Question: Megan is a freshman at her local public high school; her older sister Jenna attends...
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Question: Megan is a freshman at her local public high school; her older sister Jenna attends a nearby private high school. Both girls are angry because their schools prohibit them from joining their respective wrestling teams, where only boys are allowed. The two girls sue based on the U.S. Constitution. Discuss the relevant law and predict the outcomes. Strategy: One girl goes to private and one to public school. Why does that matter? Now ask what provision of the Constitution is involved, and what legal standard it establishes. Result: The Constitution offers protection from the government. A private high school is not part of the government, and Jenna has no constitutional case. Megan's suit is based on the Equal Protection Clause. This is gender discrimination, meaning that Megan's school must convince the court that keeping girls off the team substantially relates to an important government objective. The school will probably argue that wrestling with stronger boys will be dangerous for girls. However, courts are increasingly suspicious of any gender discrimination, and are unlikely to find the school's argument persuasive.
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