Judge says women must cover nipples

SPRINGFIELD, Mo. — Women will have to cover their nipples in public while men can continue to go shirtless in the southwest Missouri city of Springfield, a federal judge has ruled.

U.S. District Court Judge Beth Phillips ruled that the city’s current public indecency ordinance didn’t violate the Constitution by allowing men, but not women, to show their nipples.

The dispute began when two women affiliated with an organization called “Free the Nipple-Springfield Residents Promoting Equality” held a topless rally to challenge a city ordinance that required women to cover their nipples. After that rally, the City Council passed a stricter ordinance that required more of the female breast to be covered.

Although the City Council repealed the more restrictive ordinance, the American Civil Liberties Union sued in October 2015 on behalf of the two women, arguing that the indecency ordinance violates the Equal Protection Clause, which requires men and women to be treated as equals.

In a ruling Wednesday, Phillips disagreed, saying that treating genders differently is constitutional if it supports important governmental objectives.

“The City has a legitimate interest in promoting decency and protecting morals by prohibiting public nudity, and this interest constitutes an important governmental objective,” she wrote.