10th Circ. Grants Class Certification in Challenge to School District’s Refusal to Create All-Girls Football Team | Law.com

A U.S. Court of Appeals for the Tenth Circuit opinion held that a district court judge erred in its denial of class certification to a group of parents who sued alleging Title IX and 14th Amendment violations over the refusal of local officials to create a separate football league for high-school girls.

According to the opinion, the parents of a group of high-school girls sued seeking class certification under Title IX of the educational amendments of 1972 and the 14th Amendment’s equal protection clause. The U.S. District Court for the District of Utah did certify a class on the equal protection claims, but denied certification on the Title IX claims. At a bench trial, the district court found no constitutional violation.

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