290
Opinion of the Court
schools themselves are state actors subject to suit under § 1983 and Title IX of the Education Amendments of 1972. Pp. 303-305.
180 F. 3d 758, reversed and remanded.
Souter, J., delivered the opinion of the Court, in which Stevens, O'Connor, Ginsburg, and Breyer, JJ., joined. Thomas, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia and Kennedy, JJ., joined, post, p. 305.
James F. Blumstein argued the cause for petitioner. With him on the briefs were H. Lee Barfield II and G. Thomas Nebel.
Deputy Solicitor General Underwood argued the cause for the United States as amicus curiae urging reversal. With her on the brief were Solicitor General Waxman, Acting Assistant Attorney General Lee, Irving L. Gornstein, Dennis J. Dimsey, and Gregory B. Friel.
Richard L. Colbert argued the cause and filed a brief for respondents.*
Justice Souter delivered the opinion of the Court. The issue is whether a statewide association incorporated to regulate interscholastic athletic competition among public and private secondary schools may be regarded as engaging in state action when it enforces a rule against a member school. The association in question here includes most public schools located within the State, acts through their representatives, draws its officers from them, is largely funded
*Briefs of amici curiae urging reversal were filed for the National Women's Law Center et al. by Marcia D. Greenberger, Barbara A. Burr, and Neena K. Chaudhry; for the Southeast Law Institute by A. Eric Johnston; and for the Tennessee Lawyers' Association for Women by Linda Carver Whitlow Knight.
Briefs of amici curiae urging affirmance were filed for the Florida High School Activities Association, Inc., by Leonard E. Ireland, Jr.; for the Interscholastic Associations by Wayne F. Plaza, Daniel M. Noland, Mallory V. Mayse, and Edmund J. Sikorski, Jr.; and for the Kentucky High School Athletic Association by Danny C. Reeves and David A. French.
David A. Wilson, John C. Bonifaz, and Brenda Wright filed a brief for the National Voting Rights Institute as amicus curiae.
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