…As commentators have been swift to point out, this policy is deeply problematic. It reduces women to the role of temptress, blaming them for male transgressions from marital infidelity to sexual assault, while relying on the equally demeaning assumption that men are incapable of controlling their sexual impulses. It is also discriminatory in the context of the workplace, depriving female employees of critical opportunities for networking, mentoring, and face time.
…Discrimination under the guise of chivalry — sometimes called “benign protectionism” — is hardly new. Women have been “protected out” of jobs and educational opportunities … well, pretty much forever. Laws against sex discrimination have eradicated some of the most blatant examples, like policies prohibiting women from entering certain professions or excluding women and girls from educational institutions. But as Pence’s “No Girls Allowed” rule shows, these archaic views about gender persist.
…The ACLU is currently challenging a dress code at a K-8 public charter school in North Carolina that requires girls to wear skirts and prohibits them from wearing pants. As the school’s founder, Baker Mitchell, explained, the requirement was instituted “to preserve chivalry and respect among young women and men.” In his deposition, Mitchell elaborated further on the meaning of chivalry in this context: A woman is “regarded as a fragile vessel that men are supposed to take care of and honor.”
…Our clients argue that the skirt requirement leaves them uncomfortably cold in the winter time, distracts them during class for fear of boys looking up their skirts, and inhibits them from engaging in activities during recess like playing soccer, climbing the monkey bars, and doing cartwheels, all for fear of showing their underwear or being reprimanded for being unladylike.
…Even when dress codes seem gender-neutral, they are frequently used to police girls’ bodies — sending the message that girls are a “distraction” to boys or men. They are often disparately enforced against girls, students of color, LGBT students, or students of different sizes. And enforcement means students may be sent home from school or forced to “cover up” — in other words, excluded, shamed, and victim-blamed.
…The proposed solution is not to equip girls and boys to collaborate, learn, and work as equals, but rather it is to exclude the (overly sexualized) girls from the classroom altogether so the (out-of-control) boys can focus.