Generally, the most common constitutional claims alleged are (1) violations of students’ First Amendment rights to freedom of expression; (2) violations of students’ First Amendment rights to freely practice their religion; or (3) violations of parents' 14th Amendment liberty interests in rearing their children.

Many students claim that requiring them to wear particular clothing deprives them of the ability to freely express themselves through their choice of dress. In one case, students from a Kentucky high school claimed that their school’s dress code policy that prohibited clothing with any logos other than the official school logo was a violation of their free expression rights. The federal court, however, sided with the school district, finding that it had "struck a reasonable balance" between preventing potential disruptions and protecting students' First Amendment rights.¹

In another case, a high school student brought a lawsuit challenging the constitutionality of a school board policy prohibiting male students from wearing earrings. The school, which had enacted the ban as part of an effort to curb the presence and influence of gangs on campus, provided substantial evidence of gang presence and activity -- and the resulting violence -- in its schools. Ultimately the court upheld the district’s dress code policy, concluding that the board’s concern for the safety and well-being of its students and the curtailment of gang activities was rational and did not violate the First Amendment.²

Some students have also argued that a particular dress code or uniform policy conflicts with their religious beliefs, in violation of the Free Exercise Clause. For example, two high school students in Texas sued after school officials prohibited them from wearing rosaries to school, based on the belief that the rosaries were considered "gang-related" apparel. The students claimed that the application of the rule to them violated both their free speech and free exercise rights.³

This time, the federal court ruled that the school had violated the First Amendment rights of the two students. Although the court did "not doubt that a dress code can be one means of restricting gang activity on campus," it also concluded that "the regulation places an undue burden on Plaintiffs, who seek to display the rosary not to identify themselves with a gang, but as a sincere expression of their religious beliefs."

Yet another objection, this one raised by parents, has been that forcing students to wear particular clothing infringes on a parent's 14th Amendment liberty interest in rearing their child, in violation of the Due Process Clause. In fact, many parents around the country have formed groups devoted to challenging school uniforms.⁴ These groups have argued that the implementation of restrictive uniform and dress code policies violates the First Amendment and the principle of democratic self-choice.

So far, though, the courts are tending to side with school districts on parental and student challenges to uniform policies. Because the law is still rapidly developing in this area, school districts should consult with legal counsel before adopting a broad-based uniform policy. At the very least, any school policies requiring uniforms should have a provision that protects the right of parents and students to opt out on religious grounds.

¹ Long v. Bd. of Education of Jefferson County, Kentucky, 121 F. Supp. 2d. 621 (W.D. Kent. 2000), aff’d, 2001 U.S. App. LEXIS 18103 (2001).

² Oleson v. Bd. of Education of Sch. Dist., No. 228, 676 F. Supp. 820 (N.D. Ill. 1987).

³ Chalifoux v. New Caney Independent Sch. Dist., 976 F. Supp. 659 (S.D. Tex. 1997).

⁴ Hudson, D., "Parents Across the South Battle Mandatory School Dress Codes." Available on-line at firstamendmentcenter.org.

Last updated: Monday, September 6, 2010 | 13:09:28