Advocacy and Opposition to Title Ix

Advocacy and Opposition to Title IX

"No person in the United States shall, on the basis of sex, be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal assistance."

Title IX of the Education Amendments of 1972 to the Civil Rights Act of 1964

[Title IX Amendment of the Higher Education Act is now officially known as Patsy T. Mink Equal Opportunity in Education Act as of 2002 upon the death of Patsy T. Mink, the author of the amendment. But for ease, throughout this paper I will refer to the Patsy T. Mink Equal Opportunity in Education Act as Title IX.]

Since the 1972 conception of Title IX of the Education Amendments, the number of women participating in intercollegiate athletics has increased five-fold, from fewer than 30,000, to more 150,000 in 2001. However, more than 400 men's athletics teams have been dismantled since Title IX became law. Some would say this is due, in part, to Title IX enforcement standards like proportionality. Proportionality requires that an institution's athletic population must be of an equal ratio to its general student body. Among some of the 400-plus teams dismantled by Title IX are several former Colorado State University teams including wrestling, baseball, gymnastics, men's swimming and diving, and men's tennis. Many student athletes no longer have the opportunity of participating in these activities, and the days of the student body rooting for an array of different teams are gone, possibly forever. Now the search is on to find a solution to the problems associated with Title IX if, indeed, a solution is ultimately necessary.

The debate over Title IX is a complex one, with many sides relentlessly attacking each other's approaches regarding the law. The Title IX advocates, largely comprised of women's organizations such as the National Women's Law Center (NWLC), take the approach that the law is the major reason women have achieved somewhat equal opportunities in athletics. The NWLC contends that abolishing Title IX would undo years of progress so far achieved. In sharp contrast with the Title IX advocates are the Title IX opponents, who are largely comprised of the National Wrestling Coaches Association (NWCA), along with former coaches and athletes of programs adversely affected by Title IX. This camp also houses those who believe Title IX simply does not work and individuals who believe the law is now, 30-plus years later, out of date. Richard Epstein argues that "women no longer need Title IX to be heard loud and clear" thanks to changes in cultural and social norms (35). The final two approaches fall between the Title IX advocates and the Title IX opponents--the Title IX proportionality reformers and the Title IX enforcement reformers. Title IX proportionality reformers address the proportionality standards of Title IX, attacking "unfair" tests which demand quotas for female athletic participation. The NWCA also is one of the strongest forces in this camp along with some coaches, athletic directors, and once again, adversely affected former male athletes. Ruth Conniff includes, in this approach, "girls of the post-Title IX generation, who feel pangs of guilt when Title IX is blamed for the elimination of men's sports" (22). The Title IX enforcement reformers argue that universities need more meaningful ways to show compliance than proportionality such as surveys of interest. This group is composed of some athletic directors, coaches, and former male athletes.

Title IX advocates refuse to give any ground when questions arise about what to do with Title IX. Doing so, they believe, could unravel the years of forward progress towards women's equality which Title IX has accomplished in its 31-year history. Title IX advocates value equality which they designate as proportionate numbers of male and female athletes. Title IX advocates unanimously credit Title IX for providing the equality which women have enjoyed over recent years. However, they say that female athletes are still being treated unfairly compared to their male counterparts and are underrepresented in the world of intercollegiate and interscholastic athletics. Peg Bradley-Doppes, a strong Title IX advocate, supplies the strong advocacy belief that "men still receive more opportunity to participate in athletics" (B7). According to Bradley-Doppes women account for more than half of the student body at Division I universities, yet receive only 43 percent of athletics-scholarship dollars, 36 percent of athletics operating budgets, and 32 percent of recruiting budgets (B7).

Title IX advocates also say Title IX has not adversely affected men's sports in an attempt for equality. Bradley-Doppes points out that between 1981 and 1998, 36 additional NCAA Division I men's teams were formed (B7). Another common belief among Title IX advocates is that Title IX is not the reason men's athletic teams are dropped. In a report from the National Coalition for Women and Girls in Education, according to Bradley-Doppes, "Neither Title IX nor its policies, and particularly the three-part, explicitly or in practice require the discontinuation of men's teams...as long as a school provides equal participation opportunities to men and women" (B7). The Women's Sports Foundation, according to Ruth Coniff, says that changing Title IX could result in a loss of 300,000 participation opportunities for women along with a loss of 100 million dollars in athletics scholarships (19). This would be a disaster for women's athletics if predictions regarding possible repercussions of changing Title IX held true. Title IX advocates also see a strong correlation between the rise in women's athletic publicity and Title IX. According to a Christian Science Monitor editorial, Title IX is the main reason for the rise of women's athletics "providing for well publicized events like the NCAA Women's Basketball Finals and women's athletics in general" (20).

Title IX opponents defend their claims as fiercely as the Title IX advocates. Although Title IX opponents acknowledge the good intent of Title IX, they feel strongly that opportunities for women's athletic participation should not come at the expense of men. They also value equality, but take a different stand on what they believe equality is: every willing participant having the chance to play. Title IX opponents say the law has been unjustly interpreted over the past 20 years. J. Robinson believes "feminist radicals have hijacked the current interpretation"