A federal appeals court had previously held that the school, Charter Day, violated the Constitution’s Equal Protection Clause in enforcing the requirement and concluded that the school was a state actor with respect to its student code of conduct. “We observe that nothing in the Equal Protection Clause prevents public schools from teaching universal values of respect and kindness,” the United States Court of Appeals for the 4th Circuit held.
Their lawyers at the American Civil Liberties Union said that the skirt requirement “restricted girls’ movement and that wearing pants or shorts would allow them to be more active during recess, avoid exposing their underwear when they crawled during tornado and fire drills, and keep them warmer in winter.
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US Supreme Court turns away case on charter school's mandatory skirts for girls(Reuters) -The U.S. Supreme Court on Monday declined to hear a North Carolina public charter school's defense of its blocked requirement that girls wear skirts - a student uniform policy that its founder explained is aimed at treating women like 'fragile vessels.' Turning away an appeal by Charter Day School Inc, the justices left in place a lower court's decision that the dress code discriminated against students based on gender in violation the U.S. Constitution's 14th Amendment promise of equal protection under the law. Charter schools in North Carolina are tuition-free, open to attendance by all, and receive state funding for each student.
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The Supreme Court won't let a North Carolina charter school force girls to wear skirts to schoolThe Supreme Court has left in place an appellate ruling barring a North Carolina public charter school from requiring girls to wear skirts to school
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