EPP Demands Indiana High School Athletic Association Drop Board DEI Quotas

EPP Demands Indiana High School Athletic Association Drop Board DEI Quotas

The Indiana High School Athletic Association (IHSAA) is a quasi-governmental organization that regulates high school sports at over 400 member schools.

IHSAA’s Board of Directors, however, has a quota system for Board positions, set forth in the Bylaws, which provides, among other things (emphasis added):

Section 3.

Board of Directors a. The Board of Directors shall be comprised of nineteen board seats. Twelve board seats shall be filled by any qualified individual (open seats), and seven board seats shall be filled by Two (2) qualified female representatives, Two (2) qualified minorities, Two (2) qualified urban school representatives and one qualified Private School representative….

Race- and sex-based Board of Directors set-asides have been succesfully challenged in numerous court cases. The Equal Protection Project (EqualProtect.org) joined forces with Pacific Legal Foundation, which has substantial experience in such litigations, to demand that IHSAA remove these Board DEI quotas.

The Letter sent to IHSAA on May 14, 2025, provides, among other things:

We are attorneys with the Pacific Legal Foundation and the Equal Protection Project, two public interest legal organizations that seek to dismantle unconstitutional barriers to opportunity and ensure that the law treats everyone equally regardless of race, gender, ethnicity, or national origin. As part of this work, our organizations litigate in support of the Fourteenth Amendment’s guarantee of equal treatment under the law. This guarantee must be upheld not only by government actors, but by organizations who act as a governmental entity by exercising a governmental function, like the Indiana High School Athletic Association (IHSAA).

We have learned that IHSAA reserves two seats on its Board of Directors for “qualified female representatives” and two seats for “qualified minorities,” who must not be a white male or female.1 Per IHSAA’s By-Laws, individuals who do not meet these race- and sex-based requirements are barred from nomination for these four seats,2 regardless of their other skills, qualifications, or attributes. In other words, the IHSAA By-Laws maintain race- and sex-based quotas for its Board of Directors.

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.
IHSAA has a constitutional duty to treat all Board of Director nominees equally under the law….

Courts and legislatures across the country are striking down laws and policies that place race- and sex-based limits on who may serve their communities on public boards and commissions. Iowa recently outlawed such quotas statewide after a federal court struck down a gender quota for a state judicial nominating commission. Arkansas, Montana, and Tennessee recently abolished racial quotas for all boards and commissions in those states. Federal courts are currently considering challenges brought by attorneys from Pacific Legal Foundation to race- and sex-based quotas on public boards and commissions in Louisiana, Minnesota, South Carolina, West Virginia, and Alabama.

Race- and sex-based quotas like those used by IHSAA perpetuate stereotypes, patronize the qualified, and undermine the ability of other qualified citizens to serve their communities. We strongly urge this Board to reconsider its use of these unconstitutional quotas.

Given the grave constitutional concerns at issue, please let us know by May 30, 2025, whether IHSAA intends on amending its criteria for its Board of Directors so that race and/or sex will no longer be factors for eligibility in the future.

The Letter was copied to Indiana Attorney General Todd Rokita.

Fox News has covered the story, Indiana high school sports conference facing pressure to end DEI quotas:

A legal firm and an activist group are pressuring the Indiana High School Athletics Association (IHSAA) board of directors, urging it to get rid of two DEI quotas for board members….

Now, the law firm, Pacific Legal Foundation (PLF), and the activist group, Equal Protection Project (EPP), have sent a letter to the IHSAA board of directors, objecting to this criteria and demanding change.

Pacific Legal Foundation attorney Laura D’Agostino condemned the IHSAA’s criteria.

“Public boards should reflect the talents and commitment of all citizens, not arbitrary categories of race or sex. Every individual who wants to step up and serve their community should be encouraged to do so based on what they bring to the table, not held back because of who they are,” D’Agostino told Fox News Digital….

EPP founder William A. Jacobson suggested further legal steps could be taken if the deadline passes with no agreement.

“We hope that IHSAA will do the right thing and voluntarily remedy the discriminatory bylaws provisions, but if it does not, all legal options are on the table,” Jacobson told Fox News Digital.

(added)

I also got a chance to talk about the IHSAA issue with Tony Katz, a national talk show host based in Indianapolis:

(if player does not load, click here)

Reminder: we are a small organization going up against powerful and wealthy government and private institutions devoted to DEI discrimination. Donations are greatly needed and appreciated.

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