183077P.pdf   03/06/2019  D.M.  v.  MN State High School League
   U.S. Court of Appeals Case No:  18-3077
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Melloy, Author, with Loken and Erickson, Circuit Judges] 
   Civil case - Title IX. In action by two boys alleging the defendants 
   violated their rights under the Equal Protection Clause of the 14th 
   Amendment and under Title IX of the Education Amendments of 1972 by 
   prohibiting them from participating in high school competitive dance 
   teams, the district court erred in denying the boys' motion for a 
   preliminary injunction; in determining whether the boys were likely to 
   prevail on the merits, the district court erred in applying the 
   heightened, likely-to-prevail standard and should have reviewed the 
   questions under the fair-chance-of-prevailing standard; while girls 
   historically have been underrepresented in high school athletics, over the 
   past five years, the representation of girls in Minnesota high schools is 
   almost directly proportional to their enrollment; the defendant has not 
   shown, therefore, that the underlying problem it sought to remedy by 
   creating all-girl teams - underrepresentation of girls in athletics - 
   continues to exist in Minnesota; without a problem to remedy, the 
   defendant cannot prohibit the boys' participation on girls' team without 
   some exceedingly persuasive justification for doing so, and none has been 
   offered; as a result, the boys have a more than fair chance of prevailing 
   on their claim and, as they had established all of the other Dataphase 
   factors, they were entitled to a preliminary injunction.