Fifth Circuit Reviews Texas Student's Challenge to Male-Only Hair Rule
The Fifth Circuit reviews a Texas student's challenge to male-only hair rules.
Why it matters: This case could clarify how anti-discrimination laws like the Texas CROWN Act apply to school dress codes, potentially influencing gender discrimination law in education.
- Darryl George, a Barbers Hill High junior, has been suspended over male-only hair length rules since September 2023.
- The school's dress code bans male students from having hair below eyebrows, earlobes, or T-shirt collar.
- Texas CROWN Act bans discrimination based on hair texture or protective hairstyles linked to race, effective September 2023.
- A Texas judge ruled the school policy doesn't violate the CROWN Act, but the Fifth Circuit is now reviewing George's constitutional and statutory claims.
Darryl George, a junior at Barbers Hill High School in Mont Belvieu, Texas, has been suspended multiple times since September 2023 for wearing his hair in locs. The school district insists these violate its dress code, which mandates that male students keep their hair above the eyebrows, earlobes, and top of the T-shirt collar, and prohibits hair being styled to fall below those lengths when let down (Texas Tribune).
George's legal challenge argues this male-only hair length rule is unconstitutional gender discrimination and conflicts with the Texas CROWN Act, which took effect September 1, 2023. The CROWN Act prohibits discrimination based on hair texture or protective hairstyles associated with race, including locs, braids, and twists (Texas Tribune).
In February 2024, a Texas judge ruled that Barbers Hill's hair length policy doesn't violate the CROWN Act because it does not explicitly prohibit male students from wearing braids, locs, or twists. However, the Fifth Circuit Court of Appeals is now reviewing George's case, focusing on the claims of unconstitutional gender discrimination and statutory violations (YouTube, Courthouse News).
Allie Booker, George's attorney, emphasizes, "The locs pay homage to those who have come before us, and they remind us of who we are and from whence we have come. It is a part of our culture and our heritage." Meanwhile, Texas Rep. Rhetta Bowers, author of the CROWN Act, noted the law's potential to positively impact countless Texans (Texas Tribune).
George has endured over three weeks of in-school suspensions due to this dispute, underscoring the tension between school dress codes and civil rights protections against race- and gender-based discrimination in education settings. The Fifth Circuit's decision could set a meaningful precedent for how anti-discrimination statutes apply in schools.
By the numbers:
- September 1, 2023 — Texas CROWN Act effective date
- Over 21 days — Darryl George's suspensions since September 2023
- Three locations — hair length limits under Barbers Hill dress code (eyebrows, earlobes, T-shirt collar)
Yes, but: A February 2024 Texas judge ruled the school's hair policy doesn't violate the CROWN Act, a position now being reconsidered on appeal.
What's next: The Fifth Circuit's timeline for reviewing and ruling on Darryl George's case remains unclear but could have broad implications for educational and civil rights law.