His school’s dance team won the state championship this fall.
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In an effort to comply with its interpretation of Title IX, the South Dakota High School Activities Association (SDHSAA) established competitive dance as a “female-only” sport—with no corresponding “male-only” team. Freddie could still be a part of the team, but only as the team manager, not a dancer.
The Constitution guarantees equal protection before the law. Not content to watch such blatant discrimination sideline her son, Stephanie decided to help Freddie stand up to the SDHSAA.
That’s when she came across Pacific Legal Foundation.
PLF represented Freddie free of charge and in April 2018, filed suit in federal district court on behalf of Freddie, arguing the “female-only” designation for competitive dance violates the Constitution’s Equal Protection Clause.
Less than a month later, in response to PLF’s lawsuit, the SDHSAA suspended the rule and allowed Freddie to dance in the upcoming school year, while they consider making the rule permanent.
Freddie has since tried out for his high school’s dance team. He not only made the team, but earned the highest score of all who tried out.
The Constitution guarantees the right to equal protection of the laws and prohibits sex-based discrimination.
The South Dakota rules violate the Equal Protection Clause because banning boys from competitive dance neither remedies past discrimination, nor furthers any other important objective.
With PLF by his side, Freddie vindicated his right to equal treatment regardless of his gender—and ensured that any boy in South Dakota who wants to compete in high school dance can do so.
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A news release from Pacific Legal Foundation said the South Dakota High School Activities Association "in a misguided effort to comply with federal Title IX requirements" set competitive dance as a female-only sport, with no corresponding male-only team.
Linden's attorney, Joshua Thompson of the Pacific Legal Foundation, says the group hopes the policy will be permanently rescinded.
Linden is represented by the Pacific Legal Foundation in Sacramento, Calif., and the Meierhenry Sargent law firm in Sioux Falls.
The move allows Freddie Linden to join his school's dance team. Linden is a freshman at Dakota Valley High School in North Sioux City, South Dakota. ... Joshua Thompson of the Pacific Legal
The move allows Freddie Linden to join his school's dance team. Linden is a freshman at Dakota Valley High School in North Sioux City, South Dakota. He and his mother sued the activities association last month when he was barred from joining the girls' team.
Linden began dancing at the age of 7, according to the lawsuit. His mother, Stephanie, recognized that he had talent and when he turned 9, she rented an apartment in Los Angeles where he trained extensively, often with adults and older children.
After two years, he moved back to South Dakota and continued to take private lessons at a studio in McCook Lake, South Dakota. After he was told he could not dance on the high school team, Linden became the team manager. The Pacific Legal Foundation, based in Sacramento, California, filed the lawsuit along with a Sioux Falls law firm.
Linden's attorney, Joshua Thompson of the Pacific Legal Foundation, says the group hopes the policy will be permanently rescinded. Highway patrol: Traffic fatalities on the rise in South Dakota