Case Particulars

Tribunal

N/A

Date Filed

May 14, 2025

Docket No.

N/A

Case Status

Letter to Indiana High School Athletic Association Delivered

Case Overview

On May 14, 2025, the Pacific Legal Foundation (PLF) and the Equal Protection Project (EPP) sent a letter to the Board of Directors of the Indiana High School Athletic Association (IHSAA) and stated the following:

We have learned that IHSAA reserves two seats on its Board of Directors for ‘qualified female representatives’ and two seats for ‘qualified minorities,’ who must not be a white male or female. Per IHSAA’s By-Laws, individuals who do not meet these race- and sex-based requirements are barred from nomination for these four seats, regardless of their other skills, qualifications, or attributes. In other words, the IHSAA By-Laws maintain race- and sex-based quotas for its Board of Directors.

 

No one should be denied the opportunity to serve on a public board due to their race or sex. Our Constitution and civil rights law demand that individuals be judged on their character, qualifications, and achievements, not on characteristics they cannot control.

The Letter then explained the legal reasoning and current trends concerning “race- and sex-based quotas”:

IHSAA has a constitutional duty to treat all Board of Director nominees equally under the law. In its landmark Students for Fair Admissions decision, the Supreme Court held that policies that treat some individuals differently based on their race are only legal in two specific circumstances: ‘remediating specific, identified instances of past discrimination that violated the Constitution or a statute, or avoiding imminent and serious risks to human safety in prisons, such as a race riot.’ Neither applies to IHSAA’s quota for ‘qualified minorities’ who wish to serve on its Board of Directors. This high bar also calls into question IHSAA’s set-aside for female-only Board seats.

 

Courts and legislatures across the country are striking down laws and policies that place race- and sex-based limits on who may serve their communities on public boards and commissions. Iowa recently outlawed such quotas statewide after a federal court struck down a gender quota for a state judicial nominating commission. Arkansas, Montana, and Tennessee recently abolished racial quotas for all boards and commissions in those states. Federal courts are currently considering challenges brought by attorneys from Pacific Legal Foundation to race- and sex-based quotas on public boards and commissions in Louisiana, Minnesota, South Carolina, West Virginia, and Alabama.

The Letter then explained the practical effect of IHSAA’s policy:

Race- and sex-based quotas like those used by IHSAA perpetuate stereotypes, patronize the qualified, and undermine the ability of other qualified citizens to serve their communities. We strongly urge this Board to reconsider its use of these unconstitutional quotas.

 

Given the grave constitutional concerns at issue, please let us know by May 30, 2025, whether IHSAA intends on amending its criteria for its Board of Directors so that race and/or sex will no longer be factors for eligibility in the future.