nd the Equal Protection Clause of the Fourteenth Amendment. They contend that MHSAA has violated the rights of girls in the school system by refusing to sanction additional sports for high school girls, requiring girls to play certain sports in non-traditional seasons (which reduces participation opportunities for high school girls by shortening playing seasons, thereby making it impossible to participate in club competitions and all-star competitions involving players from other states, and negatively affecting their chances of being recruited for collegiate-level sports programs), and providing inferior practice and playing facilities for post-season tournaments held in certain girls sports. MHSAA moved for summary judgment, arguing that: (1) it is not subject to Title IX because it does not receive federal funds; (2) it is not a state actor subject to the Constitution; (3) the individual defendants cannot be sued in their official capacities; and (4) plaintiffs do not have standing to bring this case. [18] The United States Department of Justice filed an amicus brief in opposition to the defendants' motions, arguing that (1) MHSAA, by assuming controlling authority over interscholastic athletics from member schools which receive federal funds, is subject to Title IX; (2) in Michigan the regulation of interscholastic athletics is a function reserved to the state, and MHSAA is therefore considered a state actor; (3) individual defendants may be sued in their official capacities because they exercise administrative control over MHSAA; and (4) the court has already found standing. [18]On January 21, 2000, the court denied the defendants' motions to dismiss, finding that MHSAA was a state actor and finding the question of whether MHSAA had in fact assumed controlling authority over interscholastic athletics from member schools to merit the court's further consideration. On September 7, 2000, the court granted the United States' motion to...
