By Staff
WASHINGTON D.C. – Victory in an eight-year battle to obtain equal treatment for high school girls in Michigan may finally have been reached as the 6th Circuit Court of Appeals today reaffirmed an earlier ruling that the Michigan High School Athletic Association (MHSAA) discriminates against female high school athletes by scheduling only their sports in nontraditional and less advantageous seasons, in violation of the U.S. Constitution and Title IX. The National Women's Law Center, which is of counsel in the class action law suit Communities for Equity v. MHSAA, praised the decision and urged MHSAA to immediately bring its scheduling of girls' sports into compliance with the law.
"After eight long years, Michigan girls can finally cheer," said Marcia D. Greenberger, Co-President of the National Women's Law Center. "The court has once again ruled that the facts and the law are on the side of Michigan high school girls. MHSAA must stop forcing these girls to play second string and instead ensure that they have the athletic opportunities they deserve."
The case began in 1998 when Communities for Equity sued MHSAA for scheduling six girls' sports – and no boys' sports – in nontraditional seasons. As a result, girls are harmed in ways boys are not, including limited opportunities to be seen by college recruiters and to compete for athletic scholarships and missed opportunities for awards and recognition, such as All-American teams. For example, because they are scheduled to play volleyball in the winter instead of the traditional fall season, Michigan girls cannot play club volleyball due to MHSAA-imposed restrictions on dual participation. As a result, girls lose out on valuable skill-building opportunities, as well as opportunities to be recruited by college coaches at club events and receive athletic scholarships.
After trial in 2001, the district court held that MHSAA's scheduling of girls' seasons violated Title IX, the United States Constitution, and Michigan state law. In 2004, the Sixth Circuit upheld the district court's decision on the constitutional claim, finding it unnecessary to reach the Title IX or state law issues. The following year, the Supreme Court asked the Sixth Circuit to reconsider the case, posing the technical question of whether the girls can sue under the Constitution in addition to Title IX. The Sixth Circuit today ruled not only that a Title IX claim does not bar a plaintiff's right to also sue for a violation of his or her constitutional rights, but that MHSAA's conduct violates both federal and state statutes and the Constitution.
"This ruling is a long overdue victory for Michigan girls and for the law," said Neena Chaudhry, Senior Counsel at the Center and one of the lead attorneys in the case.