Equal Protection in High School Sports Scenario 2 Should a girl be allowed to play on a boys' basketball team? How should the issue be resolved fairly? Laurel is a 6’2" senior at Main East High School and an exceptional basketball player. She has played with the varsity team since she was a first-year student, and led her school to the girls’ state title for three years. This year she has decided to try out for the boys’ team because she no longer feels challenged, and hopes to be noticed for college scholarships on a more high-profile team. She has played with many of the boys from the team informally and finds it much more fun. The school rules, however, forbid a girl from trying out for a boys’ team, and the boys’ varsity coach doesn’t want her on the team because of all of the problems it will cause with locker rooms, uniforms, etc. STUDENT PANELISTS' RESPONSES Click on a student's name to read his or her bio. Paul G.  At first glance, this scenario seems like an "open and shut" case—the equal protection clause of the Fourteenth Amendment supports Laurel's wish to play on the boy's team. However, with further investigation, it becomes apparent that this scenario is not so easy. I believe that this scenario, if taken to court, could be argued well either way. In order for the Fourteenth Amendment to apply in this case, it must be assumed that Laurel is a student at a public high school that is receiving state (or government) funding. In support of Laurel's request to play with the boy's team, The Civil Rights Act of 1964 can be cited. This act "prohibits discrimination based on race, color, sex, religion, or national origin by state and local governments and public educational institutions; and in any program or activity receiving any federal funds." Since Laurel is a student at a public educational institution that is receiving federal funds, she should be allowed to play on the boys' team. In argument to Laurel's plea, the law need not even be considered. Careful analysis of the scenario indicates that Laurel wishes to play on the boys' team for two reasons—a better chance at finding college scholarships, and for fun. By weighing the pros and cons of playing on an all-boys team herself, Laurel may decide that the best way to continue having fun would be to continue playing basketball with the boys "informally." However, if Laurel's main concern is finding a college scholarship, she should spend the time and effort required to search for them herself—she should not wait for colleges to search her out. Also in argument to Laurel's plea, according to the "Substantial Relationship Test," the government can justify the situation as a mere "classification" of gender between the girls team and the boys team. Read the question Paul asked in the Legal Experts Conversation for this scenario. Cathy T. I believe that female athletes should have the opportunity to play with male athletes. The female (underrepresented sex) has the right to join the male (overrepresented sex) team if there is no female team. While, in this case, there is a female team, I still say if her ability is above the rest she should be able to try out. The other reason for her wanting to be on the boys team is that she will have more challenges and a better opportunity for college scholarships. Her appearance on the boys team will make her an outstanding, top contender for scholarships. I agree with Laurel, she should have the right to better herself and succeed. Read the questions Cathy asked in the Legal Experts Conversation and Sports Celebrities Conversation for this scenario. Brooke W. I think that Laurel should not be allowed to play on the boys basketball team. I understand that under Title IX, no person should be excluded from programs based on their sex, however, in this case there are other options for Laurel. She is given the opportunity to play on a basketball team, just as the boys are given the same chance to play on a team. She isn't being discriminated against, and in my opinion is being selfish. She should be confident in her ability on her own team to show how well she can play. I would probably feel differently if it was a sport that wasn't offered to girls, football and wrestling being examples. If it were my decision, I would look at how letting her play would affect the programs as a whole. Most likely it would be in the best interest to keep her on the girls team. The key statement being, what would benefit everyone, not just Laurel. Read the question Brooke asked in the Legal Experts Conversation  for Scenario 3.  BriAnne W.  There is no justification for discrimination in education, therefore Laurel should be allowed to tryout for the boys' basketball team. If she is able to prove herself of equal ability as her male counterparts, the issue is resolved. For centuries women have suffered the tribulations of discrimination and injustice and have borne the burden of oppression on their shoulders nobly and patiently. But women are beginning to hunger for their basic rights and will no longer be stifled by a male dominated society. What kind of message do we send to Laurel and to girls and women everywhere about their capabilities if we suppress Laurel in her pursuit of competition merely because of the inherent differences between sexes that she is able to transcend. According to Title IX of the Educational Amendments, the federal law that prohibits gender discrimination in education including athletics, "no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination…" Also, Laurel is protected by her First Amendment right to free expression, for basketball is a means of self-expression, as well as the 14th Amendment right that no person shall be denied "equal protection of the laws." The situation is analogous to the Civil Rights movement and the famous Brown v. Board of Education, in which "separate but equal" was deemed unconstitutional. And so it is with Laurel. Read the questions BriAnne asked in the Legal Experts Conversation and Sports Celebrities Conversation for this scenario. Don't forget to check out Convo Central for other students' comments about this scenario! Interested in putting on your own mock trial about a similar situation? The following mock trial can be purchased through our Online Catalog. Andrews v. Springville School System -- A lawsuit brought against a local school system by the parents of a high school girl who has been refused a tryout for the boys' soccer team. Student Panelists | Sports Celebrities | Legal Experts Scenario 1 | Scenario 2 | Scenario 3 Conversations | Convo Central (Student Comments) Links Online Conversations | Title IX