“Fulfilling the requirements for skirts based on on blatant gender stereotypes about the “correct place’ for girls and women in society, [the school] acted in clear violation of Equal Protection Clause,” Keenan wrote. in opinion.
decision followed by sevenyear efforts to end school skirt requirement for female students.
In 2015, Keely Burks, then a 14-year-old year old eighth grader at Charter Day School, filed a petition with her friends to change shape policy. As a result, they collected over 100 signatures, she wrote in 2016, but the document “was taken from us teacher and we never got it back”.
Around the same time in kindergarten mother inquired about the requirement, which she considered discriminatory. School founder Baker A. Mitchell responded to her letter, explaining that the Charter Day School “intends to maintain chivalry and respect among young women as well as menand what was need “restore and then save, traditional Attention for peers,” the court documents say.
Burks, a kindergartener and fourth grader, later became plaintiffs. in lawsuit filed in 2016 by the American Civil Liberties Union. They claimed in costume, which the compulsion to wear skirts prevented them from playing free, moving actively and feeling that their comfort is valued no less than of male students.
“I hope that by challenging my school policy I can help Other girls who want go to school without stereotypes or who just want to play outside or sit in class without feeling uncomfortable,” Burks wrote at the time.
Long Court battle followed, in which the decisions about a case between federal and state courts checking if the dress code is violated on student rights.
“No, this is not 1821 or 1921. It’s 2021,” Judge Keenan wrote. last summer. “Women serve in combat units of our armed forces. Women walk in space and donate your talents to the International Space Station. Women serve on Supreme Court of our country, in Congress, and today a woman is vice president of United States.”
In order to determine the constitutionality of the skirt requirement, the judges considered whether a charter school public organization. The Charter Day School claimed it was private education and that the Constitution is protection item – which bans discrimination was not applied.
But most of a federal appeals court ultimately disagreed. Because the charter school receives public funding, the judges wrote, it must follow the same civil rights and remedies laws as public schools that are prohibited from introducing a mandatory dress code, discriminatory or censor student expression.
Aaron Streett, a lawyer representing the charter day school, told The Washington Post that the school is evaluating next steps, adding that the court’s conclusion “restricts ability of parents choose best education for them children”.
For Plaintiffs in litigation, the decision was celebrated – even after some graduated from the K-8 Institute.
“I am delighted that the girls at Charter Day School will now be able to learn, move and play on equal terms like boys in school, Bonnie Pelletier, mother of a former student involved in case, said in a news release. “In 2022, girls won’t have to choose between wearing something that makes them feel uncomfortable or skip class.”
