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Women’s Law Forum (2000-2006)

Ryan Fandetti

Abstract

Recently, there has been an array of legal challenges to the scheduling of sports seasons by high school athletic associations. These challenges are based on the argument that traditional schedules discriminate based upon gender. One particular legal battle concerning athletic scheduling is currently being fought in Michigan in Equity v. Michigan High School Athletic Ass’n., Inc, 377 F.3d 504 (6th Cir., 2004). This note will track their legal battle over the sports seasons in Michigan, and critique the recent Sixth Circuit decision affirming a district court ruling for CFE. Part two of this note will focus on the facts of Communities for Equity, and the current state of litigation in the case. Part three of this note will focus on the background of the pertinent law in the case, including a survey of constitutional challenges to gender based discrimination under the Equal Protection Clause of the 14th Amendment of the U.S. Constitution. Part four will include an analysis of the Sixth Circuit’s decision in the case, and a critique of their analysis. In part five, I will conclude by accessing the impact of the decision of the circuit court, suggesting that the U.S. Supreme Court should vacate the Sixth Circuit’s judgment and offer a modest resolution to the current litigation.

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