The Michigan non-profit Communities for Equity (CFE) group formed in April 1994. It is an organization of parents, coaches, and students from throughout Michigan, working to address gender athletic equity issues within (Michigan) school districts. In July 1998, Communities for Equity v. Michigan High School Athletic Association (MHSAA) was filed in U.S. District Court for Western District of Michigan, Court, assigned to Judge Richard Enslen in Kalamazoo, Michigan.
On behalf of all female students attending Michigan Secondary schools who seek to participate in, participate in, or are otherwise deterred from participating in interscholastic athletics, CFE claims that in violation of the requirements of Title IX of the Education Amendments of 1972, the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution and Michigan State law, MHSAA denies equal opportunity and therefore equal treatment and benefits and is discriminating against Michigan female athletes.
In many ways females and female athletes in Michigan have many more opportunities then at any point in the past. As Michigan girls grow into their Junior High and High School years, they find there still are many institutionalized practices in Michigan schools, where discrimination still causes girls to feel they are second class. The CFE suit aims to address those practices and rules controlled by MHSAA decision making.
CFE charges MHSAA with:
• unequal accommodation of the interscholastic interests and abilities of females by how they select and offer sports and levels of competition,
• forcing females to play sports in non-traditional seasons, shorter athletic seasons,
• scheduling females at inferior days and times,
• providing, assigning and operating inferior facilities for females for MHSAA sanctioned games,
• forcing females to play with rules and conditions that are abnormal, and
• allocating more resources and support to males, then to females.
There are other practices with which individual School Boards must become familiar with and must change as well.
MHSAA filed a motion to dismiss the suit, which was denied in January 2000. The question of whether they discriminate or not, was not addressed in the dismissal. Another important step occurred when, in January 2000, the Federal Justice Department filed an amicus brief supporting the CFE action against MHSAA.
In early March 2000, MHSAA filed an appeal of the U.S. District Court for Western District of Michigan ruling, against the dismissal request. Also, the Federal Justice Department asked the U.S. District Court for Western District of Michigan to let the Justice Department enter the suit on behalf of the people of the United States, as a co-litigant against MHSAA. MHSAA made a formal appeal of the District decision to deny MHSAA’s request to dismiss, to the U.S. Court of Appeals for the Sixth Circuit, which is based in Cincinnati. CFE opposed the appeal. However, a 3 judge panel of the Court of Appeals heard the appeal and denied the appeal around March 27th. MHSAA then requested the full Court of Appeals to consider the MHSAA appeal of the District decision to deny the MHSAA dismissal request. Approximately July 1, 2000, the full Court of Appeals denied the appeal of the dismissal decision as well.
MHSAA then notified the court of its intention to appeal to the US Supreme Court. At the beginning of October 2000, the US Supreme Court denied the appeal of the dismissal decision.
At this point, the Lawsuit has been divided into two parts, everything but the seasons issue, is to be mediated. A date for the attempted mediation in Kalamazoo, has been set for June 5 and 6, 2001. Don't be surprised if this goes no-where. The trial for the seasons (and the rest if mediation fails) is set for August 13, 2001. MHSAA has asked Judge Richard Enslen to remove himself from the trial and asking for a jury trial instead of before the Judge. I learned on May 30, 2001 the judge ruled the trial would be a bench trail. The Judge has also denied the motion to remove himself. I learned on April 8, 2001 that CFE was GRANTED a "Motion in Limine" to exclude the Michigan Attorney General Opinion that stated MHSAA was not an agent for the state. MHSAA's handbook must not be allowed to include this opinion either (as evidence).
On July 9, 2001 MHSAA caused Judge Enslen to make a ruling on the impact of the recent Supreme Court Alexander case to the lawsuit. The judge asked the Communities For Equity (CFE) group to resubmit their filing to make it clear to the court that their case is a "disparate treatment" (an intentional discrimination) case, by CFE specifically stating so in the CFE complaint. CFE will make the appropriate filing and all aspects of the case will continue as before. The trial did begin September 24, 2001. It now appears most items other then the seasons complaint have been settled in mediation, but the settlement will not be disclosed until after the trial. Judge Enslen did allow the Federal Justice Department to join the suit as co-litigant, is still due soon. The trial concluded October 5, 2001 and a decision by Judge Enslen is not expected for one or two months.
The Communities For Equity (CFE) and Federal Office of Civil Rights (OCR) lawsuit against the Michigan High School Athletic Association (MHSAA) went to trial and the Judge ruled in favor of CFE &OCR, December 17, 2001. Several of us actively supported CFE in this. MHSAA now has a court approved compliance scheme, which will be implemented throughout Michigan by 2004-2005. The climate created once the Judges orders are implemented will likely create opportunities to discuss other related athletic and even academic equity concerns we continue to have in Michigan.
MHSAA submitted their latest appellate brief in May 2003. CFE submitted theirs on July 7, 2003. We learned that the Michigan Interscholastic Athletic Administrators Association and the Tennessee Athletic Association submitted an amicus brief on MHSAA’s behalf. The Michigan Secondary Schools Principals' Association also filed an amicus, but it was more than a month late. MHSAA will have approximately one month to response to the CFE brief and then we just wait for a ruling from the 6th circuit. In all likelihood, no matter what the decision, a request for a review by all justices will be made. They may choose not to accept that and the decision will be made by the 6th circuit. We hope to have an answer from the 6th circuit by the end of this year. MGET is working to create pressure to encourage local school leaders to stop MHSAA from continuing to waste our money fighting the fair treatment of Michigan girls.
The above information was not obtained from nor is it intended to represent the views of the MHSAA lawsuit litigants, Communities For Equity (CFE) group or their attorneys. The answers have been reviewed for accuracy with various equity experts. If you wish to comment on this information, please contact Tom Wilson (734-283-5482, wybearfan1@aol.com, or go to MI-Gender-Equity.com). If you wish to learn the positions of CFE or their attorneys in the lawsuit with MHSAA, I suggest you contact the lead attorney Kristin Galles (703-683-4491), who is the person who can speak for the litigants or visit their web site ( http://www.communitiesforequity.com/ ).
