Feds seeks to intervene in lawsuit against MSHSAA over board eligibility rules

By Kyle Troutman [email protected]

The U.S. Attorney General’s office has moved to intervene in a federal lawsuit — brought by Cassville Superintendent Merlyn Johnson and Missouri Attorney General Catherine Hanaway — challenging eligibility rules used by the Missouri State High School Activities Association Board of Directors, arguing the policies violate constitutional protections by classifying candidates based on race and sex.

The motion, filed April 2 in the U.S. District Court for the Eastern District of Missouri, seeks permission for the federal government to join an existing case brought by the State of Missouri and Johnson.

According to the filing, the lawsuit centers on MSHSAA rules governing two at-large seats on its 10-member Board of Directors. Those rules require candidates for the at-large positions to represent “the under-represented gender of the current Board, or an under-represented ethnicity.”

Johnson, who was nominated for an at-large seat in 2025, met all other eligibility requirements but was rejected as a candidate. According to the filing, since Johnson is a male, he was not eligible to be a candidate for the at-large board position because males already constituted a majority of the Board.

The filing states Johnson is a Caucasian, non-Hispanic male, and that his candidacy was disqualified on that basis.

The U.S. Attorney General’s office argues the case involves significant violations of the U.S. Constitution and qualifies as a matter of general public importance, allowing federal intervention under the Civil Rights Act of 1964.

“Whenever an action has been commenced in any court of the United States seeking relief from the denial of equal protection of the laws under the fourteenth amendment to the Constitution on account of race, color, religion, sex or national origin, the Attorney General for or in the name of the United States may intervene in such action upon timely application if the Attorney General certifies that the case is of general public importance,” the filing said.

The federal government contends it has both a statutory right and a vested interest in intervening, citing its role in enforcing constitutional protections.

The lawsuit alleges MSHSAA’s policies violate the Equal Protection Clause of the Fourteenth Amendment by conditioning eligibility for board seats on race and sex. It also claims violations under multiple federal statutes, including 42 U.S.C. §§ 1981 and 1983.

According to court documents, MSHSAA is a non-profit association made up of hundreds of Missouri public and private schools, responsible for regulating interscholastic activities. Its Board of Directors includes eight district representatives and two at-large members elected by member schools.

The association defended its policy in communications referenced in the filing, stating the at-large provisions are intended to promote inclusivity and broader representation.

“The constitutional language related to at-large board positions is deliberately designed to promote inclusivity while avoiding any form of exclusion or rigid identity-based quotas,” the fliing said. “It expands access, rather than restricts it.”

MSHSAA further argued the policy functions similarly to geographic representation rules and does not prevent individuals from running for district-based seats.

“Any individual, regardless of gender or ethnicity, is free to run for a seat on the board from their respective board district,” the filing said.

The association also asserted that even if the policy is considered discriminatory, it meets legal standards.

“Ensuring inclusive representation on a statewide regulatory board that impacts 720 public and private school communities is a legitimate and compelling interest,” the filing said.

The U.S. Attorney General’s office disputes that claim, arguing the policy constitutes unconstitutional discrimination and is not narrowly tailored.

“By conditioning eligibility for seats on its governing Board on the candidates’ race and sex, MSHSAA has engaged in systematic unconstitutional race and sex-based discrimination and violated the Fourteenth Amendment’s Equal Protection Clause,” the filing said.

The federal filing also argues that the outcome of the case could affect not only Johnson, but other potential candidates who may face similar restrictions.

The original lawsuit, filed Feb. 4, seeks declaratory and injunctive relief, as well as damages and attorney fees. The United States similarly seeks a court order declaring the policies unconstitutional and prohibiting MSHSAA from enforcing race- and sex-based eligibility requirements for board positions.

If granted, the motion would allow the federal government to participate directly in the case alongside the existing plaintiffs.

The filing is signed by former U.S. Attorney General Pamela Bondi, who was fired by President Donald Trump on April 2. Deputy Attorney General Todd Blanche is acting as interim Attorney General.