Morris v. Michigan State Board of Education, 72-1578.
| Decision Date | 25 January 1973 |
| Docket Number | No. 72-1578.,72-1578. |
| Citation | 472 F.2d 1207 |
| Parties | Cynthia MORRIS, by Dr. Joe D. Morris, her next friend, et al., Plaintiffs-Appellees, v. MICHIGAN STATE BOARD OF EDUCATION, a Michigan State Agency, Defendant-Appellee, Michigan High School Athletic Association, a private, voluntary, unincorporated association of Michigan High Schools, and South Central Conference, a voluntary unincorporated conference of certain Michigan High Schools, Defendants-Appellants. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Roscoe O. Bonisteel, Jr., Ann Arbor, Mich., for appellants.
Lawrence W. Sperling, Ypsilanti, Mich., for appellees; DeVine & DeVine by John B. DeVine, Ann Arbor, Mich., on briefs for Board of Education of the Public Schools of the City of Ann Arbor; Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Eugene Krasicky, Patrick Kowaleski, Asst. Attys. Gen., Lansing, Mich., on briefs for Mich. State Board of Education.
Before EDWARDS and LIVELY, Circuit Judges, and CECIL, Senior Circuit Judge.
This case arose out of the desire of two high school girls from the Ann Arbor Union High School tennis team to participate in interscholastic tennis matches representing their school. The regulation which prohibits their doing so was adopted by the Michigan High School Athletic Association and said in part:
Girls are not to engage in interscholastic athletic contests when part or all of the membership of one or both of the competing teams is composed of boys. sic
The claim of the plaintiffs is that this regulation denies them both equal protection and due process under the Fourteenth Amendment of the United States Constitution. Subsequent to the filing of the bill of complaint in this case and the entry of a temporary restraining order, it appears that the scope of pleadings was expanded to include as a class all girls in Michigan high schools who desired to participate in interscholastic athletics involving noncontact sports.
On April 27, 1972, a preliminary injunction was entered by the District Judge invalidating Rule 5 of the Michigan High School Athletic Association as quoted above, and enjoining said Association from: "Preventing or obstructing in any way the individual plaintiffs or any other girls in the State of Michigan from participating fully in varsity interscholastic athletics and athletic contests because of their sex."
It should be noted that the District Judge's preliminary injunction appears on its face to apply to all athletic contests whether contact sports or noncontact sports.
Subsequent to the entry of the preliminary injunction, the Michigan Legislature adopted Act No. 138 of the Public Acts of 1972 which reads:
Female pupils shall be permitted to participate in all noncontact interscholastic athletic activities, including but not limited to archery, badminton, bowling, fencing, golf, gymnastics, riflery, shuffleboard, skiing, swimming, diving, table tennis, track and field and tennis. Even if the institution does have a girls\' team in any noncontact interscholastic athletic activity, the female shall be permitted to compete for a position on the boys\' team. Nothing in this subsection shall be construed to prevent or interfere with the selection of competing teams solely on the basis of athletic ability. M.C.L.A. 340.379(2), Pub.Act No. 138 .
It appears, however, that this statute will not become...
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