You are selected to be the head of your state's high school athletic association. The association,...

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You are selected to be the head of your state's high school athletic association. The association, created by the state legislature in 1935, regulates high school sport competitions of member schools. Member schools can be public or private. There are 100 schools that are members; 60 percent are public and 40 percent are private. Of all the schools in the state, 35 percent of all private schools and 55 percent of all public schools are members. Therefore, many schools are not in the association. For most of its existence, the association has acted informally in passing rules and regulations. Often, the chair of the association proposed rules and the rest of the committee approved them by a unanimous vote. One of the rules deals with exclusion of "violent" sports for female athletes. The regulation does not define what "violent" means, giving schools the authority to make that determination and ban them. Sagebrush High, a private school, wishes to allow women to play football. The association, deeming football to be violent, orders the school to stop females from playing football. Three other schools in the state-all public-also allow women's football and they are asked to stop it as well. Sagebrush seeks legal action. Think about the following: . Does Sagebrush have a constitutional claim? Why or why not? If Sagebrush does have a constitutional claim, what constitutional rights may be violated? If not, why not? Assuming that constitutional rights are violated, which constitutional tests would be applied? . You are selected to be the head of your state's high school athletic association. The association, created by the state legislature in 1935, regulates high school sport competitions of member schools. Member schools can be public or private. There are 100 schools that are members; 60 percent are public and 40 percent are private. Of all the schools in the state, 35 percent of all private schools and 55 percent of all public schools are members. Therefore, many schools are not in the association. For most of its existence, the association has acted informally in passing rules and regulations. Often, the chair of the association proposed rules and the rest of the committee approved them by a unanimous vote. One of the rules deals with exclusion of "violent" sports for female athletes. The regulation does not define what "violent" means, giving schools the authority to make that determination and ban them. Sagebrush High, a private school, wishes to allow women to play football. The association, deeming football to be violent, orders the school to stop females from playing football. Three other schools in the state-all public-also allow women's football and they are asked to stop it as well. Sagebrush seeks legal action. Think about the following: . Does Sagebrush have a constitutional claim? Why or why not? If Sagebrush does have a constitutional claim, what constitutional rights may be violated? If not, why not? Assuming that constitutional rights are violated, which constitutional tests would be applied? .

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Sagebrush High likely has a constitutional claim against the state high school athletic association ... View the full answer