Anaheim, CA asked in Education Law and Civil Rights for California

Q: My public taxpayer funded high school in Carlsbad, California has a dress code that might go against the first amendment

My school’s dress code says “Student clothing must NOT portray, promote, advertise, or glamorize… religious belief, gender, gender orientation…”. If I wanted to wear a shirt that says “A woman is a biological adult female” (which I know is controversial) because it is my belief according to the Bible that you can’t change your gender, would getting in trouble for wearing that shirt violate my religious freedom/free speech rights?

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1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: You ask a really good question.

If you are serious about challenging the school's new dress code, I suggest you discuss the idea with your parents first, and see if they will support you. Don't do anything that goes against your parents' principles. It is always a good idea to get their support before you take on a challenge like this, at least until you are over the age of 18.

There's really only one way to find out, and that is to wear the shirt to school and see what happens. Your free speech rights certainly do not go away at the school house doors, so if you want to challenge the new dress code wearing your shirt, that is one way to do it. Since you are in high school, the penalty should not be too severe; I'm thinking you might be told to go home and change it as a first offense, as it were.

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