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A state appeals court on Thursday rejected a lawsuit by a boy who wanted to compete on his high school's girls' gymnastics team.
The District 4 Court of Appeals upheld a judge's dismissal of Keith Michael Bukowski's lawsuit against the Wisconsin Interscholastic Athletic Association, which has a rule prohibiting boys from competing in girls' sports.
Bukowski filed the lawsuit as a junior at Stevens Point Area High School in 2004. He argued the WIAA rule preventing him from trying out for and competing on the girl's gymnastics team discriminated against him because his school did not have a boys' team.
Bukowski argued that the rule violated the equal protection clause of the U.S. Constitution as well as a federal law known as Title IX, which was meant to prohibit sex discrimination in sports.
In a 3-0 ruling, the court said Bukowski failed to show that WIAA, a nonprofit organization of public and private high schools that sets rules for sports competition, could be sued under either argument.
Bukowski didn't prove WIAA was an arm of the state that could be sued for the constitutional violation or that it received federal funding as required in a Title IX claim, the court said. The ruling backed a Portage County judge who came to a similar conclusion.
Courts have previously ruled that letting boys compete on girls' teams jeopardizes opportunities for girls. But Bukowski, who had competed in gymnastics at a local YMCA, argued the case was similar to recent examples of girls who were allowed to compete on boys' teams in football and wrestling.
Hundreds of students at his high school signed a petition backing his efforts in 2004 but courts rejected his attempts for a faster ruling that would have allowed him to compete.
Bukowski graduated earlier this year.
Principal Mike Devine said the school does not have a boys' team because of lack of interest and it was following the WIAA rule in refusing to allow Bukowski on the girls' team. He said the school recently hired Bukowski as an assistant coach for the girls' gymnastics team.
http://www.netscape.com/viewstory/2006/11/30/no-boys-on-girls-gymnastics-team/?url=http%3A%2F%2Fnews.yahoo.com%2Fs%2Fap%2F20061130%2Fap_on_sp_ot%2Fgym_gymnastics_gender&frame=true
The District 4 Court of Appeals upheld a judge's dismissal of Keith Michael Bukowski's lawsuit against the Wisconsin Interscholastic Athletic Association, which has a rule prohibiting boys from competing in girls' sports.
Bukowski filed the lawsuit as a junior at Stevens Point Area High School in 2004. He argued the WIAA rule preventing him from trying out for and competing on the girl's gymnastics team discriminated against him because his school did not have a boys' team.
Bukowski argued that the rule violated the equal protection clause of the U.S. Constitution as well as a federal law known as Title IX, which was meant to prohibit sex discrimination in sports.
In a 3-0 ruling, the court said Bukowski failed to show that WIAA, a nonprofit organization of public and private high schools that sets rules for sports competition, could be sued under either argument.
Bukowski didn't prove WIAA was an arm of the state that could be sued for the constitutional violation or that it received federal funding as required in a Title IX claim, the court said. The ruling backed a Portage County judge who came to a similar conclusion.
Courts have previously ruled that letting boys compete on girls' teams jeopardizes opportunities for girls. But Bukowski, who had competed in gymnastics at a local YMCA, argued the case was similar to recent examples of girls who were allowed to compete on boys' teams in football and wrestling.
Hundreds of students at his high school signed a petition backing his efforts in 2004 but courts rejected his attempts for a faster ruling that would have allowed him to compete.
Bukowski graduated earlier this year.
Principal Mike Devine said the school does not have a boys' team because of lack of interest and it was following the WIAA rule in refusing to allow Bukowski on the girls' team. He said the school recently hired Bukowski as an assistant coach for the girls' gymnastics team.
http://www.netscape.com/viewstory/2006/11/30/no-boys-on-girls-gymnastics-team/?url=http%3A%2F%2Fnews.yahoo.com%2Fs%2Fap%2F20061130%2Fap_on_sp_ot%2Fgym_gymnastics_gender&frame=true
