Law.com Addresses Communites for Equity

Earlier this year, the Michigan High School Athletic Association petitioned for Supreme Court review of the Sixth Circuit's decision in MHSAA v. Communities for Equity, that its decision to schedule girls sports "out of season" violates the Equal Protection clause and Title IX.

We still don't know for sure whether the Supreme Court will grant cert and hear the case -- for the second time -- but the authors of the "Conference Call" column at Law.com consider it a "likely candidate" for Supreme Court review.

We've written about the 6th Circuit decision (see here and here), which Conference Call describes as presenting the following two questions:

Whether differences in single-sex programs are constitutional unless the plaintiff can prove either discriminatory animus or that the programs are substantially unequal overall; and

whether Title IX of the 1972 Education Amendments is the exclusive remedy for gender discrimination by federal fund recipients in their athletic programs.

We'll know soon--possibly by April 2--whether the Supreme Court will take the case or let the 6th Circuit decision stand.