Peltier v. Charter Day School, Inc.

Charter Day School, Inc. (defendant), a public charter school, adopted a dress code that allowed male students to wear pants and shorts but required female students to wear skirts, jumpers, or skorts (the skirts requirement). Bonnie Peltier (plaintiff), the mother of a female kindergarten student, objected to the skirts requirement. In response, school leader Baker Mitchell, Jr., explained that the school’s code of conduct, including the skirts requirement, was designed to restore and preserve chivalry and respect among male and female students. Mitchell described chivalry as a code of conduct that treats women as a fragile vessel that men should take care of and honor. This conduct included holding doors open for girls and women as well as holding umbrellas for them. Peltier sued the school, arguing that the skirts requirement violated the Equal Protection Clause. Peltier argued that the skirts requirement discriminated against girls because it taught girls that they were worth less than boys, taught boys that they were in a position of power over girls, and limited girls’ ability to participate in sports and other physical activities at school. The district court held that the skirts requirement violated the Equal Protection Clause and granted Peltier summary judgment on this claim. The school appealed to the United States Court of Appeals for the Fourth Circuit, which first found that the school was a state actor, then turned to the equal-protection claim.