D.M. v. Minnesota State High School League

Minnesota officials limit participation on public high school competitive dance teams to female students. Two male students sue under the Equal Protection Clause, but the district court denies their request for preliminary injunction. Which, says the Eighth Circuit, was error. In limited circumstances, this sort of sex discrimination can be used to remedy past discrimination against members of one sex. But “over the past five years, the representation of girls in Minnesota athletics has been almost directly proportional to the number of girls enrolled at Minnesota schools.” So there’s no good reason to exclude the boys.

Tags: 2019, Discrimination, Eighth Circuit, Equal Protection, Remedies

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