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High school basketball team’s hair-length policy is discriminatory

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A dispute pitting long hair against an attempt to promote a clean-cut image of Hoosier boys’ basketball is headed for overtime since the 7th Circuit Court of Appeals found a high school’s hair-length requirements pertaining only to male basketball players violated equal protection and Title IX.

Patrick and Melissa Hayden challenged the short-hair policy of the Greensburg public high school that members of the boys’ basketball team must keep their locks cut above the ears, eyebrows and collars. The team coach, Stacy Meyer, set the policy to promote team unity and project a clean-cut image.

The Haydens filed a lawsuit against the school system when their son, A.H. was prohibited from practicing with the team because his hair was longer than permitted. They argued the short-hair mandate constitutes sex discrimination because it applies to boys and not girls.

The U.S. District Court for the Southern District Court of Indiana, Indianapolis Division, rejected the parents’ equal protection and Title IX claims on the grounds that the short-hair requirement does not apply to all boys’ teams.

Although the policy was not universally applied, the 7th Circuit found that it was still based on gender. The hair-length rule applied only to male athletes even though female athletes had the same need to keep their hair from their eyes and promote team unity. The 7th Circuit found the obvious disparity of the policy gave rise to an inference of discrimination.

The 7th Circuit reversed the judgments in favor of the Greensburg School Corp. on the equal protection and Title IX claims in Patrick Hayden and Melissa Hayden, on behalf of their minor child, A.H. v. Greensburg Community School Corp., et al., 13-1757.

“It is also worth reiterating that Coach Meyer’s policy prohibits far more than an Age-of-Aquarius, Tiny-Tim, hair-crawling-past-the-shoulders sort of hair style – it compels all male basketball players to wear genuinely short hair,” Judge Ilana Rovner wrote for the majority. “In 2014, it is not obvious that any and all hair worn over the ears, collar, or eyebrows would be out of the mainstream among males in the Greensburg community at large, among the student body, or among school athletes. (Even one or two men on this court might find themselves in trouble with Coach Meyer for hair over the ears.)”

Judge Daniel Manion dissented, in part. He noted while he agreed with the court’s general summary of the law of equal protection, the record did not establish any violation of the Equal Protection Clause or Title IX.
 

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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