I'm pretty sure there is already case law in respect to this, which is why even the military and prisons are required by law to provide kosher meals to observant Jewish people.
Interesting question.
I suppose one could make an argument that a girl in a tux is not intended to be intentionally confronting, while the cow suit is, which may effect the appropriateness of the clothing. I don't know. I look forward to seeing the case law following the first vegetarian who has to file suit when her school cancels the formal rather than let her attend in such a get up.
I don't think the butchered bloodied cow suit would be confrontational but perhaps you are thinking more annoying of other's sensitivies? I don't know if someone's freedom of speech can be denied on the basis of being annoying.
Now if it creates a public nuisance, I could see why discrimination could happen -- let's say for example a future clothing designer wants to make her dress out of 200 yards of fabric. That's fine in itself to create it... however, that would be a nuisance for others as a dress with 200 yards of fabric might take up half the dance floor!
p.s. I didn't know that about Kosher food in regards to military/prisons, but high schools, middle schools and other public schools hardly have anything that resembles "food" in the first place. lol Sad but true.
As far as the case, I didn't think it would win because she filed so late all the while saying that she intended to do this a year ago. So, it was my thinking she didn't give the school enough time. However, I then realized she may not have been able to do anything about it a year ago as she had to wait until she was 18 years of age, but I think the parents could have filed suit on their daughter's behalf a year ago?
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