Scott Tibbs

News flash: Boys and girls are not the same!

By Scott Tibbs, January 20, 2023

We live in a time when we hate distinctions, including the sex distinctions given to us by God when He made us male and female in His image. One of the ways our culture is attacking these distinctions is by claiming that different dress codes for boys and girls is unconstitutional. Fifty years ago, no serious person would have claimed that sex-specific dress codes are unconstitutional, but we have gone much farther downstream in our rebellion since then.

Even if such dress codes were unconstitutional, the claim is invalid because it is a charter school. By choosing to send their children to the charter school instead of the default government school, the parents have consented to the dress code on behalf of their children. The children - who are legally minors under their parents' authority - do not have standing to challenge the dress code that their parents approved as consenting adults. If you do not like the charter school's dress code, then send your child to the government school. Problem solved.

However, the dress code is not unconstitutional. This is because boys and girls are different. Across all cultures throughout all of human history, there have been different clothing expectations for men and women. Because the administrators of the Charter Day School have not failed to understand basic human biology, they know that. Therefore, they have implemented a dress code that encourages modesty for girls, requires respect from the boys, and implements a more business-like environment for both sexes.

What we should not miss, though, is one of the motivating factors for this lawsuit: The government school system is losing money to charter schools, and they are openly trying to use the courts to sabotage their competition and micromanage their competitors' operations. The government schools, government bureaucrats and power-hungry politicians do not like losing power and they hate losing money, so the real goal here is to limit choice and pull students back into the government school system. This is not about civil rights: This is about protecting their turf.

This lawsuit has gone on for several years, and the aggrieved students could have been sent to a different school at any time. They have not, because this is about harassment. Congress needs to act to protect charter schools from interference by the federal judiciary, primarily by making it clear that different dress code standards for boys and girls do not constitute discrimination. Congress should also limit the federal courts' jurisdiction over these cases to prevent them from going to trial in the first place.

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