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A divided federal appeals court on Tuesday reinstated a lawsuit alleging that Michigan State University violated a federal anti–sex discrimination law when it eliminated its women’s swimming and diving team in 2020.

The U.S. Court of Appeals for the Sixth Circuit issued a 2-to-1 ruling Tuesday, sending the lawsuit back to the district court.

Members of the women’s swimming and diving program initially sued in early 2021 and sought a preliminary injunction to prevent the dissolution of the team, arguing that Michigan State failed to provide female athletes with equal athletic opportunities, as required by Title IX of the Education Amendments of 1972.

Michigan State announced the elimination of both the men’s and women’s swimming and diving programs in October 2020, citing “a financial crisis unlike any we’ve ever seen in college athletics.” Despite citing financial concerns for the athletic department in its decision to cut those programs in 2020, the university recently signed its head football coach to a $95 million deal.