Boy expelled from kindergarten for wearing ‘small, blue stud earrings’ can pursue sex discrimination lawsuit: Court

Left: A sign at Rocky Mountain Classical Academy in Colorado Springs, CO is shown (Screengrab via WPVI); Right: In a photo from Wednesday, Aug. 19, 2020, ear piercing during the pandemic is shown. (AP Photo/Carlos Osorio)

A federal appeals court ruled Tuesday to resurrect a lawsuit filed on behalf of a kindergartner who was expelled for wearing little blue earrings to school.

Rocky Mountain Classical Academy in Colorado Springs is a K-8 charter school. It has a dress code, some portions of which apply only to girls and others only to boys. One aspect of the gender-specific dress code is that girls are permitted to wear small earrings to school, but boys are banned from wearing earrings at all.

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