Level playing field or striking out equality?
For over 100 years, the Indiana High School Athletic Association (IHSAA) has been striving to maximize opportunities for students to engage in “transformative relationships with coaches and teammates in which their character and emotional maturity is developed to empower them to be effective in life.” But has the IHSAA struck out in trying to achieve this goal?
In its 2024 By-Laws, the IHSAA reserves two seats on its Board of Directors for “qualified female representatives” and two seats for “qualified minorities.” Far from creating a level playing field, these race- and sex-based requirements keep prospective candidates on the bench—they are barred from nomination for these four seats, regardless of their other skills, qualifications, or attributes. 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. For this reason, Pacific Legal Foundation and our allies at the Equal Protection Project recently sent the IHSAA a letter, asking it to reconsider its use of race- and sex-based quotas.
Unfortunately, the IHSAA is not alone in its desire to “balance” its key players—public boards across the country are choosing members of boards and commissions on the basis of race and sex. But PLF is not staying on the sidelines—we are actively litigating cases and working with legislators as part of our initiative to end discrimination on government boards.
True empowerment is achieved when people are treated as individuals. Race- and sex-based quotas patronize the qualified and undermine the ability of citizens to serve their communities. Indeed, Indiana has taken a stand against discriminatory policies. Just last week, Governor Braun signed into law SB 289, which targets “unlawful discrimination” in education, public employment, and licensure. It prohibits public institutions from taking actions based on an individual’s “personal characteristic,” such as race, religion, color, and sex. This is a great step toward ensuring that all Hoosiers are treated equally under the law—the IHSAA should follow suit and get back to the basics and to the Constitution.
