US Court declines to hear the defence by a North Carolina school of its requirement about girls dress code

The North Carolina public charter school that enforced a dress code requiring girls to wear skirts had its defense declined by the US Supreme Court on Monday.

The founder of Charter Day School Inc, which implemented the uniform policy, claimed that it was intended to treat women as “fragile vessels.”

The justices upheld a lower court’s ruling that the dress code violated the 14th Amendment of the US Constitution, which guarantees equal protection under the law by discriminating against students based on their gender.

Charter schools in North Carolina are open to all students, tuition-free, and receive state funding. They are operated by private nonprofit corporations.

The school argued that the uniform policy aimed to promote classroom discipline and mutual respect between boys and girls.

According to court documents, the school’s founder, Baker Mitchell, told parents that the policy aimed to preserve chivalry, with women seen as fragile vessels that men should take care of and honor.

The plaintiffs argued that the skirt requirement reinforced gender stereotypes, violating the 14th Amendment.

Under the school’s policy, boys were allowed to wear pants or shorts.

Ria Tabacco Mar, an attorney representing the students and parents or guardians who sued the school, praised the court’s decision, emphasizing that girls at public charter schools have the same constitutional rights as their peers in other public schools.

Mitchell expressed disappointment at the Supreme Court’s ruling and warned of potential consequences for charter schools, including threats to their autonomy and subjecting them to burdensome regulations and political interference.

The lawsuit against the school was filed under Section 1983, a federal law that allows individuals to sue state officials for alleged violations of constitutional or statutory rights.

The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, ruled in 2022 that charter schools in North Carolina are considered state actors because they receive public funding and employ public school staff. Consequently, the court found Charter Day School’s dress code unconstitutional.

The dress code, which required girls to wear skirts, conveyed the message that female students are fragile and deserving of different treatment than male students, according to the 4th Circuit ruling. The court highlighted the potentially harmful impact of these stereotypes on young girls.

The school argued in its appeal that the 4th Circuit’s ruling undermined charter schools by equating private operators with government-run schools, limiting innovation and parental choice.

The Biden administration, when asked to provide input on whether the Supreme Court should hear the case, submitted a brief urging the justices to deny the school’s appeal.