The U.S. Justice Department has joined the state’s discrimination lawsuit filed against the Missouri State High School Activities Association (MSHSAA).
After launching an investigation, the Missouri Attorney General’s Office filed a lawsuit in February over the organization’s diversity policy. Missouri Attorney General Catherine Hanaway filed the state’s lawsuit, accusing MSHSAA of violating the Equal Protection Clause of the Fourteenth Amendment, by discriminating against Johnson.
Merlyn Johnson, who is white, sued the organization, accusing it of disqualifying him for an at-large board member seat because of his race and gender.
DOJ argues the Missouri State High School Activities Association is a state entity that lacks a compelling interest in having a diverse board of directors. Assistant U.S. Attorney General Harmeet Dhillon of the DOJ’s Civil Rights Division calls racial and sexual quotas offensive demeaning, and illegal and are harmful when they exclude qualified candidates from public service.
In response to Hanaway’s investigation, MSHSAA provided a public statement.
“MSHSAA is a voluntary nonprofit association composed of more than 700 member schools that choose each year to affiliate with the organization. These member schools adopt and amend the MSHSAA Constitution through a statewide democratic process. More than two decades ago, member schools voted to create two at-large board positions designed to support strong governance and better reflect the students and school communities MSHSAA serves,” the statement said.
MSHSAA stated under Article IV on Page 21:
“Each of two at-large positions shall be filled by a candidate representing the underrepresented gender of the current Board, or an underrepresented ethnicity. At-large members of the Board of Directors shall meet the same qualifications as described in number 1 above,” the statement said.
“This provision adapts to the Board’s changing composition, ensuring that perspectives which may be missing at a given time can be included. The provision expands access rather than restricts it. All qualified individuals remain fully eligible to serve through the eight geographically elected seats that make up the majority of the Board. The at-large positions simply provide another avenue for service within a longstanding, member-driven governance structure,” the statement continued.
Meanwhile, the Missouri Legislature is considering a bill that would replace Missouri High School Athletic Association’s leadership with a governor-appointed board.
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