MINNEAPOLIS _ A federal appeals court on Wednesday ruled that the Minnesota State High School League must allow two boys to compete on their high schools' dance teams.
Juniors Dmitri Moua and Zachary Greenwald wanted to join their teams at Roseville and Hopkins high schools. But the MSHSL's bylaws state that the teams were for girls only and the schools denied them. The two filed a lawsuit against the MSHSL in July and asked for an injunction to be allowed onto the teams while the lawsuit progressed.
U.S. District Judge Paul Magnuson denied the boys' injunction, saying that the harm to the MSHSL would be "extensive, if not irreparable" in part because the league could fall out of Title IX compliance if they let the boys dance.
Magnuson ruled that the MSHSL was allowed to create girls-only teams, such as competitive dance.
But the 8th Circuit Court of Appeals reversed that ruling, citing the 14th Amendment requirement that no state can "deny to any person within its jurisdiction the equal protection of the laws."
"If the injunction is granted, the boys may try out for their schools' competitive dance teams. The negative public consequences of such an allowance, if any, will be slight," Judge Michael Melloy wrote.
The boys' attorney, Erick Kaardal, said the competitive dance season is over this year, but they will be able to enter next year as seniors.
The larger issue of whether boys can join dance teams in the state still is yet be litigated in federal district court. The MSHSL could not immediately be reached for comment.
Kaardal said Minnesota is the only state he is aware of that would not allow boys into competitive dance.
