Judge Denies Injunction Request to Prohibit MSHSL from Enforcing Girls-Only Dance Team Rule

Minnesota State High School League Photo: KSTP
Minnesota State High School League

September 27, 2018 03:12 PM

A United States District Court judge has denied a request for a preliminary injunction that would have prevented the Minnesota State High School League from enforcing a rule that prohibits boys from participating in high school competitive dance team while a lawsuit two teenage boys have filed is pending.

Dmitri Moua of Roseville and Zachary Greenwald of Hopkins filed a federal lawsuit this past summer with the help of their parents and the Pacific Legal Foundation, which has worked on similar cases with students in at least two other states.

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The two boys and their guardians have appealed the ruling to the U.S. Eighth District Court of Appeals.

RELATED: Minnesota Boys Sue to Join Girls High School Dance Teams

The two want to try out for their schools' dance teams, but the league's rules prohibit boys from competing on girls' dance teams, according to the lawsuit. The suit argues the rules violate Title IX, the federal law that bars sex discrimination in education programs that receive federal funds.

The two could still be allowed to join the dance teams at their schools if they prevail in their lawsuit, but the injunction being requested would allow them to join those teams when the season begins in October.

"The harm to the MSHSL if the injunction issues is extensive, if not irreparable," Judge Paul A. Magnuson wrote in his decision. "An injunction would undoubtedly throw the imminent dance-team season into disarray. And the MSHSL is caught in a difficult situation, where to acquiesce to Plaintiffs' demands could result in the MSHSL falling out of compliance with its obligations under Title IX. These harms warrant serious consideration."

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