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7th Circuit reverses in girls' basketball discrimination complaint

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The 7th Circuit Court of Appeals issued an opinion Tuesday stating it believes the appellants in a discrimination claim have presented a genuine question of fact that merits further review.

In Amber Parker, et. al., v. Franklin Community School Corporation, et. al., No. 10-3595, Amber Parker – a former varsity girls’ basketball coach at Franklin County High School – filed the complaint against 14 Indiana public school corporations. Parker, whose daughter played on the Franklin team, claimed that the practice of holding boys’ games primarily on weekends and girls’ games primarily on weeknights was discriminatory.

During the 2009-2010 season, nearly 95 percent of the Franklin boys’ varsity games were played during “primetime” – nights that do not precede school days. In that same season, only 53 percent of girls’ games occurred during primetime. Parker’s complaint stated that because girls’ teams are relegated to weeknight play, the players have trouble keeping up with homework obligations, are less likely to have fan support, and generally feel that their accomplishments are less important than the boys’ teams.

The 7th Circuit agreed that Parker’s complaint may be actionable under Title IX of the Education Requirements of 1972, 20 U.S.C. Section 1681(a). It therefore vacated the entry of summary judgment in favor of the defendants that had been issued by the U.S. District Court, Southern District of Indiana, Indianapolis Division. It further vacated the District Court’s dismissal of the plaintiffs’ equal protection claim pursuant to 42 U.S.C. Section 1983, on the basis of sovereign immunity, and remanded for proceedings consistent with its opinion.

 

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  1. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  2. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  3. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  4. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  5. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

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