How do courts review dress codes that restrict the wearing of religious attire or symbols?
State regulations or school district regulations such as dress codes that affect students’ rights to religious expression are subject to a more rigorous standard of judicial review than regulations that do not affect such freedoms. For example, a school dress code restricting hair-length of male students, which might otherwise be permitted, is not a valid means of achieving discipline when weighed against the religious beliefs of Native American students. 79 Moreover, mere speculation about the possible disruptive effects of a student’s dress is not sufficient to overcome students’ right to freedom of expression. As a general matter, school disciplinary rules need not be highly detailed. However, when those rules implicate students’ rights to religious expression, courts require a higher degree of specificity. Notably, religious messages on T-shirts and the like may not be singled out for suppression. Students may wear religious attire, such as yarmulkes and head scarves, and they may
