Womenstake

Katie Reyes: Breaking Down Barriers One Game at a Time

by Neena Chaudhry, Senior Counsel,
National Women’s Law Center 

Yesterday, a quiet thirteen-year-old girl made history just doing something she loves – playing baseball. Katie Reyes may or may not have known that her actions made history, although she certainly does by now. According to news reports, she became the first girl to have a game-winning hit in the Little League World Series. Major kudos to Katie!  

Given that she is only thirteen and grew up in the post-Title IX era, Katie might not realize what a major milestone her accomplishments represent in the history of women’s sports. Before Title IX, and even after, girls and women were not allowed to participate in many sports or were forced to play by different rules because of various stereotypes, including the notion that sports were too tough for females’ delicate bodies. Title IX has certainly changed the legal landscape when it comes to women and girls in sports, but many barriers still remain. Girls and women still receive only a little over 40% of the participation opportunities at the high school and college levels, and cases of unequal treatment of their teams abound.  Minority girls and those living in urban areas face the additional challenges of schools with few resources and cultural barriers such as parents not wanting their daughters to play sports because of safety concerns or because they are needed for household duties like child care and cleaning.

Katie is a shining example of what can happen when young women are given opportunities to play. But we must keep striving to ensure that equal athletic opportunities are a reality for all of our daughters.

Senator Kennedy: A Champion for Education

by Neena Chaudhry, Senior Counsel, 
and Dina Lassow, Senior Counsel, 
National Women’s Law Center 

Along with others across the world, we mourn the passing of a legend today.  Senator Kennedy championed many causes, including the right to equal educational opportunities for all, regardless of race, sex, family income, language barriers, or disability.  One of his causes that is particularly near and dear to our hearts is Title IX. 

In addition to being a key supporter for passage of Title IX, Senator Kennedy led the fight to ensure that the reach of the law was as broad as originally intended.  In 1984, the Supreme Court ruled in Grove City College v. Bell that Title IX’s protection against discrimination was limited to the specific programs within a school that received federal funds.  This decision had devastating consequences because it meant that athletics programs, for example, would not be covered unless they received federal funds, which they typically did not.  It also meant that students were only protected against sexual harassment if the harassment took place in a dormitory or classroom that happened to have been built with federal aid – not one across the street.  Senator Kennedy came to the rescue and was the leading author of the Civil Rights Restoration Act of 1988, which overturned the Supreme Court’s Grove City decision and required recipients of federal funds to comply with civil rights laws in all areas, not just in a particular program or activity that receives federal funding.

Title IX and Gender Equity in Athletics: No More Excuses

by Neena Chaudhry, Senior Counsel
National Women’s Law Center

The Washington Post’s story yesterday about the disparities between the girls’ softball field and boys’ baseball field at Hylton High School in Woodbridge, Virginia is unfortunately all too familiar. Girls continue to receive second-class treatment in school sports programs across the country despite the fact that Title IX has mandated equality now for 37 years. As if that fact isn’t disturbing enough, many of the schools that are caught out of compliance pass the buck and try to justify amenities that boys have and girls do not by pointing out that they are donated to boys’ teams by outside supporters or booster clubs. But the law says that the buck stops with the schools.

Title IX requires schools to treat their male and female athletes equally with respect to equipment, facilities, publicity, and more. (See our handy checklist to learn all about Title IX’s requirements in athletics.) The fact that an outside entity’s generosity funds improvements for boys’ teams at a school—as was the case with the Hylton High baseball team’s press box and concession stand—does not excuse inferior treatment for the girls’ teams. As the Post article correctly notes, the bottom line is about the available benefits, not where they came from. That does not mean that schools have to turn down donations; no one wants that. But it does mean that schools need to think about how to provide similar benefits to girls (see our fact sheet for examples and ideas).

Some may contend that this is unfair, but stop to think about it for a moment: Would we allow an outside donor to fund new computers for boys and not girls? If we truly believe that athletic opportunities are educational ones, then the answer is clear.

The Sotomayor Hearings: When Did Empathy Become a Dirty Word?

by Neena Chaudhry, Senior Counsel,
National Women’s Law Center

This post is part of a series about the nomination of Judge Sotomayor for the Supreme Court.

As Senators made opening statements on the first day of the Supreme Court confirmation hearings for Judge Sotomayor, several referenced the now controversial “e” word—empathy.  This word became a focal point when President Obama mentioned it as one of the many qualities he is looking for in a Supreme Court Justice, and it is now being misused in an attempt to paint Judge Sotomayor as someone who will not be impartial but rather will make decisions based on personal biases.  Unfortunately, the President’s statement and the definition of the word empathy have both been distorted in the name of politics.  It is reminiscent of the telephone game that many of us played as kids, where the initial sentence or phrase was warped after repeated whisperings of it from one person to another. 

Since we’re talking about a Supreme Court nomination, it seems fitting to start with the facts.  Here is what President Obama actually said: “I will seek somebody with a sharp and independent mind and a record of excellence and integrity.  I will seek someone who understands that justice isn't about some abstract legal theory or footnote in a case book.  It is also about how our laws affect the daily realities of people's lives -- whether they can make a living and care for their families; whether they feel safe in their homes and welcome in their own nation. . . . I view that quality of empathy, of understanding and identifying with people's hopes and struggles as an essential ingredient for arriving a[t] just decisions and outcomes.  I will seek somebody who is dedicated to the rule of law, who honors our constitutional traditions, who respects the integrity of the judicial process and the appropriate limits of the judicial role.  I will seek somebody who shares my respect for constitutional values on which this nation was founded, and who brings a thoughtful understanding of how to apply them in our time.” 

A Supreme Court "Of the People, by the People, and for the People"

by Neena Chaudhry, Senior Counsel,
National Women’s Law Center

This post is part of a series about the nomination of Judge Sotomayor for the Supreme Court.

As we approach the Supreme Court confirmation hearings for Judge Sonia Sotomayor, much has been made of the fact that, if confirmed, she would be the first Latina on the Court and only the third woman. Many have praised her choice as one that will contribute to diversity on the Court, while others have condemned the notion that her ethnicity and gender would have any influence upon her work as a judge. This is certainly a topic that Senator Sessions has already signaled that Judge Sotomayor will be questioned about closely during the hearings.

Yet who among us can honestly say that our life experiences—including gender, ethnicity, where and how we grew up, and what jobs we have held—don’t influence the lens through which we see the world?  And more importantly, why would we expect, or even want, judges to be any different? Of course, we want judges to decide cases without any preconceived biases and to really listen to the facts and then make their decisions based on their interpretation of the law and precedent.  But if having been a young woman in school affects your view of whether it is unconstitutional to strip search a 13-year-old girl to look for prescription strength ibuprofen, as Justice Ginsburg recently acknowledged, isn’t that a benefit rather than a loss?  Justice Alito certainly seemed to think so when he stated the following at his confirmation hearing: “[W]hen a case comes before me involving, let’s say, someone who is an immigrant . . . I can’t help but think of my own ancestors, because it wasn’t that long ago when they were in that position. [...]  And that goes down the line. When I get a case about discrimination, I have to think about people in my own family who suffered discrimination because of their ethnic background or because of religion or because of gender. And I do take that into account.” 

Title IX: 37 Years and Counting

by Neena Chaudhry, Senior Counsel, 
National Women’s Law Center 

I am the same age as Title IX, which turns 37 this week. (Yes, I am tossing aside the old adage that a lady never reveals her age in honor of this landmark civil rights law that is all about shattering sex stereotypes.) Yet I grew up not knowing about this law that has so profoundly affected my life. In fact, I am a little embarrassed to admit that I knew very little about the law until I was lucky enough to get a job at the National Women’s Law Center many years ago, working on — what else? — Title IX.  

Title IX is perhaps best known for opening the doors to women and girls in sports, although the law prohibits sex discrimination in all facets of federally funded education programs, including admissions to many schools, career education, employment, testing and the treatment of pregnant and parenting students. Before Title IX, women were routinely denied admission into colleges solely on the basis of their sex. Girls made up only 7% of high school athletes, and athletic scholarships for women were nonexistent. High schools often prohibited boys from taking home economics and girls from taking shop or auto mechanics.  

Today, because of Title IX, girls and women make up half or more of the students in high schools and colleges, and a little over 40% of the athletes. Young women have access to athletic scholarships, which for some is the only way to afford a higher education. Girls and women now regularly pursue fields that used to be dominated by men, such as medicine and law. 

But Title IX cannot retire early because its work is not done. Women and girls continue to face discrimination in athletics, from not getting enough opportunities to play or their fair share of athletic scholarship dollars to second-class treatment in areas such as facilities, scheduling, and publicity. Girls still face barriers that limit their enrollment in nontraditional career and technical education courses, which affects their opportunities to pursue high-wage careers and attain economic self-sufficiency. 

I owe a great debt of gratitude to Title IX for the opportunities I have had (to play sports, pursue higher education, and become a lawyer). I hope to be able to repay that debt by continuing to work to fulfill the promise of this great law. Happy Birthday Title IX.

New Video - Title IX: What You Need to Know

by Kolbe Franklin, Program Assistant,
National Women's Law Center

Today Title IX celebrates its 37th anniversary! In the video below, NWLC Senior Counsel Neena Chaudhry explores how far we have come since the law’s passage in 1972 -- and how far we still have to go to achieve true gender equity in education.

For more information on Title IX, check out our website.

Media Madness

by Neena Chaudhry, Senior Counsel
National Women’s Law Center

This past Friday, the Washington Post printed an article on the first page of the Sports section entitled “This Year, It Could Be March Sadness: Area Teams Might Get Shut Out of the NCAA Tournament for the First Time Since 1978.”  Excuse me? How could the Post write such a piece when on the very same day, the University of Maryland women’s basketball team, ranked 4th in the country and 1st in the ACC, was playing its first ACC tournament game after having received the top seed for the first time since 1989. The Maryland women went on to win the ACC tournament and there is no question that they will be in the NCAA tournament, probably as a No. 1 seed.

Unfortunately, the answer lies in the consistent second-class treatment of women’s sports by the media. According to the Women’s Sports Foundation, women make up 38-42 percent of all sport and physical activity participants nationwide, yet they receive only 6-8 percent of the total sports coverage. Anyone who has tried to find women’s sporting events on TV can attest to this. It is often easier to find a men’s regular season game than it is to find a women’s tournament or championship game.

Yet record numbers of women are playing sports, attending sporting events, and buying athletic products. Women represent half of the fan base for football and buy more team apparel than men. So women have power as players, fans and consumers, power that they can use that to hold the media accountable and point out when they are relegating women and girls to the sidelines or ignoring them altogether.
 
It is shameful that in 2009, many media outlets continue to act as though men’s teams are the only ones that count. We should not let them get away with it.  

Celebrating National Girls and Women in Sports Day

by Neena Chaudhry, Senior Counsel
National Women’s Law Center

Today is the 23rd annual celebration of National Girls and Women in Sports Day (NGWSD), which began in 1987 as a day to remember Olympic volleyball player Flo Hyman for her athletic achievements and her work to assure equality for women's sports. NGWSD is marked annually with events around the country and on Capitol Hill to commemorate the achievements of girls and women in athletics, and to promote the continued expansion of opportunities for girls to play sports and live physically active lives. This year, we pay special tribute to the life of legendary North Carolina State women’s basketball coach, Kay Yow, who lost her battle with breast cancer a couple weeks ago. She will remain an inspiration to all of us who were lucky enough to watch her in action, and to future generations who will hear about her amazing life.

If Flo Hyman and Coach Yow were here today, they would be with us on Capitol Hill advocating for bills that address the ongoing inequalities girls face in high school sports in particular. Young women in high school still receive 1.3 million fewer opportunities to play sports than do boys, and girls who do play often receive second-class treatment in areas such as facilities, uniforms, and scheduling of games. But unlike colleges, high schools are not required to disclose any data on gender equity in sports, making it hard for schools, students and parents to know if their schools are playing fair.

Two bills that will soon be introduced in Congress would help level the playing field by requiring high schools to make publicly available information on the gender breakdown of their teams and athletics expenditures. Most of this information is already collected by schools and requiring it to be disclosed publicly will simply allow schools, parents and students to evaluate their athletics programs to make sure that they are treating boys and girls equally.

We all need to ask our elected officials to support these two important, bipartisan bills that will make a huge difference in the lives of girls. After all, only when true equity is achieved will we really be able to celebrate. 

Hot Off the Press: NCAA Gender Equity Resources

by Neena Chaudhry, Senior Counsel
National Women’s Law Center

The NCAA recently released some new gender equity materials. Here’s a guide to the resources with links:

• 2008 Gender Equity in Intercollegiate Athletics A Practical Guide for Colleges and Universities – a user-friendly manual about Title IX.  

• Teaching Title IX – materials such as PowerPoint, web and video resources to help educators.   

• Pregnant and Parenting Student-Athletes: Resources and Model Policies – a toolkit to explain medical and legal issues, as well as best practices, for this population.

The NCAA also has issued the latest installments of the following two reports. We will be reviewing them, so stay tuned.

• NCAA Gender Equity Report

• NCAA Sports Sponsorship and Participation Rates Report