A North Carolina charter school has asked the U.S. Supreme Court to overturn an appeals court ruling that the school violated female students’ constitutional rights by requiring them to wear skirts.
The Associated Press reports that Charter Day School in Leland argues in its petition that it is privately run and not a government-run entity.
The full U.S. 4th Circuit Court of Appeals ruled in June that the school's dress code, which required female students to wear skirts, violated female students’ equal protection rights. The court’s majority said that because charter schools receive public funds, they are considered “state actors” who are subject to the Constitution’s equal protection clause.
In its petition, the school asks the Supreme Court to “review and reverse” the appeals court decision.
North Carolina state law says that charter schools are independent institutions exempt from rules and regulations applicable to public schools, the school contends.
School founder Baker Mitchell has said the dress code was intended to create a “code of conduct where women are treated, they’re regarded as a fragile vessel that men are supposed to take care of and honor.”
Since the appeals court decision, Charter Day has changed its dress code to allow girls to wear pants.