At a North Carolina charter school, all students follow the same curriculum. But their gender-specific uniform requirements separate them in a way a federal court on Tuesday deemed unconstitutional.
. The school founder’s claim that the uniform rules promote chivalry “based on the view that girls are ‘fragile vessels’ deserving of ‘gentle’ treatment by boys” was determined to be discriminating against female students in the 10-to-6 ruling by the U.S. Court of Appeals for the 4th Circuit.
“I hope that by challenging my school’s policy, I can help other girls who want to go to school without being stereotyped or who just want to play outside or sit in class without feeling uncomfortable,” Burks wrote at the time. But a majority of the federal appeals court ultimately disagreed. Since the charter school receives state funding, the judges wrote, it has to follow the same civil rights laws and protections as public schools, which are prohibited from mandating dress codes that are discriminatory or censor student expression.
In doing so, Sherwin said, the 4th Circuit has laid out an updated legal framework for judges deciding these kinds of cases: “The rejection of that [reasoning] is actually a really significant and important development in the law” that could impact both students and workers.
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