Boy not allowed to compete on girl's gymastics team
Filed under: Day Care & Education
As there isn't a boy's gymnastics team at Stevens Point Area High School, Keith Michael Bukowski figured he'd join the girl's team. But according to the Wisconsin Interscholastic Athletic Association, boy's aren't allowed to compete in girl's sports.
Bukowski subsequently sued the WIAA, arguing that the organization's rule violated both the equal protection clause of the U.S. Constitution, and Title IX -- a law created to prohibit gender discrimination in athletics. Girls commonly use Title IX to in petitioning their high schools to allow them access to boy's football and wrestling teams -- sports for which there is often no female equivalent. Bukowski claimed his case was the same, simply in reverse.
But in a 3-0 decision, the courts ruled in favor of the WIAA. In previous cases, courts have concluded that if boys compete on girls teams, it jeopardizes opportunities for girls. This decision, however, appears to hinge on the fact that Bukowski didn't prove that the WIAA was an arm of the state -- and thus, can not be sued on Constitutional grounds -- nor did he prove that the organization received federal funding -- and thus, Title IX, as it's a federal law, is not technically applicable.
Sounds like the court skipped deciding on the issue at hand and dismissed the case on technical, legal grounds, so I pose the question to you: is this fair? Should he have been allowed to compete?
(Random interesting side note: Bukowski, a junior when filed the suit, has now graduated, and has been hired by the school as an assistant gymnastics coach.)
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