The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent


Minnesota Public High School Can't Have Girls-Only Dance Team

So the Eighth Circuit holds.


The opinion is today's D.M. v. Minnesota State High School League, which applies the federal Equal Protection Clause. But there's an important limitation:

In many sports, single-sex teams can be justified if boys enjoy a competitive advantage over girls due to their weight and height. The League has not presented any evidence (and does not seem to seriously argue) that boys enjoy any competitive advantage over girls in dance.