, which expressed concern about challenges to the practices of faith-based adoption agencies, charities and health-care providers.
The administration also drew a distinction between Charter Day and a Christian school in Maine that was allowed to take federal funds by the Supreme Court in 2002. Maine has a history of “relying on private schools to educate residents in sparsely populated areas” while letting those institutions remain independent, the solicitor general’s office said. North Carolina does not.
Even if the federal courts had ruled that Charter Day was not a state actor, the school may have been forced to give up the skirt policy. Left open by the 4th Circuit was whether the dress code violated Title IX, which bars sex discrimination in federally funded schools.Keely Burks was in seventh grade when she circulated a petition at school challenging the skirt policy.
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