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this post was submitted on 22 Feb 2024
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So you agree with the law at the core, but it needs to be written better? Conservatives have a self-congratulatory joke they looove to trot out on things they think is a waste of government time, effort, and funds:
Imma say it really clearly. Laws around kids hair, is a waste of government time. Even at the school administrative level it’s a dumb move, because they’ll have to defend it in court. There is no good play here, aside from consent of the governed to not challenge the rules, because the rules are reasonable.
I do agree with the law at the core. I do think dress codes should have reasonable limits to avoid them being used to put children in uncomfortable positions or to suppress their culture or self-expression, with reasonable limits for truly disruptive choices. Without these limits, we have seen schools use dress codes to force conformity and I don't think that's particularly healthy.
But yes, the law should be written better. The legislature writes the laws and the laws should be clear and explicit in intent. The law should be written to stand up to strict judiciary review. They know unfriendly judges are going to look at this. That's my point.
But protection of cultural, religious, or expression isn’t what the laws here are being challenged over. The challenge is against a gender determinate dress code, being used as law fare in a wider culture war.
The reason this parent is pursuing all legal options is because the law is onerous, and discriminatory. We’ve seen school administrators successfully sued for forcing hairstyle conformity on minorities, this too is in shaky precedence.