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COMMUNITIES v. MICHIGAN HIGH SCHOOL

No. 02-1127.

377 F.3d 504 (2004)

COMMUNITIES FOR EQUITY, on behalf of itself, its members and all those similarly situated; Diane Madsen, on behalf of her minor daughters and all those similarly situated; and Jay Roberts-Eveland, on behalf of her minor daughter and all those similarly situated, Plaintiffs-Appellees, v. MICHIGAN HIGH SCHOOL ATHLETIC ASSOCIATION, INC., on behalf of itself and its members, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 27, 2004.

Attorney(s) appearing for the Case

Dennis J. Dimsey (briefed), Teresa Kwong (briefed), U.S. Department of Justice Civil Rights Division, Appellate Section, Washington, DC, Amicus Curiae.

H. Rhett Pinsky (briefed), Pinsky, Smith, Fayette & Hulswit, Grand Rapids, MI, Kristen Gallee (argued and briefed), Equity Legal, Alexandria, VA, Neena K. Chaudhry (briefed), Marcia D. Greenberger (briefed), National Women's Law Center Washington, DC, for Plaintiff-Appellee.

Edmund J. Sikorski, Jr. (argued and briefed), Ann Arbor, MI, William M. Azkoul (briefed), Azkoul & Azkoul, Grand Rapids, MI, for Defendant-Appellant.

Before: KENNEDY and GILMAN, Circuit Judges; SHADUR, District Judge.

OPINION

GILMAN, Circuit Judge.

Communities for Equity — an organization of parents and high school athletes that advocates on behalf of Title IX compliance and gender equity in athletics — and the individual plaintiffs (collectively, CFE) brought a class action lawsuit against the Michigan High School Athletic Association (MHSAA), arguing that MHSAA's scheduling of high school sports seasons in Michigan discriminated against female athletes...

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