August 11, 2004

LANSING – The State Board of Education moved Tuesday to support the recent federal court ruling against discrimination of female high school athletes in Michigan.

The State Board, on a 6-0 vote at its monthly meeting, moved to "strongly encourage the Representative Council of the Michigan High School Athletic Association to end both the litigation and the discrimination against female athletes in Michigan and comply with the recent ruling of the United States Court of Appeals for the Sixth Circuit."

The federal court had ruled that the policies of the Michigan High School Athletic Association (MHSAA) on the scheduling of the seasons for girls sports violated the equal protection clause of the United State Constitution.

"But this is not just about what sports girls get to play and when they play them," said State Board member Elizabeth W. Bauer. "It’s about gender discrimination. When the girls sports were added, you didn’ t see any of the boys seasons being adjusted or directed to be equitable. Unlike every other state, Michigan’s girls’ seasons have been adjusted to fit around the boys’ seasons. There is no equity or accommodation for the girls."

The MSHAA is requesting the full 13-member Court of Appeals to re-hear the appeal that the earlier three-judge panel ruled on.

The State Board also will explore the procedures needed to have the state Attorney General file an amicus brief in support of the plaintiffs in the case, Communities for Equity, if the case continues.

State Board member Carolyn L. Curtin did note that the federal ruling will have an impact on many small northern Michigan schools that only have one gym and a limited number of coaches.

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