Original jurisdiction in case of Commonwealth of Pennsylvania, by Israel Packel, Attorney General, v. Pennsylvania Interscholastic Athletic Association.
Kathleen Herzog Larkin, Deputy Attorney General, with her Lawrence Silver, Deputy Attorney General, and Israel Packel, Attorney General, for plaintiff.
William M. Young, Jr., with him W. Douglas Brown, Rod J. Pera, and McNees, Wallace & Nurick, for defendants.
Hubert Thurschwell, for amicus curiae, American Civil Liberties Union -- Greater Philadelphia Branch.
Charles Potash, Solicitor, with him Wisler, Pearlstine, Talone, Craig & Garrity, for amicus curiae, Lower Merion School District.
Harriet N. Katz, with her Barbara A. Brown and Ann E. Freedman, for amicus curiae, Pennsylvania National Organization for Women.
Stephen C. Miller, with him Sylvia Meek, for amicus curiae, Education Law Center.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Rogers and Blatt. Judge Mencer did not participate. Opinion by Judge Blatt. Dissenting Opinion by President Judge Bowman.
On November 13, 1973 the Commonwealth of Pennsylvania, acting through its Attorney General initiated suit against the Pennsylvania Interscholastic Athletic Association (PIAA) by filing a complaint in equity in this Court. The PIAA is a voluntary unincorporated association whose members include every public senior high school in this Commonwealth, except for those in Philadelphia. It also includes some public junior high schools as well as some private schools. The PIAA regulates interscholastic competition among its members in the following sports: football, cross-country, basketball, wrestling, soccer, baseball, field hockey, lacrosse, gymnastics, swimming, volleyball, golf, tennis, track, softball, archery and badminton.
The complaint here specifically challenges the constitutionality of Article XIX, Section 3B of the PIAA By-Laws which states: "Girls shall not compete or practice against boys in any athletic contest." The Commonwealth asserts that this provision violates both the equal protection clause of the Fourteenth Amendment to the United States Constitution and also Article I, Section 28*fn1 of the Pennsylvania Constitution, the so-called Equal Rights Amendment (ERA), in that it denies to female student athletes the same opportunities which are available to males to practice for and compete in interscholastic sports.*fn2
The PIAA filed an answer and subsequently an amended answer, accompanied by new matter, to which the Commonwealth filed a responsive pleading. On May 28, 1974 the Commonwealth filed a motion for summary judgment under Rule 1035 of the Pennsylvania ...