What not to wear: defining the limits of social, political and religious dress in schools. Dr. Dianne Gereluk University of Calgary March 13, 2012
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1 What not to wear: defining the limits of social, political and religious dress in schools Dr. Dianne Gereluk University of Calgary March 13, 2012
2 Overview Defining symbolic clothing Distinction between dress codes and uniform policies Noteworthy court cases and challenges Common reasons for banning symbolic clothing Guiding principles for consideration
3 What is symbolic clothing? Goes beyond a mere fashion statement of preference; A deliberate communicable intent that signifies a person s identity.
4 Dress Codes and Uniform Polices Rules about what cannot be worn in school Rules about what must explicitly be worn
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9 Was the school justified in banning the following pieces of symbolic clothing?
10 Common reasons in favour of banning symbolic clothing 1. To preserve the public sphere and develop a shared public identity 1. Turkey s stance to ban headscarves to forcibly make the country more secular (and arguably more Western) 2. Civic republican tradition in France and the separation of church and state 3. Developing a sense of Britishness in England
11 Two considerations in regards to a shared public identity: It does not necessarily follow that banning symbolic clothing will help in this endeavor It assumes that schools can be neutral spaces
12 2. Symbols may be offensive limits of freedom of expression can be placed when it is offensive to other people; extent, duration and social value of the action.
13 What is reasonable? Who decides?
14 Excerpt from Herouxville, Quebec: Town Charter, Our way of life (2007) Our Education; In our schools certified men and women teach our children. The women or men teachers can teach boys or girls with no sexual discrimination. They do not have to dress any different to accomplish their tasks. In our schools the children cannot carry any weapons real or fake, symbolic or not.. In our scholastic establishments, be private or public, generally, at the end of the year you will possibly see Christmas Decorations or Christmas Trees The children might also sing Christmas Carols if they want to. The history of Quebec is taught in our schools. Biology lessons are also given.
15 3. Symbols may be oppressive a setback to one s interest particularly when that individual has a stake in the action in question (Feinberg, 1995) systematic and inappropriate control of people by those with more power (Harvey, 1999, p. 37)
16 Provides a clearer stance than that of something that may be considered offensive; Clear examples of symbolic clothing that is oppressive. Hard to define the grey areas burden is on the school to demonstrate that it is oppressive.
17 Symbols may be disruptive Clothing that may cause unnecessary tensions, unrest and instability X60
18 Tinker v. Des Moine Independent School District Student expression should be protected unless the behaviour in question was likely to: materially and substantially interfere with the requirements of appropriate discipline in the operation of the school U.S. Supreme Court ruled: Students do not shed their constitutional rights to freedom of speech or expression at the school house gate (393 U.S. 503, 1969)
19 School authorities have commonly erred on the side of caution to avoid difficult contentious issues. Lost educational opportunity to discuss pertinent issues in contemporary society.
20 What principles can guide school policies and practices? 1) Does the clothing create significant health and safety issues? 2) Is the clothing oppressive to oneself or to others? 3) Does the clothing significantly inhibit the educational aims of the school? 4) Is the clothing essential to one s identity?
21 Does the clothing create significant health and safety issues? Multani v. Commission scolaire Marguerite Bourgeoys Given that: kirpan is a dull object; not used as a weapon; Would be wrapped in a cloth and sewn inside the boy s trousers. The threat to other students was minimal. The threat of the kirpan is parallel to other everyday objects found in schools.
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23 Is the clothing oppressive to oneself or to others?
24 Does the clothing significantly inhibit the educational aims of the school? Could an accommodation be made that would not compromise the educational mandate E.g. girls wearing a hijab that is held by an elastic band rather than with hair pins for physical education. Will the clothing cause undue tension where there has been a precedence of violence in a particular local school context?
25 And in the case of uniform policies, is the clothing essential to one s identity? What accommodations should be provided in uniform policies? Considerations for selective admissions policies that may wittingly or unwittingly exclude certain individuals or groups.
26 American Civil Liberties Union (2003). Judge Rules in Favor of Michigan Student's Right to Wear Anti-War T-Shirt to School, Free Speech, (Accessed 5 November 2005). America Civil Liberties Union (2004). Michigan School Reverses Decision to Suspend Student from wearing Anarchy shirt, Free Speech, (May 10, 2004) (Accessed 5 November 2005). Department For Children, Schools And Families (DCSF) (2007). DCSF Guidance to Schools on School Uniform and Related Policies, (Accessed 10 October 2007). Feinberg, J. (1988). Harm to Others, New York/Oxford: Oxford University Press. Gereluk, D. (2005). Should Muslim Headscarves be Banned in French Schools?, Theory and Research in Education, 3.3, pp Gereluk, D. (2006). Why Can't I Wear This?! Banning Symbolic Clothing in Schools, Philosophy of Education Yearbook, pp Gereluk, D. (2008). Symbolic Clothing in Schools, London, New York: Continuum. Gereluk, D. (2010) Children s Autonomy and Symbolic Clothing in Schools: Help or hindrance, in Raley, Y. and Preyer, R. (Eds.) Philosophy of Education in the Era of Globalization, New York and London: Routledge. Harvey, J. (1999) Civilised Oppression, Lanham, CO: Rowman & Littlefield Publishers, Inc.. Multani v. Commission scolaire Marguriet-Bourgeoys, [2006] 1 S.C.R. 256, 2006 SCC 6 Tinker v. Des Moines Independent School District, 89 S. Ct. 733 (1969); 393 U.S. 503, 1969.
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