WILMINGTON, NC – Federal Court of Appeals rules North Carolina charter school violated the rights of female students requiring them to wear skirts, nullifying the previous decision.
On Tuesday, the U.S. District Court of Appeals for District 4 ruled 10-6 that the Code of Conduct at Charter Day School in Leland violated Title IX – a federal law that protects students in public schools from gender-based discrimination.
The school was opened in 2000 to teach students from kindergarten to 8th grade and to promote “traditional values”.
In 2016, the guardians of three girls attending the Charter filed a lawsuit against the school claiming that a dress code that prohibits female students from wearing shorts or pants is discrimination.
In 2019, the District Court determined that the school, as a state actor, violated the clause on equal protection of the constitution.
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That decision was forwarded to the Appeals Chamber last August and overturned 2-1.
The council returned the decision to the district court to consider whether the school violated the federal protection of students in public schools against gender discrimination.
The district court ruled that the dress code did not violate Title IX because the law does not apply to the dress code, but the appellate court overturned this in its entirety by judgment 10-6.
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“I am glad that the girls at Charter Day School will now be able to study, move and play under the same conditions as the boys at school,” said Boni Peltier, a prosecutor whose daughter attended school. “In 2022, girls shouldn’t have to decide between wearing something that makes them uncomfortable or missing classes in the classroom.”
The Richmond, Virginia-based appellate court ruled on Tuesday that girls at school were excluded from educational opportunities and suffered “emotional and dignified damage” when they were not allowed to wear pants while boys were at school.
He also upheld the district court’s decision that the charter school is a state actor and therefore subject to an equal protection clause, despite being run by a private entity, Roger Bacon Academy.
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“By changing the demand for skirts based on obvious gender stereotypes about ‘appropriate place’ for girls and women in society, the CDS has acted in clear violation of the equal protection clause,” the court ruling said.
The dress code, according to the school, was established to instill chivalry and respect between boys and girls. It promotes that girls are “a fragile vessel that men should take care of and respect,” said school principal Baker Mitchell, who was quoted in the lawsuit.
Contribution: The Associated Press.
