The Milan News-Leader
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Lawsuit decision could come soon
Fate of high school sports seasons to be decided next week
By Joe Slezak, Heritage Newspapers
PUBLISHED: March 22, 2007
The fate of the state high school sports seasons lawsuit might be decided next week.
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The U.S. Supreme Court's nine justices are scheduled to discuss the Michigan High School Athletic Association's appeal of a 6th U.S. Circuit Court of Appeals ruling at their weekly conference on March 30.
There is a possibility that the case won't be discussed that day. If not, it will be bumped to the next Friday's conference, a court clerk said.
On the Monday following the conference in which they discuss the case, the justices reveal whether they'll hear it.
According to the Supreme Court, more than 8,000 requests are filed each term, and hearings are granted for about 100.
If they choose not to hear the case, Communities for Equity will win the lawsuit it filed in 1998. If the justices choose to hear it, it won't be until the 2007-08 term, which begins in October, the clerk said.
Communities for Equity, based in Grand Rapids, sued the East Lansing-based MHSAA, alleging that the association discriminates against girls because basketball is a fall sport and volleyball is a winter sport. It's the other way around on the collegiate level nationally and on the high-school level in 47 states.
The sides had previously agreed that if they weren't notified before June 1 if the Supreme Court would hear the case, the seasons for eight sports would remain the same for the 2007-08 school year. If the justices deny the MHSAA's writ of certiorari before then, the sports would change in 2007-08.The association has prepared two sets of tournament calendars for next school year.
The changes would be: statewide girls' basketball from fall to winter; statewide volleyball from winter to fall; Lower Peninsula boys' golf and girls' tennis from fall to spring; Lower Peninsula girls' golf and boys' tennis from spring to fall; Upper Peninsula boys' soccer from fall to spring; and U.P. girls' soccer from spring to fall.
The MHSAA filed the writ Jan. 29, Communities for Equity filed its response Feb. 28 and the MHSAA filed its reply March 7.
In August, three 6th Circuit judges ruled 2-1 at the MHSAA is violating the equal protection clause of the U.S. Constitution's 14th Amendment, Title IX of the Education Amendments of 1972 and Michigan's Elliott-Larsen Civil Rights Act. The dissenting judge said it only was a Title IX case.
There are 760 MHSAA member high schools in 2006-07.
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