5 civil rights organizations join Title IX lawsuit in support of Sioux Falls gymnastics

A handful of civil rights organizations moved to file an amicus brief Wednesday night in support of 12 gymnasts, who have sued the Sioux Falls School District over its decision to cut the gymnastics program from its budget and sports offerings earlier this school year.

The brief stems from the lawsuit and Title IX complaint the school district is facing for its decision. While the gymnastics season has continued this school year because of a preliminary injunction from a South Dakota judge, the district is waiting for a ruling after seeking to appeal that decision in the Eighth Circuit Court of Appeals.

A Better Balance, the California Women’s Law Center, Equal Rights Advocates, Legal Aid at Work and the Women’s Sports Foundation advise and represent girls and women with Title IX athletics claims, have a unique understanding of the purpose and role of Title IX athletics laws, and are committed to advancing gender equality, according to their brief.

On Jan. 5, lawyers for the school district communicated that they don’t consent to the filing of the brief, according to court documents.

More: Gymnastics supporters urge appeals court to uphold South Dakota court order to keep sport

In their brief, the civil rights organizations stated Title IX enforcement and compliance is critical to ensuring equal access to the substantial lifelong benefits of participation in sports; that high school sports improve girls’ academic performance, career achievement and health outcomes; and, that the benefits of high school sports are enhanced for girls and women of color.

The organizations also reference the three-part Title IX participation test from the U.S. Department of Education’s Office of Civil Rights that has been hotly debated throughout this lawsuit process. The groups argued that it does apply at the high school level, contrary to what the district and other organizations have argued.

They also argued the South Dakota court correctly found the school district failed to meet parts one and two of the test, which look at proportionality and a history and continuing practice of program expansion for girls, and correctly considered part three, which looks at accommodating the underrepresented sex.

The district failed part one because the district’s 7.6% variance between girls’ enrollment and girls’ participation amounted to 441 girls who could play if there was substantial proportionality, the organizations argued in their brief.

Regarding part two, the district’s elimination of a viable girls’ team with vibrant interest and ability shows failure to comply with part two, the organizations argued in their brief.

The civil rights organizations’ filing of this brief follows the filing of another amicus brief earlier this month from the American Sports Council and the Pacific Legal Foundation

More: Appeals court to review arguments by 2 legal groups in Sioux Falls gymnastics case

PLF is a national public interest law firm focused on fighting government overreach and abuse, while ASC is "the leading organization working for reform of Title IX regulations that have led to the widespread elimination of opportunities for male athletes," according to its website.

The two legal groups asked the appeals court not to affirm the South Dakota court’s decision and stated their concern lies in the district court’s holding that a lack of substantial proportionality between the ratio of male and female student-athletes in a school district compared with the ratio of male and female students enrolled in the district is sufficient to warrant a Title IX violation.

The Sioux Falls School District’s counsel consented to the filing of the proposed amicus brief from PLF and ASC, while the plaintiffs who supported the gymnastics team did not.

The gymnastics supporters argued Jan. 2 that PLF and ASC’s assertions are based outside the record on appeal, that the groups misread the South Dakota court’s opinion and that the two legal groups had a flawed and cursory summary of the district court’s entire opinion and the evidence presented to it.

This article originally appeared on Sioux Falls Argus Leader: Civil rights groups support Sioux Falls gymnasts in Title IX lawsuit