Missouri’s attorney general has filed a federal lawsuit against the Missouri State High School Activities Association (MSHSAA) claiming the organization uses unconstitutional race- and sex-based quotas to fill its board of directors.
“MSHSAA’s nomination policies and actions are racist and unlawful,” Attorney General Catherine Hanaway said in a release.
“No organization, and certainly not a policymaking entity in charge of our children’s activities, will be allowed to defy and ignore federal anti-discrimination laws.
“MSHSAA should return to the values in its own mission statement and focus on personal excellence, positive contributions to one’s community and the democratic principles of our state and nation when selecting board members.”
The complaint was filed in U.S. District Court for the Eastern District of Missouri on Wednesday, the same day MSHSAA celebrated its 100th anniversary.
🚨 BREAKING: Today, we filed suit against MSHSAA for its racist and unlawful management policies.In the Show-Me State, no organization, certainly not a policymaking entity in charge of children’s activities, will be allowed to defy and ignore federal anti-discrimination laws. pic.twitter.com/NynuuUeEC4— Attorney General Catherine L. Hanaway (@AGCHanaway) February 4, 2026
The legal battle began after State Auditor Scott Fitzpatrick alerted the Attorney General’s Office to a whistleblower complaint from Dr. Merlyn Johnson, the Superintendent of Cassville R-IV School District.
Johnson, a white male, was informed he wasn’t eligible to run for a 2025 at-large board seat solely because of his race and gender, despite having professional qualifications for the job.
“Any organization taking taxpayer money ought to know the rules — and follow them,” Fitzpatrick said.
“When the whistle blows, fairness and the law come first. I’m proud to work with Attorney General Hanaway to ensure MSHSAA plays by the rules. Our students deserve a level playing field — and we’re going to make sure they get one.”
The suit is calling MSHSAA’s mandate “outright racial balancing,” which was deemed “patently unconstitutional” by the U.S. Supreme court in a landmark ruling.
MSHSAA sent out a press release Thursday disagreeing with the AG’s claims.
“This action raises serious concerns about governmental overreach and the precedent it would set for all private, voluntary organizations across Missouri.
“Allowing the state to restructure the leadership criteria of a private nonprofit organization it did not create, fund or control would mark a significant expansion of state authority into areas historically governed by local schools and private associations.”
MSHSAA previously defended its policy to the state auditor as a “deliberately designed” effort to ensure “inclusive representation.”
Proud to be leading this lawsuit for @AGCHanaway. We will not tolerate any form of racial discrimination in Missouri—even if it’s branded as DEI or affirmative action. Here, MSHSAA openly refused to consider someone for a board seat because of their race. That’s illegal. Period. https://t.co/aZQm9uaEvm— Louis Capozzi (@CitizenCapozzi) February 4, 2026
“We will not tolerate any form of racial discrimination in Missouri — even if it’s branded as DEI or affirmative action,” Solicitor General Louis Capozzi said on X.
“MSHSAA openly refused to consider someone for a board seat because of their race. That’s illegal. Period.”
In addition to the federal lawsuit, MSHSAA faces a significant challenge in the Missouri Legislature through Senate Bill 863 and House Bill 2278.
The legislation restructures high school sports by placing a governor-appointed board of directors in charge of any activities association including public schools. The new board will operate within the Department of Elementary and Secondary Education (DESE).
MSHSAA leadership called the legislation an “attack.”
“Our association, as we know it, is under attack from our state legislature,” MSHSAA Executive Director Dr. Jennifer Rukstad said in a video on Wednesday. “It’s time to fight for the future of high school sports and activities in our state.”
Missouri Gov. Mike Kehoe gave his support for the two bills during his State of the State address.
“This reform is about good governance, consistent standards and ensuring that decisions impacting Missouri students and funded by Missouri taxpayers are made openly, fairly and responsibly. Unelected bureaucrats cannot act like kings,” Kehoe said.
