December 26, 2005

That Kilt’s Distracting…Lets Start a Global Battle Instead

Posted by Adam Graham in : Kilts

This story’s been out there for a while, but I’ve had other things going on. I thought I’d missed my chance, but the story is still alive almost a month after the incident that prompted it. Lets start off with the facts of the case, from AP we have this story:

Nathan Warmack wanted to honor his heritage by wearing a Scottish kilt to his high school dance. Then a principal told him to change into a pair of pants…

He bought a kilt off the Internet to wear to his school’s formal “Silver Arrow” dance in November. Warmack said he showed it to a vice principal before the dance, who joked he’d better wear something underneath it, and Warmack assured him he would.

After Nathan Warmack and his date posed for pictures, principal Rick McClard, who had not previously seen the kilt, told the student he had to go change. Warmack refused a few times and said the outfit was recognizing his heritage.

Warmack alleges McClard told him: “Well, this is my dance, and I’m not going to have students coming into it looking like clowns.” McClard later said he had no recollection of saying that, Warmack’s dad said. The principal did not return phone calls seeking comment.

The school district’s superintendent, Ron Anderson, said McClard has the authority under the district’s dress code policy to judge appropriate dress for extracurricular activities, including dances.

A disruption? You mean like a festering global controversy centering around your school? THAT type of disruption. Oh no, you meant somebody might see Mr. Warmack in his kilt and think it looked odd. Oh, that’s the type of disruption you were trying to avoid. Glad to know they’ve got their priorities straight.

Also, note here, he checked with the vice-principal and everything appeared to be copacetic. So, The Bear Cave was clearly wrong in saying on his blog, “I don’t belive (sic) for a minute that the kid wore a kilt “…to honor his heritage…”. He wanted to cause a ruckus.)” Clearly not.

In fact, other than Bear Cave, I strain to find a sympathetic voice in the Blogosphere for the Principal’s position. Even Live Journal people have gotten to commenting on this and they rarely comment on the news. According to the Scotsman, an online poll of 19000 people was done and 95% supported Warmack wearing the kilt.

The principal has managed to get The Anchoress AND Shakespeare’s Sister to agree on an issue. Now, the story does note this isn’t the first time in American School history that this has come up:

Other schools around the country also have wrestled with the issue. A principal in Victoria, Texas, ordered two boys into “more appropriate” attire when they wore kilts to school in 1992, saying: “I know kilts. Those weren’t kilts and the boys aren’t Scots.”

In 1993, a student in Fayette County, Ga., was not allowed to enter his prom at McIntosh High School because he showed up in a kilt and refused to change clothes.

There was also a story last May. It ended with the school looking bad and the kid being a hero among a lot of Scottish groups. One thing it notes in the story about Warmack’s kilt interest:

He got interested in his family’s Scottish ties after seeing Mel Gibson’s 1995 movie “Braveheart,” about William Wallace’s battle to overthrow English rule in 13th century Scotland. Warmack reads books about Scotland and visits Web sites to learn more about his family’s genealogy.

Key point is that these two other cases occurred before Braveheart. I think Braveheart put a sea change in terms of the way our society views the kilt. On the cusp of Braveheart, you had the beginning of Casual Kilt companies around the turn of this century. Utilikilts (hardly traditional) have sold more than 30,000 kilts (and click here to see employeeds that’ve been allowed to wear their Utilikilts to work) and of course we at King Kilts have sold a few. Now, in our country, more guys own a kilt than ever before.

As someone who’s worn a kilt every day for almost 2 years, I get into a lot of conversations. I’m often told things like, “That reminds me of my friend who wore one to his wedding.” In short, wearing a kilt is no big deal.

As Watcher pointed out, the school may be opening itself up to legal liability:

But, this issue does boil down to a First Amendment right to expression. Again, my right to wear a shirt that says “Jesus is Lord” on it is just as protected as the rights of a guy to wear a kilt.

In Tinker v. Des Moines Independent Community School (1969), the court said that a student’s freedom of expression in school must be protected unless it would seriously interfere with the requirements of appropriate discipline. (My definition of what “interferes with appropriate discipline” would be if a student was trying to express himself or herself by destroying or defacing school property. Cursing a school official also falls into the “interference” of the educational process.)

He’s going to have a hard time showing this interferred with “appropriate discipline.” At this point, the Principal would be well-advised to quit while he’s behind, apologize and let the Warmack wear his kilt to the prom without making a big fuss.

According to a poster on a Kilt Board, some settlement may be in the works that would avoid legal action. You certainly would hope that this wouldn’t go any further.

Others Blogging on this:
Thursday’s Trifles
Book of Joe

Open Trackback Posts:

The Uncooperative Blogger.
Third World County
Bloggin’ Out Loud

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20 Comments

  1. Comment by Mindflame [Visitor]

    I think it is within the legitimate power of the principle of this school to deicide that this student was not dress appropriately and ask him to change. That being said, I think the principle decided badly and I am sorry to see that he decided to make an issue out something that was not intended to cause problems when many students violate dress code just to cause disruptions. Chances are the principle saw a boy in what he thought was a skirt and thought “that is going to cause a big crowd and controversy that prevent everyone from enjoying the dance.” I don’t think this has anything to do with disrespect for the Scottish heritage. It is shame that the VP did not step in and give the Principle the heads up on this, though.

  2. Comment by Adam Graham [Member]

    Boy, you’re being generous to the principal. I think if it were as simple as you say, we should have gotten an apology about a month ago. I also don’t think the way it was worn left room for that type of interpretation of it “being a skirt”.

  3. Comment by Lyn [Visitor]

    I say whatever blows your skirt up. :-) Thanks for linking. lgp

  4. Comment by David [Visitor]

    The pricipal was being foolish.

    But then, so are “free speech” advocates who say that a clothing style is political speech (that IS, after all, what the “free speech” clause of the First Amendment was written to protect).

    Until kilts are firmly associated with a particular political POV, applying the free speech clause is trivializing the First Amendment.

    (But then, people who make “historical” and “heritage” arguments for the display of the Ten Commandments and link them to the First Amendment are making silly—and dangerous—arguments, too. And that’s not my opinion. I’d be happy to argue these points as facts.)

    Clothing styles as points of debate of “rights” are trivial. Sure, I’d be quick to argue that the principal (or other) who seeks to forbid a kid to wear a kilt ought first to enact—and enforce—a strict and explicit dress code. Absent that, fugettaboutit.

    BTW, I think kilts definitely beat the pants off lots of “acceptable” menswear today.

  5. Comment by Adam Graham [Member]

    BTW, I think kilts definitely beat the pants off lots of “acceptable” menswear today.

    Pun fully intended? :)

    I think you’ve got a point following the Strict Construction of the Constitution. However, that’s not what the federal court’s going to rule by. They’ll go by precedent. Which means if this goes to court and I certainly hope it wouldn’t, the school will lose.

  6. Comment by Michael [Visitor]

    This story proves all the more why we need charter schools and a voucher system. Each school could determine it’s own dress code and parents would be aware of it before enrolling their child. Having government involved simply invites these messy fiascoes which do nothing to enhance education but rather waste precious dollars which could be better spent on educational tools rather than litigation.

  7. Comment by Adam Graham [Member]

    Even then, it can be an issue. I’ve heard recently of a private Catholic School’s dress code being challenged by a Muslim Student who wanted to wear the Muslim dress at school over her uniform and she won in court.

  8. Comment by Michael [Visitor]

    Over her uniform ? That is INSANE ! It needs to be spelled out in print . If you attend a private school by definition you agree to the terms. If you don’t like it there is always homeschooling. Those who want to go this route should receive a tax break and voucher .

  9. Comment by Michael [Visitor]

    Damn Liberals !

    A quick question about kilts. In knee deep snow do you still wear a kilt? do you wear leg warmers? What if you fall on your ass and the kilt rides up ? It just seems so impracticle.

  10. Comment by Adam Graham [Member]

    I would tend to agree on school choice. I don’t push for a whole lot of religion in schools, have something basic at the start of the day like “We Hold These Truths to be Self-Evident that all men are created equal and endowed by their creator with certain unalienable rights…”

    In knee deep snow do you still wear a kilt?

    I wouldn’t know. In Boise, rarely does snow reach above my ankles. In Montana, rarely would it actually be knee deep.

    do you wear leg warmers?

    -Yeah, I’ve got a set of Swedish Leg Warmers, I bought online a few years back. It saves wear and tear on my kilt hose during the Winter. Big thing with body warmth is to dress warm up top, and the bottom really doesn’t matter as much. The kilt I wear on cold Winter days is 22 oz. Wool. Anytime, I’m feeling cold, the people wearing pants are also complaining too.

    Also, Michael I don’t own a donkey. :) However, when I fall, there’s not much of a ride up and it pretty quickly fixed.

    Its not to say there’s not downsides. But, there’s problems with pants too. The infamous “Plubmer’s Crack” comes to mind, chaffing, as well as the tendancy of pants to split out at the most inopportune times. I remember once it happened when I was waiting in line to see a newspaper editor. ;)

  11. Comment by Andrea Graham [Member]

    I have to admire a man secure enough with his weigh to admit to splitting his pants out. I also have to admire a man secure enough with his manhood to wear a kilt. I like I like! :)

    But duh, I married him.

    And I’ve never known a kilt, or a skirt for that matter, to ride up and expose anything to cry about, but that’s also one reason for underwear. (sorry to disappoint, only real big fools die-hards go without)

  12. Comment by Adam Graham [Member]

    Even guys who aren’t that big have pants rip out, generally happens when you gain weight or your grab a pair of pants that “fits” but is tight. Over time, particularly if you buy cheaper pants, the seams stretch out until they say, “Captain, she can’t take anymore.” :)

  13. Comment by Michael [Visitor]

    I’m just not a kilt kind of guy.

  14. Comment by Adam Graham [Member]

    Well, that’s okay. You don’t have to be. :)

  15. Comment by Andrea Graham [Member]

    or to being so poor they don’t think to buy a new pair of jeans until the seems give way….

  16. Comment by Josh Cohen [Visitor]

    A similar thing happened between 1994 and 1996 in Davie, FL, at Nova High School — not a private school per se, but a public school that you had to get “accepted” to. A student wore a kilt to school on the day he was to do a project on Scotland, and he got suspended. For the next two days (I believe… it may have only been one day) hundreds of male students wore skirts to school in protest.

    I don’t recall how it all ended, but it was kind of funny to see it.

  17. Comment by Brian Bonner [Visitor]

    Well, I saw some coverage on this, and I am celtic, and I can’t remember the name of it but where was the piece that is supposed to go in the front of the kilt? It sure looked like a dress to me! But I am picky…

  18. Comment by Adam Graham [Member]

    Well, Brian, its called a Sporran and ideally, you should wear one with a regular kilt. Most the time I’m wearing a regular tartan kilt, I wear one. It has a practical reason:

    No Sporran=No Place to Store Your Stuff.

    A few Winter Days I skip it when I’m wearing a big heavy coat, because then I just can put my stuff in my pocket. Yes, you’re being picky and a lot of people are with the kilt. The Sporran, though is not that expensive compared to the kilt itself. The Sporran can run between $25-$350 depending on what kind you get.

  19. Comment by Steve Dickson [Visitor]

    I couldn’t believe my eyes when I saw this. As a kilt wearing Scot (living in Scotland) I was amazed to see what a stooshie this has caused.

    I would like to ask a couple of questions of this principle.

    1. If I were to go to that school and wear a kilt would he think me unnatural?

    2. How many of the founding fathers were Scottish in origin?

    3. If the pupil had said he was gay and wore a skirt what would have been his conduct then?

    4. If he had seen me wearing a kilt at a relatives funeral in America (which I did) would he have asked me to leave?

    5. If the boy had been wearing a kaftan or any other clothing that does not constitute “pants” would that have caused him as much prejudice.

    I have never seen so much rubbish in my life and I would feel very aggrieved if that was my principle. After all the kilt was worn CENTURIES before the US was even thought of.

  20. Comment by Adam Graham [Member]

    Good points all. Good thing this was settled in the student’s favor some time ago. I’m amazed when a thread like this one elicits a response 16 months later.

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