was taken away. This sounds like one young lady who you don’t want to mess with!

“I created a petition to ask my school to change its policy that says girls have to wear skirts to school or risk being punished.”

So, why are we reporting on a case filed in 2016, you might ask? Well, these things take a while to process, and the case has only just reached its conclusion! On Friday, Judge Malcolm Howard in the Eastern District of North Carolina agreed with the ACLU, ruling that the “skirts requirement causes the girls to suffer a burden the boys do not, simply because they are female.”

The judge also rejected the charter school’s reasoning for the dress code. They had alleged it promoted “traditional values” and cultivated “mutual respect” between boys and girls at the school.

The school argued against the lawsuit in 2016 with a written statement:

“CDS’s dress code is not discriminatory and is clearly written out such that parents and students know what is permitted.”

The school also argued they did not have to comply with Title IX, a federal law that protects students in educational programs that receive federal funds from gender discrimination.

A parent of one of the students involved in the case, Bonnie Peltier, was satisfied with the judge’s ruling, but was not impressed with the length of time it took.

Image: WECT News

Pelter told NBC News “We’re happy the court agrees, but it’s disappointing that it took a court order to force the school to accept the simple fact that, in 2019, girls should have the choice to wear pants.”

When another parent, Erika Booth, was alerted to the lawsuit, she was relieved in knowing she wasn’t alone.

“Once I found out there was a lawsuit, I was delighted,” she told TODAY Style, last year.

“I felt like the rule was unfair to girls all along. When my daughter … found out she had to wear skirts the first day of kindergarten, she cried.”

Well done to these kids and the ACLU for standing up for what’s right! AAx

The post Federal Judge Rules That School Forcing Female Students To Wear Skirts Is Unconstitutional appeared first on Go Social.



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