DEPT. OF CIVIL RIGHTS EX REL. FORTON v. WATERFORD TWP. DEPT.

Docket No. 71462, (Calendar No. 21).

425 Mich. 173 (1986)

387 N.W.2d 821

DEPARTMENT OF CIVIL RIGHTS ex rel FORTON v. WATERFORD TOWNSHIP DEPARTMENT OF PARKS AND RECREATION

Supreme Court of Michigan.

Decided May 29, 1986.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Michael A. Lockman, Assistant Attorney General, for the plaintiff.

Peter J. Donlin for the defendant.

Amicus Curiae:

Conlin & Sikorski (by Edmund J. Sikorski, Jr.) for Michigan High School Athletic Association, Inc.


BRICKLEY, J.

This lawsuit comes to us on the question whether the defendant township can operate a basketball program for elementary students that requires separate gender-based leagues playing at different times of the year, without violating the Civil Rights Act, MCL 37.2302; MSA 3.548(302) (hereinafter § 302). In order to answer that question, it is necessary first to decide whether this statute prescribes a standard prohibiting any rulemaking by the state...

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