D.M. BY BAO XIONG v. MN STATE HIGH SCHOOL LEAGUE

No. 18-3077.

917 F.3d 994 (2019)

D.M., a Minor, BY BAO XIONG, the Mother, Legal Guardian, and Next Friend of D.M.; Z.G., a Minor, by Joel Greenwald, the Father, Legal Guardian, and Next Friend of Z.G. Plaintiffs-Appellants, v. MINNESOTA STATE HIGH SCHOOL LEAGUE; Bonnie Spohn-Schmaltz, in Her Official Capacity as President of the Board of Directors for the Minnesota State High School League; Erich Martens, in His Official Capacity as Executive Director of the Minnesota State High School League; Craig Perry, in His Official Capacity as an Associate Director of the Minnesota State High School League; Bob Madison, in His Official Capacity as an Associate Director of the Minnesota State High School League Defendants-Appellees, Missouri State High School Activities Association; Arkansas Activities Association; Nebraska School Activities Association; North Dakota High School Activities Association; National Federation of State High School Associations Amici on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: March 6, 2019.


Attorney(s) appearing for the Case

Anastasia Boden , Timothy R. Snowball , Joshua Paul Thompson , Caleb R. Trotter , PACIFIC LEGAL FOUNDATION, Sacramento, CA, Erick G. Kaardal , MOHRMAN & KAARDAL, Minneapolis, MN, for Plaintiffs-Appellants.

Kevin Michael Beck , Joseph A. Kelly , Patrick John Kelly , KELLY & LEMMONS, Saint Paul, MN, for Defendants-Appellees.

Mallory V. Mayse , Columbia, MO, for Amicus on Behalf of Appellee(s) Missouri State High School Activities Association.

Edward W. McCorkle , MCMILLAN & MCCORKLE, Arkadelphia, AR, for Amicus on Behalf of Appellee(s) Arkansas Activities Association.

Rex R. Schultze , PERRY LAW FIRM, Lincoln, NE, for Amicus on Behalf of Appellee(s) Nebraska School Activities Association.

Rachel Bruner , PEARCE & DURICK, Bismarck, ND, for Amicus on Behalf of Appellee(s) North Dakota High School Activities Association.

William E. Quirk , POLSINELLI, PC, Kansas City, MO, for Amicus on Behalf of Appellee(s) National Federation of State High School Associations.

Before LOKEN, MELLOY, and ERICKSON, Circuit Judges.


In 2018, two boys sued their state's high school athletic league and several of its officers for declaratory and injunctive relief under 42 U.S.C. § 1983. The boys alleged that the league violated their rights under the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution and under Title IX of...

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