Federal Court Rules That State Athletic Association Discriminates Against Female Athletes

Parents Prevail in Leveling the Playing Field for Michigan Girls

Grand Rapids, Michigan – A Federal District Court today ruled that the Michigan High School Athletic Association (MHSAA) can no longer discriminate against female high school athletes by placing their teams in nontraditional and/or disadvantageous seasons,  including basketball and volleyball.  National Women’s Law Center (NWLC) praised the verdict in MHSAA v. Communities for Equity (CFE) as a victory for Michigan girls and urged other state athletic associations and communities to take heed of the ruling and review their treatment of female student athletes.  CFE is one of the plaintiffs in the Title IX case and NWLC is of counsel.

“This ruling puts athletic associations and others who treat female athletes as second class citizens on notice that they are violating Title IX and other civil rights laws,” said Marcia D. Greenberger, NWLC Co-President.  “This shows that we’ve still got a long way to go towards ensuring that girls get the athletic opportunities they deserve, but fortunately, the law is on our side.”

In today’s ruling, Chief U.S. District Judge Richard Alan Enslen declared that MHSAA’s current scheduling of high school girls’ sports violates the Constitution and federal and state laws.  The judge found that “…the practice of scheduling only girls’ sports, but not boys’ sports, in disadvantageous and/or non-traditional seasons sends the clear message that female athletes are subordinate to their male counterparts, and that girls’ sports take a backseat to boys’ sports in Michigan.”  The court ordered MHSAA to bring its scheduling of seasons into compliance with the law by the 2003-2004 school year.

“The discrimination lay in the fact that girls were treated differently from boys.  Only girls were required to play in non-traditional and/or disadvantageous seasons,” said Philip L.Cohan of Piper Marbury Rudnick & Wolfe (PMRW), who was lead trial counsel.

MHSAA places six high school girls’ sports, but no boys’ sports, in nontraditional and/or disadvantageous seasons.  As a result, girls are harmed in ways that boys are not including: limited opportunities for athletic scholarships and opportunities to play college sports; limited opportunities to play in club or Olympic Development Programs; and missed opportunities for awards and recognition, such as All-American teams. 

Basketball is traditionally played in the winter and volleyball is played in the fall, but for Michigan, girls’ basketball is in the fall and volleyball in the winter. 

“Michigan girls and their families can now be more confident that high school female athletes will be given equal opportunities to play sports and be treated fairly when they do play,” said Diane Madsen, President of CFE.

CFE, an organization of students and parents seeking gender equity in Michigan schools, along with two named plaintiffs, filed the original class action lawsuit in 1998 citing Title IX and constitutional violations on behalf of all Michigan high school girls.  The suit alleged that MHSAA discriminated against female athletes by providing more athletic opportunities for male students, providing inferior facilities for some girls’ sports, allocating more money to support and promote boys’ programs and requiring female athletes to play in shorter, nontraditional or inferior seasons. 

All issues except seasons were successfully addressed in mediation.  MHSAA agreed to equally televise and promote girls’ sports, add two girls’ sports tournaments after surveying female students, and provide better facilities for girls’ state finals.  The only issue that remained for trial was the issue of seasons.

“This ruling will help ensure that girls will get the full educational benefits and opportunities from playing sports,” said Neena Chaudhry, NWLC Senior Counsel. “That’s not just playing fair, it’s the law.” 

The trial team was led by Mr. Cohan of PMRW, Kristen Galles of Equity Legal, Rhett Pinsky of Pinsky, Smith, Fayette & Hulswit, LLP, Neena Chaudhry of the National Women’s Law Center and Robin Bohnenstengel of PMRW.  The Department of Justice also participated at trial as litigating amici.

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NWLC has worked to protect and advance the progress of women and girls at work, in school, and in virtually every aspect of their lives.  As part of its efforts to ensure gender equity in educational institutions, the Center has made it a priority to level the playing field for female students and athletes by participating in nearly every major Title IX case in the country and providing information to parents and students about the law.

NWLC has published a Title IX checklist for concerned parents, coaches, students and administrators called Check It Out: Is the Playing Field Level for Women and Girls at Your School. To order Check It Out online, please visit the publications center of our web site.