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American Sports Council's official reaction to its lawsuit against Dept. of Education being dismissed
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By American Sports Council
03/30/2012

A federal district court has dismissed the American Sports Council's lawsuit against the Department of Education because of standing.

The American Sports Council and the Pacific Legal Foundation filed a lawsuit opposing the use of the “three-part test” for Title IX compliance on the high school level.

Below is the official statement from Eric Pearson, Chairman of the American Sports Council:

"It is unfortunate that the Court refused to hear the merits of our case, American Sports Council v Department of Education. The Court accepted the government's objection to the ASC's standing to bring this case on behalf of current and future high school student athletes. As a result, the Court did not consider our challenge to the legality of the DOE using gender quotas to enforce Title IX at the high school level.

Accordingly, justice has been denied to high school male athletes nationwide who have been and who will continue to be harmed by these unreasonable regulations. But we remain undeterred. The American Sports Council will continue to advocate for reforming Title IX regulations on behalf of the thousands of high school athletes who are denied equal protection under the law because of gender quota enforcement.

The language of the Title IX statute states that no person in the United States shall on the basis of their gender "be excluded from participation in, [or] denied the benefits of participation..." Unfortunately, Title IX's Three-Part Test encourages schools to do just that- deny participation in sports on the basis of gender. The ASC will continue to campaign for reform of Title IX until the regulations are consistent with the language of the law.

The ASC would like to thank the Pacific Legal Foundation for supporting the Title IX reform cause through their pro-bono work on the case.

For blog post with ASC's statement and reaction from Pacific Legal Foundation, who filed the suit on their behalf, click here.
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