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this post was submitted on 20 Sep 2023
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I said this in another thread, but this may be unconstitutional based on Bostock v. Clayton County. That was about employment though. You can’t discriminate based on sex. In the case it’s about discriminating against a gay person because “being attracted to women” is allowed for men but not women. So a hairstyle should not be allowed for women and not men. They are discriminating based on sex.
I think you're right actually. Bostock established that if changing the person's gender makes something unacceptable become acceptable, it's sexual discrimination.
As long as the Court respects precedent, which sadly is no longer a given, the school district is clearly in the wrong.
The good news is the majority opinion was written by Gorsuch, and it was 6-3 with 5 still serving on the court. I’ve yet to see anyone bring this up.
I bet I can guess the 3
You can always guess 2.
Children & students historically don't get the benefit of precedent or rights afforded to adults, unfortunately. Hope to see a different outcome here.
The kicker is that Texas passed the CROWN Act this year, so discrimination based on hairstyle is actually illegal here now.
This is basically a test case for the new law: https://www.aol.com/news/texas-school-district-suspended-student-010157918.html
That’s actually my theory. The CROWN act is designed to prevent racial discrimination and went into effect on the same week. My bet is that this kid is being used as a scapegoat to get the law challenged by the SCOTUS.
SCOTUS can’t rule on it; it’s a state law designed to prohibit discrimination based on hairstyle
Loco parentis, not only do children not have rights, but everyone in the school system is like their parent. They can "raise" them anyway they want, sadly.
This is actually false. Students do indeed have constitutional rights. And you must meet the same strict scrutiny standard to restrict them.
Of course! But it's up to them to interpret those constutional rights and implement them. It would be nice if they were held to a high level of scrutiny.
They're also minors, so although they have constitutional rights, they can't really make decisions for themselves. They can't vote, it's not a choice to go to school, a lot of schools use mandatory "volunteer" work, they can't decide what kinds of essays they want to write (often just reaffirming the opinions of the teacher), etc...
A really good example is saluting the flag. Technically it's a students right, not to salute/ pledge a allegiance to the flag (there was a 1940's court case I believe) but they're still often forced to do it to this day.