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12 Appalachian J.L. 209 (2012-2013)
Sex-Based Dress Codes and Equal Protection in Public Schools

handle is hein.journals/appalwj12 and id is 221 raw text is: SEX-BASED DRESS CODES AND EQUAL PROTECTION IN PUBLIC SCHOOLS Jeremiah R. Newhallt I. INTRODUCTION Imagine the following: Middleton Middle School, a public school in a small, rural community, faces falling test scores, rising dropout rates, and distressing increases in gang activity. In response, Principal Patricia and Superintendent Steve institute a professional dress code, requiring all students to dress in attire fit for young men and women in a professional workplace. Boys must wear ties and jackets, and girls must wear work- appropriate dresses or women's pantsuits. The program has two goals: to prepare students in the standards of dress and grooming expected in the workplace, and to reinforce values of discipline and hard work by encour- aging students to think of education as their job. A uniform subsidy pro- vides for children already receiving free school lunches and the school sets aside additional funds for other children whose parents request assistance to purchase clothes. Timothy Truant, emulating the fashion-sense of his favorite rock- and-roll band, The Troublemakers, comes to school in a shirt, tie, and knee-length skirt. Timothy knows that the dress code prohibits his outfit, but decides not to follow the rules because that's rock and roll. At school, Teacher Ted pulls Timothy aside and asks him why he is dressed inappropriately. Because this is what looks cool, Timothy replies. Teacher Ted sends him to Principal Patricia's office, where she tells him to change or go home. Timothy Truant asks why it is okay for girls to dress a certain way but not boys. Principal Patricia replies, Because that is the way young men and women are expected to dress in a professional setting, and we want you to have a professional attitude toward your education. Timothy Truant refuses to change his clothes and Principal Patricia calls his parents to her office. She explains that Timothy will not be per- mitted to attend school until he conforms to the dress code. Timothy refuses and vows to fight the decision. Soon after, Principal Patricia and t Staff Law Clerk, United States Court of Appeals for the Seventh Judicial Circuit. The views in this article are my own and do not reflect or reveal the opinions of any judge on the court. J.D., The George Washington University Law School, 2011; B.A., Occidental College, 2002. I thank J.Q. Affleck and Justin Wilcox for their indispensable feedback on early drafts and Karina Janicka for her constant support. I also owe a debt of inspiration to a high-school friend whose defiant donning of a skirt at school inspired this article. 209

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