The full U.S. Court of Appeals for the Fourth Circuit questioned Friday whether a North Carolina charter school with a skirts-only uniform policy for girls is a state actor that can be held liable for violating the U.S. Constitution.

A divided panel in August ruled that three students who sued Charter Day School over a dress code mandating girls wear skirts to promote chivalry do not have a claim under the Equal Protection Clause because the school is a private entity and therefore not a state actor. The panel did, however, decide that CDS is subject to Title IX since it receives federal education funds and remanded the case to a district judge.

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