Today is

   "A word to the wise ain't necessary --  
          it's the stupid ones that need the advice."
					-Bill Cosby

Thursday, September 21, 2006

Can one of the lawyers help me out on this one?

Is it considered unconstitutional for public elementary schools to have a compulsory, rather than voluntary, uniform dress code?


Blogger stewdog said...

I don't see where the US Constitution is implicated when a public school has a uniform (no pun intended) policy regarding dress. The only exceptions would be in restircting religious garb such as yarmalke's on Jewish men or head scarfs on Arab women. Then there is a 1st amendment freedom of religion claim. But what possible constitutional violatioin could there be in requiring that the children wear uniforms. I can't think of any due process or equal protection arguments, which is what is normally raised under these circumstances. And even if such an argument existed the state could show a rational basis for the regulation.
Buy the unis and fight the next battle.

September 21, 2006 3:36 PM  
Blogger Kate Marie said...

Thanks, Stewdog. The thing is, Princess 1's school has a voluntary uniform policy, and most of the kids in the younger grades wear the uniforms. But I've noticed that, as the kids get older, the uniformed ones get fewer and farther between.

It bugs me, because the voluntariness of the program, and the lack of solidarity of a few parents, seems to ensure its gradual erosion by the forces of peer pressure and "express yourself" popular culture.

September 21, 2006 4:00 PM  
Blogger Wonderdog said...

Stewdog's actually right...surprisingly. It's all a rational basis test. In these circumstances, if a school can show that there is a "rational basis" for uniforms, then there is no constitutional violation. I'm assuming that the "rational basis" here would be to promote school continuity, fellowship, undue jealousy regarding more expensive clothing, and a generally less stressful and more conducive learning environment.

September 21, 2006 5:04 PM  
Blogger Conservative in Virginia said...

Hey, KM. Now that you've got the LAW on your side (not to mention, the DOGS), rally the decent parents and get that rule made mandatory.

September 21, 2006 6:54 PM  

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