Title IX

Author(s):  
Erin E. Buzuvis

Title IX, the federal civil rights law that prohibits sex discrimination in education, is well known for transforming girls’ and women’s sports. Since its early history, Title IX has embraced a system of sex segregation in sports. However, Title IX’s “separate but equal” regime is increasingly being challenged by feminists who argue that it has not done enough to eliminate gender disparities and inequities in sport and is fundamentally incompatible with the inclusion and fair treatment of transgender and nonbinary athletes. The first two sections of this article trace the history of Title IX as it has been applied to sports. The article then canvasses the feminist arguments for and against sex segregation in sports and makes the case that a regime of strict sex separation is no longer the best strategy for assuring girls’ and women’s success in sports and dislodging pernicious stereotypes of women’s inferior athleticism.

1979 ◽  
Vol 49 (4) ◽  
pp. 504-526 ◽  

Title IX of the Education Amendments of 1972 specifically prohibits discrimination on the basis of sex in elementary and secondary schools, colleges, and universities. It states: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance...." Conflict over the formulation and interpretation of the regulation erupted immediately after the passage of Title IX, and its statutory limits continue to be tested, increasingly in the courts, across the country. This interview explores the effects of Title IX and the controversy surrounding its implementation. Five women, each uniquely involved with the short but volatile history of Title IX, discuss its implications and potential for ensuring a more equitable educational system. The interview participants include The Honorable Shirley Chisholm, Democratic Congresswoman from New York; Mary Jolly, Staff Director and Counsel to the Senate Subcommittee on the Constitution chaired by Senator Birch Bayh; Leslie Wolfe, Director of the Women's Educational Equity Act Program, and formerly Special Assistant to the Assistant Secretary for Education, who earlier had been Deputy Director of the Women's Rights Program of the Commission on Civil Rights; Cindy Brown, Principal Deputy Director of the Office for Civil Rights in HEW; and Holly Knox, Director of PEER, the Project on Equal Education Rights of the NOW Legal Defense and Education Fund, and former Legislative Specialist in the United States Office of Education.


2021 ◽  
Vol 31 (2) ◽  
pp. 312-334
Author(s):  
Kelli Rodriguez Currie

This article provides necessary context to adequately engage in a discussion about transgender and nonbinary individuals, including defined terms. It then provides a brief history of Title IX, articulates the requirements for compliance with the statute, and discusses its application to transgender athletes. Next, this article provides an overview of Title VII of The Civil Rights Act of 1964 and the recent statutory analysis of its prohibition on employment discrimination because of sex in Bostock v. Clayton County extends that analysis to the statutory language of Title IX, and summarizes the recent interpretation by the Department of Education applying that analysis to Title IX. The article then discusses the implications of the persistent misgendering of transgender nonbinary athletes and argues that only by allowing all athletes to compete as their true gender will the inclusive goals of Title IX be realized. The article concludes that the requirements for Title IX compliance are not inclusive of transgender nonbinary athletes and contradictory to the prohibition on discrimination on the basis of sex articulated by the statute itself. The article proposes several necessary changes to the language of those requirements for compliance and argues that the Department of Education must make changes in its interpretation toward more inclusive language to truly achieve the goals of Title IX.


Author(s):  
Camille Walsh

Chapter One introduces the early history of taxpayer civil rights litigation against segregated and unequal education from the post-Civil War era until the turn of the twentieth century. In these 19th century cases and opinions, there was a continual assertion of a legal identity as taxpayers by families of color, and this chapter traces the way taxpayer citizenship became linked to the idea of a right to education in these families' arguments and claims, and even occasionally in the judges' opinions. Nonetheless, even the victories in many of these segregation cases were in name only, as plaintiffs of color continued to struggle without adequate remedy after courts granted a superficial nod to their taxpayer claims.


2018 ◽  
Vol 100 (2) ◽  
pp. 8-11
Author(s):  
Elizabeth J. Meyer ◽  
Andrea Somoza-Norton

Title IX coordinators play an essential role in ensuring that schools are free of gender-based harassment and discrimination; however, a recent survey of coordinators in California and Colorado shows that many of them are poorly equipped to do this work. In their study, Elizabeth J. Meyer and Andrea Somoza-Norton found that contact information for Title IX coordinators is often difficult to find, that their job descriptions are too broad and complex, that they receive insufficient training, and that many are unaware of their role in assisting students, especially transgender students. The authors recommend that the Office of Civil Rights, district leaders, school boards, and Title IX coordinators themselves take action to bring clarity to this work.


2002 ◽  
Vol 20 (1) ◽  
pp. 147-151 ◽  
Author(s):  
David B. Wilkins

Susan Carle has given us a fascinating, thoroughly researched, and well-argued examination of the early history of the modern civil rights movement. She frames her inquiry of this rarely investigated period in terms of the tension between the NAACP's litigation tactics during the early part of the twentieth century and the professed ethics of the establishment lawyers who authored and approved these controversial measures. How, she asks, could leading corporate lawyers such as Charles Boston justify authorizing the NAACP's concerted campaign to solicit plaintiffs and create test cases while at the same time serving on ethics committees that expressly condemned such practices?


Author(s):  
Jaime Schultz

Although girls and women account for approximately 40 percent of all athletes in the United States, they receive only 4 percent of the total sport media coverage. SportsCenter, ESPN’s flagship program, dedicates less than 2 percent of its airtime to women. Local news networks devote less than 5 percent of their programming to women’s sports. Excluding Sports Illustrated’s annual "Swimsuit Issue," women appear on just 4.9 percent of the magazine’s covers. Media is a powerful indication of the culture surrounding sport in the United States. Why are women underrepresented in sports media? Sports Illustrated journalist Andy Benoit infamously remarked that women’s sports "are not worth watching." Although he later apologized, Benoit’s comment points to more general lack of awareness. Consider, for example, the confusion surrounding Title IX, the U.S. Law that prohibits sex discrimination in any educational program that receives federal financial assistance. Is Title IX to blame when administrators drop men’s athletic programs? Is it lack of interest or lack of opportunity that causes girls and women to participate in sport at lower rates than boys and men? In Women’s Sports, Jaime Schultz tackles these questions, along with many others, to upend the misunderstandings that plague women’s sports. Using historical, contemporary, scholarly, and popular sources, Schultz traces the progress and pitfalls of women’s involvement in sport. In the signature question-and-answer format of the What Everyone Needs to Know® series, this short and accessible book clarifies misconceptions that dog women’s athletics and offers much needed context and history to illuminate the struggles and inequalities sportswomen continue to face. By exploring issues such as gender, sexuality, sex segregation, the Olympic and Paralympic Games, media coverage, and the sport-health connection, Schultz shows why women’s sports are not just worth watching, but worth playing, supporting, and fighting for.


2021 ◽  
Vol 14 (4) ◽  
pp. 55
Author(s):  
Richard J. Hunter, Jr. ◽  
Hector R. Lozada ◽  
Gary H. Kritz

This article presents the issues of sex discrimination, working conditions, and equal pay raised in the legal dispute between the United States Soccer Federation and the Women's National Soccer Team. The authors study the application of the Civil Rights Act of 1964 and the Equal Pay Act of 1963, and the implications of applying Title IX of the Education Amendments of 1972 to the U.S. Soccer Federation. The authors conclude by offering some observations and suggestions on the practical course of action that the US Women’s Soccer Team may consider in attempting to solve its dispute with the Federation.


Author(s):  
Robert M. Fisher

By 1940, a half dozen or so commercial or home-built transmission electron microscopes were in use for studies of the ultrastructure of matter. These operated at 30-60 kV and most pioneering microscopists were preoccupied with their search for electron transparent substrates to support dispersions of particulates or bacteria for TEM examination and did not contemplate studies of bulk materials. Metallurgist H. Mahl and other physical scientists, accustomed to examining etched, deformed or machined specimens by reflected light in the optical microscope, were also highly motivated to capitalize on the superior resolution of the electron microscope. Mahl originated several methods of preparing thin oxide or lacquer impressions of surfaces that were transparent in his 50 kV TEM. The utility of replication was recognized immediately and many variations on the theme, including two-step negative-positive replicas, soon appeared. Intense development of replica techniques slowed after 1955 but important advances still occur. The availability of 100 kV instruments, advent of thin film methods for metals and ceramics and microtoming of thin sections for biological specimens largely eliminated any need to resort to replicas.


1979 ◽  
Vol 115 (11) ◽  
pp. 1317-1319 ◽  
Author(s):  
J. E. Morgan

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