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STRIEBEL v. MINN. STATE HIGH SCHOOL LEAGUE

Nos. 51940, 52042.

321 N.W.2d 400 (1982)

Charlotte STRIEBEL, State of Minnesota, by William L. Wilson, Commissioner, Department of Human Rights, Appellants, v. The MINNESOTA STATE HIGH SCHOOL LEAGUE, Respondent.

Supreme Court of Minnesota.

Rehearing Denied September 10, 1982.

Attorney(s) appearing for the Case

Diane C. Hanson, MCLU, Linda Ojala, MCLU, Minneapolis, for Striebel.

Warren Spannaus, Atty. Gen., Mark Levinger and Richard Varco, Sp. Asst. Attys. Gen., St. Paul, for State.

Talle, Klint & Trimble and Douglas E. Klint, Anoka, for respondent.

Peterson, Popovich, Knutson & Flynn, Peter S. Popovich and Frances H. Graham, St. Paul, amicus curiae for Minnesota School Boards Ass'n.

Heard, considered and decided by the court en banc.

OTIS, Justice.

Appellant Striebel challenges, on equal protection grounds, the constitutionality of Minn.Stat. § 126.21, subd. 5 (1980), authorizing separate seasons of play for high school athletic teams separated or substantially separated according to sex. The trial court determined that the lack of adequate tennis and swimming facilities made it necessary to schedule these sports in two seasons, and that separating the teams by sex was a reasonable means...

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