U.S. Justice Department Joins Missouri Lawsuit Against MSHSAA Over Diversity Policy

Jefferson City, Mo. (KFMO) - The U.S. Justice Department has joined Missouri’s discrimination lawsuit against the Missouri State High School Activities Association, adding federal support to the legal challenge over the organization’s diversity policy.

The lawsuit was filed in February by Missouri Attorney General Catherine Hanaway after her office launched an investigation into MSHSAA’s board selection rules. The state argues the organization violated the Equal Protection Clause of the Fourteenth Amendment by discriminating against Merlyn Johnson.

Johnson alleges he was prevented from seeking an at-large seat on the MSHSAA Board of Directors because he is a white male.

The Justice Department contends MSHSAA functions as a state entity and does not have a compelling legal justification for using race- or sex-based qualifications for board membership. Federal officials argue those requirements violate constitutional protections.

Assistant U.S. Attorney General Harmeet Dhillon, with the Justice Department’s Civil Rights Division, says racial and sexual quotas are illegal and harmful when they exclude qualified candidates from public service.

MSHSAA is defending the policy and says it was created through a member-driven democratic process. The organization says it is a voluntary nonprofit association made up of more than 700 member schools that choose each year to affiliate.

MSHSAA says member schools voted more than two decades ago to create two at-large board positions to strengthen governance and better reflect the students and school communities the association serves.

Under the organization’s constitution, the two at-large positions are to be filled by candidates representing either the underrepresented gender of the current board or an underrepresented ethnicity. MSHSAA says the rule is designed to adapt to the changing makeup of the board and ensure missing perspectives can be included.

The organization also argues the policy does not block qualified candidates from serving because all eligible individuals may still seek one of the eight geographically elected board seats, which make up the majority of the board.

The lawsuit comes as Missouri lawmakers are also considering changes to MSHSAA’s structure. A bill now being considered in the Missouri Legislature would replace the association’s current leadership with a board appointed by the governor.

The legal challenge and legislative proposal could both play a major role in determining the future of MSHSAA governance and representation policies.