Baseball Crank
Covering the Front and Back Pages of the Newspaper
August 16, 2006
LAW: Making a Federal Case of High School Sports Schedules

The Sixth Circuit finds a constitutional violation in the way Michigan high schools schedule boys' vs. girls sports teams. I kid you not. (The part of the opinion dealing with the facts starts at p. 14 of the PDF after a long procedural detour)

Posted by Baseball Crank at 10:01 PM | Law 2006-08 | Comments (3) | TrackBack (0)

Actually, there seems to be a trifecta of violations - Title IX, 14th amendment, and State Law.

So, a couple of questions: do you think the decision was rightly judged in terms of Title IX and what the decisions seems to be about State Law? IANAL, but it seems to fit.

As to the 14th amendment, I'm guessing it's the "No State shall make or enforce any law which shall abridge the privileges or immunities" /Equal Protection/etc. If the argument is that one season is better than another for the same sport, it does sound like a privilege is being abridged. Even if that is playing basketball in the fall vs. the spring, for example. Or, is there something in your post I'm missing?

Posted by: Dave at August 17, 2006 12:28 AM

Ack, missed a sentance fragment - or, is it just that something that seems so trivial has gotten so far in the court system?

Posted by: Dave at August 17, 2006 12:30 AM

I'm not really criticizing the Sixth Circuit; the decision may be debatable but to some extent they have to work with the law as it stands. It's more the triviality of the thing and the degree of intrusiveness that constitutional law has extended to.

Posted by: The Crank at August 17, 2006 10:51 AM
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