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BRENDEN v. INDEPENDENT SCHOOL DISTRICT 742

No. 72-1287.

477 F.2d 1292 (1973)

Torbin H. BRENDEN, Individually and as parent and natural guardian of Peggy Brenden, et al., Plaintiffs-Appellees, v. INDEPENDENT SCHOOL DISTRICT 742, and Independent School District 274, Defendants, and the Minnesota State High School League, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 18, 1973.

Attorney(s) appearing for the Case

Bernhard W. LeVander, Minneapolis, Minn., for defendant-appellant.

Thomas W. Wexler, Minneapolis, Minn., for plaintiffs-appellees.

Before LAY, HEANEY and STEPHENSON, Circuit Judges.

HEANEY, Circuit Judge.

This is a civil rights action brought under 42 U.S.C. § 1983 to enjoin enforcement of a rule promulgated by the Minnesota State High School League which bars females from participating with males in high school interscholastic athletics. The rule states:

"Girls shall be prohibited from participation in the boys' interscholastic athletic program either as a member of the boys' team or a member of the girls' team playing the boys...

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