Several opposing teams complained to the New Jersey State Athletic Association (NJSAA) about this, indicating that if C.C.
(193) The court articulated that "sex-based classification can withstand constitutional challenge under the Fourteenth Amendment where the actual purpose of the discrimination is to compensate for past discrimination." (194) Using that criteria, the court ruled that the NJSAA ban did act to prevent "males from dominating and displacing females from meaningful participation in available athletic opportunities." (195) The court finally concluded, "The governmental interest in promoting equality of athletic opportunities is advanced by the exclusion of C.C.'s participation on the girls' field hockey team." (196)
The ALJ had decided initially that "although incidental contact may occur, field hockey is not a contact sport." (197) The NJSAA Commissioner specifically rejected this conclusion, noting that the presence of incidental contact was enough to characterize field hockey as a contact sport, especially if boys were to play due to the "physiological differences between boys and girls." (198) The court acquiesced with the Commissioner's characterization.