Freeing Females from Toplessness Bans: A Strict Scrutiny Analysis

Authors

Colleen Marron

Abstract

Males may exhibit their bare chests on outdoor public property their entire lives. In many locations, this fundamental right to bodily autonomy afforded to men is denied to women. This Comment examines the Equal Protection Clause of the Fourteenth Amendment in conjunction with the fundamental right to bodily autonomy and focuses on the regulations forbidding female breast exposure. The assumption that female breasts require coverage due to their provocative nature normalizes and entrenches problematic issues, particularly the objectification of women, into law. The fundamental right to bodily autonomy requires protection over arbitrary and capricious social norms. This Comment stresses courts must establish the correct strict scrutiny standard of review to analyze female toplessness bans

Recommended Citation

Colleen Marron, Freeing Females from Toplessness Bans: A Strict Scrutiny Analysis, 127 Dick. L. Rev. 839 (2023).
Available at: https://ideas.dickinsonlaw.psu.edu/dlr/vol127/iss3/9