A SOLDIER'S PERSPECTIVE
THE WEB'S LEADING MILITARY BLOG SINCE 2004
I got a call from my sister’s fiance the other day. They live in Memphis, Texas. Yes, TEXAS! It’s outside of Amarillo. It’s one of those town where the sheriff, the barber, and the town drunk are all the same person.
Anyway, Shane calls me and tells me that the school system sent home a note saying that my nephew has to cut his hair. His hair was a little bit longer than the base of his neck and they were forcing him to cut it. Shane and my sister pretty much told them to stuff it, but they said if he didn’t have it cut he would be placed in In School Suspension (ISS) until he cut it! Are you f’ing kidding me?! When did Texas become a liberal paradise where the government tells you how to cut your hair. It isn’t even a private school. They don’t have to wear uniforms. But, by golly, the boys will cut their hair.
Naturally I’m pissed about this. I had long hair growing up. It didn’t hurt my grades at all. Not doing my homework or studying hurt my grades, but I didn’t not do my homework or study because I had long hair. I even wore long, daggar and skull earrings and they didn’t affect my grades either. My nephew is a straight-A student, too, and they were going to put him in ISS BECAUSE OF THE LENGTH OF HIS HAIR!! What kind of fascist state has Texas become?! You leave to join the military and 15 years later the place has gone to hell! I need to really get back.
My sister did some research, but she’s not as versed in reading legal opinions as I am and assumed that she would lose if she went to court. So, I did some research as well. The first case I found (thanks to my sister’s initial research) is Breen vs. Kahl, which involved two students that were expelled for failing to cut their hair which was in violation of school policy. In that decision, the 7th Circuit court overturned the school and noted “The right to wear one’s hair at any length or in any desired manner is an ingredient of personal freedom protected by the United States Constitution.” The School Board argued that the rules were necessary because
“(1) a Williams Bay male high school student whose hair is longer than the Board’s standard so departs from the norm that his appearance distracts his fellow students from their school work, and (2) students whose appearance conforms to community standards perform better in school.”
The court told the school they were full of bull-pucky (Texan for crap) and responded to that faulty argument and said
“Defendants here have fallen far short of showing that the distraction caused by male high school students where hair length exceeds the Board standard is so aggravated, so frequent, so general, and so persistent that this invasion of their individual freedom by the state is warranted. The same is true of defendant’s showing with respect to the differential in school performance between male students with long hair and those with short hair.”
So, if the school board was right, why is my nephew a straight-A student and many of his peers with short hair not?
The next case I looked at, which cited the last case, was Crews vs. Cloncs. The student in this case was expelled from school because of his long hair and was not permitted admittance until he cut it. He went to court and the court ruled that “It is now clearly established that the state does not possess an absolute right arbitrarily to refuse opportunities such as education in public schools or employment in public service.” In other words, in a compulsory school system in which students are REQUIRED to be there, they cannot be denied opportunities for arbitrary reasons like hair length.
In this case, they school board tried to argue that shorter hair is more hygienic and “safe”. The court wisely called the school board on these absurdities. Gym teachers tried to testify that students could get their long hair caught in the trampoline or it could unsafely fall in front of the eyes while running, causing injury. A science teacher testified that it was dangerous when operation bunson burners. Seriously? How did the female students ever manage? Oh, they used hair nets. It would have been easier just to make the male students with long hair wear hair nets then. The court rejected those arguments, thankfully.
In ruling after ruling where schools have tried to impose sexist rules against boys that didn’t apply to girls, those rules have been struck down! Now, my sister doesn’t like to rock the boat. She cares deeply about her kids’ education – and should! But, instead of fighting this the way she should have, she acquiesced and cut his hair. Of course, I was livid and still am. They are too. They haven’t given up this fight locally and will continue to fight this. In the meantime, they want to ensure that my nephew isn’t singled out for ignorance by the school and stuck in ISS for the day.
In the coming days, I will be contacting the school board. They incorrectly told her that numerous courts had upheld cases in which kids sued when they were discriminated against for the length of their hair. They LIED to her to get her son to conform. They took away his individuality and common law rights. And I won’t stand for it!
The Texas State Constitution is very clear about where the law stands on this issue:
Sec.A3a. EQUALITY UNDER THE LAW. Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative.
By forcing boys to live to a separate standard as girls is simply a constitutional violation, both federal and state. This is akin to forcing girls to have long and prohibit them from cutting it to look like a boy. Women’s rights groups wouldn’t live with and neither should “men’s rights groups” (why don’t we have those?) live with this.
What is liberty? Liberty is the freedom to do as you please, without interference, so long as you do not infringe on another’s right to the same. Basically, I can do whatever I like with my life and my body as long as I don’t infringe upon your right to what you will with your body and your life. The dictionary definition of liberty is “freedom from arbitrary or despotic government or control.”
Section 8 of the Texas Constitution guarantees that “No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.” Therefore, no citizen will be deprived of their constitutional freedom from arbitrary government stupidity like hair laws.
Now, you liberals out there may say that a hair length law is not arbitrary. Really? Then explain the rational that hair may not be longer than the bottom of the collar of the shirt. Why not the top of the collar? Why not the base of the neck? Why not force male students to keep their hair no longer than three inches or two inches or half an inch in length? Why stop at the eyebrows? Why not the bridge of the nose or the tip of the nose or the chin? Because this is an arbitrary regulation and, therefore, illegal and unconstitutional.
Our government is placing us under its heavy thumb in every aspect of our lives. It’s dictating what kind of cars we buy, what kind of light bulbs we have to have, what kind of life insurance we must maintain, what kind of value our money has, how fast we can drive from point a to point b (even in the middle of desert), etc. And we’re sitting by and just allowing it to happen.
When will we say enough is enough and fight for the true return of liberty? What will it take before we recognize we are no longer sovereign human beings?



Terri
You’re right CJ. Keep us posted as things develop on this. When I was in Texas, at least where I was at, they didn’t have a problem with the kids having long hair. Now the various odd colors that kids dyed their hair sometimes, they did have a problem with that, as they said it could cause distraction, and thus had it in the school policy. I disagreed with that but didn’t ever have that issue come up.
MIss Ladybug
This is a local thing – I see plenty of boys with long hair around here. Of course, the Austin area is overrun with liberals who are into non-conformity in physical appearance. In the case of your nephew, I think it is influenced by those who prefer the “traditional” expectations about a boy’s appearance. Overreach by “the state” (school board in this instance) isn’t limited to one particular mindset… Fight the good fight…
CJ
But what is traditional? Cowboys in the 1800s had long hair too. Politicians used to have long hair. Jesus had long hair. What period of tradition are we stuck in?
longing for a free South
Actually according to Roman records Jesus had short cropped hair!
CJ
And according to other records he had long hair.
longing for a free South
And I thought Texas was the last bastion of freedom and sanity in this country – what was I thinking – its all gone north!
Fearless
Keep up the good fight! My grandson, age 12, started ltting his hair grow long. He wants it long enough so that he can donate it to the group that makes wigs for kids undergoing chemo. He told me that Dad, my son, didn”t like it and he wanted it cut. I told him to remind his Dad of his long hair, including an Afro when he us his age. My son did not have a response.
Sharon
Hmmm…My hubby had the same fight with the local swimming pool 30 years ago. Our daughter had less than shoulder length hair. The lifeguards made her go home to get a bathing cap. She told her dad. Much to her embarrassment, he put her in the truck and went back to the pool. He called the head life guard over and started pointing out all the boys with longer hair..including some of the lifeguards. He said when they were wearing bathing caps, so would our daughter. We never had another problem. I hope your sister keeps fighting!
SharonFromNY
What a lot of NONSENSE! I hope you and your sister’s family will prevail. I haven’t heard anything so ridiculous since I wasn’t allowed to wear PANTS to (public) school because they were “boy’s clothes”…. this was 1967! How we (the “girls”) got the rule changed is a long story- but KEEP UP THE FIGHT is all I can say to your sister and nephew.
Adam
“When did Texas become a liberal paradise where the government tells you how to cut your hair.”
Um, what? The government telling you what you can and can’t do would be the exact opposite of a liberal paradise. Maybe you should read this:
http://en.wikipedia.org/wiki/Liberalism
“Liberalism holds that the only legitimate form of government is one that respects the liberty of its citizens, with open and fair elections, where all citizens have equal rights by law.”
What’s happening to your nephew is most definitely not a “liberal” thing. Hell, call the ACLU and they’ll probably help defend him.
NY-David
I was about to call class into session to define what is Liberal and what is not, but you’ve done it for me.
Fight the good fight, CJ. I’m with you on this one.
NY-David
Blazer
Spoken like a true liberal. It’s the Texas conservatives who want to remove all freedom of expression out of our schools.
mepsipax
Thanks a lot. I really needed this info and you have saved me some time. I am facing my son’s school board this evening for the exact same fucking thing.
These are the same rules I had as a kid in Texas….difference is, our school didn’t enforce stupid ass rules.