Womenstake

The Same Conversation, Thirty Eight Years Later—Happy Birthday, Title IX

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

I have spent a good chunk of time this week talking about a Title IX trial against Quinnipiac University in Connecticut. The issue is that the school cut its women’s volleyball team to save money and claims that it can nevertheless satisfy Title IX by elevating its cheerleading squad to a varsity sport. There’s also that pesky little issue about the school admittedly manipulating its athletic rosters to under report the number of men and inflate the number of women actually playing. At bottom, however, the Quinnipiac case is about whether a school is providing its female students with truly equal athletic opportunities or is simply cost cutting on the backs of women. 

Today is the 38th anniversary of Title IX, the landmark civil rights law passed in 1972 that has literally revolutionized our world. Because of Title IX, I am sitting where I am, writing what I am. Women are now allowed to go to college and graduate schools, they are allowed to run the full length of a basketball court, they can go to the moon, and much more. Yet, despite the many doors that this remarkable law has opened, we are still having many of the same conversations that we did almost 40 years ago, especially in the realm of athletics. 

Admittedly, I'm not the most patient person, and I feel like the child in the back of the car who keeps asking "Are we there yet?" Sadly, the answer is "no," which is why we must keep fighting until we are. 

Title IX: 38 Years Later

by Kavitha Sivashanker, Fellow,
National Women's Law Center

Today marks the 38th anniversary of Title IX of the Education Amendments of 1972. Title IX is a federal law prohibiting sex discrimination in all federally funded educational programs. It has opened up many more opportunities for girls and women in education since its passage, and high school athletics is one such area where this landmark legislation has made a tremendous difference in girls’ lives (and in my life).

I started playing tennis at the age of 5, and it was a huge part of my life growing up. So when I entered high school, it never even occurred to me that the opportunity to participate on my high school tennis team would likely not have existed in 1971. Research has shown the many benefits of competitive athletics for girls, especially for minority female athletes, and playing tennis on my high school’s varsity team definitely had a positive impact on my academic and social experiences in high school. It helped me learn how to perform under pressure, how to work effectively as a team, and maybe most importantly, it developed my self-confidence and ability to persevere in difficult situations.

Before Title IX’s passage, fewer than 300,000 high school girls played competitive sports. And now, over 3 million do. We clearly have come a long way, but Title IX’s goal of equal opportunity in athletics remains far from realized. Too many women and girls are still not being treated fairly by their schools when it comes to sports. We must continue to work to increase female athletic opportunities in high school, college, and beyond. In its 38 years in existence, Title IX has helped us make great strides, but as we look back on our accomplishments, we must also remember to continue advocating for the right that all girls and women have to equal educational opportunities.

Yoko Ono Syndrome Plagues World Cup

By Jessica Heaven, Fellow,
National Women’s Law Center

In a surprise upset on Wednesday, the Spanish national soccer team, ranked second in the world heading into the 2010 World Cup, lost 1–0 to Switzerland in its first game of the tournament. Even more surprising was the reaction from upset fans, who have found a way to pin Spain’s loss on...wait for it...a woman.

Yes, this is the men's World Cup (the women will take the field next year). So who is this superwoman who has the power to change the outcome of a soccer match in which she does not play? Enter Sara Carbonero, a sports reporter for Spanish TV station Telecinco, who also happens to be dating Spain’s goalkeeper, Iker Casillas.

Study Claims that Title IX Has Hurt Men’s Soccer . . . Really?

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

The College Sports Council (CSC) released a study last week claiming that Title IX has hurt men’s soccer.  Sadly, the study is just another version of the same old attacks that the CSC and similar groups have launched against Title IX in the courts and in the media for many years—attacks that have been unanimously rejected. 

In their latest study, the CSC compares the participation numbers and scholarship limits for males and females in Division I and erroneously claims that the somewhat smaller number of men playing soccer in Division I is the result of a "gender quota." If you’re confused, you’re not alone. There are many pieces of the puzzle that the CSC study conveniently omits. 

The Real Issue with Flag Football for Females in Florida

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

Cross-posted from ACS Blog

The New York Times' recently featured an article about the rise of flag football as a varsity sport among girls in Florida. I was quoted in the article as questioning whether the sport provides girls with equal educational opportunities when compared to boys' sports. Unfortunately, some have characterized such comments as unsupportive of girls who are playing the sport. While I understand the appeal of such a critique (after all, controversy sells), nothing could be farther from the truth, or the point. Flag football is an exciting sport (I was an avid football fan in high school so I understand the appeal), and I think girls should be able to play whatever they want.

My questions are directed towards the educational institutions who decide what sports to offer -- namely, the Florida High School Athletic Association (FHSAA) and its member schools. The real focus should be on whether their decisions provide equal educational opportunities to male and female students, as required by Title IX of the Education Amendments of 1972. (While athletic associations may claim that they are not subject to the civil rights laws, several courts have held otherwise and noted that these associations, not their individual member schools, have the power to set up state championships, decide the seasons for sports, and much more.)

Read the full post.

Women and Girls are Back in the Game: Department of Education Reverses Damaging 2005 Policy

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

Many of us here had the privilege of attending an inspiring event yesterday at George Washington University, where hundreds gathered to celebrate the release of a new Title IX guidance that reversed a harmful policy issued in 2005 and provided further details about how schools can comply with the law. The 2005 policy weakened the law by permitting schools to claim that they were complying with Title IX based exclusively on the results of an email survey asking female students about their interests in additional sports opportunities. Even worse, schools were given the green light to interpret any lack of response to a survey as lack of interest in sports. 

Vice President Biden, Valerie Jarrett (Chair of the White House Council on Women and Girls), and Secretary of Education Arne Duncan and his staff joined Olympic and professional athletes, local teams, students, parents and advocates to talk about the importance of Title IX and what it means for our nation’s daughters. As the Vice President said, “Making Title IX as strong as possible is a no-brainer.” And he dubbed yesterday Equal Play Day, noting that it was also Equal Pay Day (check out our blog for posts about fair pay).

The speakers recognized how empowering sports are for women and girls and how participating in sports leads to greater academic and employment success, better health outcomes, and countless other benefits. 

Justice Stevens’ Legacy on Sex Discrimination in School

by Rachel Peck, Fellow,
National Women's Law Center

Justice John Paul Stevens has been on the Supreme Court for nearly thirty-five years. During this time he has been part of decisions that have affected women’s legal rights in countless ways. Over the next week we wanted to share with you some of the ways he has improved legal rights for women and families.

As we celebrate the important restoration of Title IX intercollegiate athletic protections the Obama administration made to Title IX yesterday, we thought it would be great to start by looking at Justice Stevens’ record on educational equity. Justice Stevens has played an important role in establishing and enforcing protections against sex discrimination in education under Title IX of the Education Amendments of 1972 as well as under other grounds. Title IX states that “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. . .” Here is a look at some of the important Supreme Court cases on sex discrimination in education that Justice Stevens has taken part in.

The Department of Education Revokes Harmful Intercollegiate Athletics Policy: NWLC Applauds Restoration of Title IX

Yesterday, the Department of Education issued a new policy clarifying compliance with intercollegiate athletics and Title IX, the law that bars sex discrimination in federally-funded education. The Department’s “Intercollegiate Athletics Policy Clarification: The Three-Part Test — Part Three” revokes the policy issued in 2005 by the Bush Administration that weakened schools’ obligations under Title IX to provide equal athletic opportunities for women. 

Nearly 40 years after Congress passed Title IX, girls and women still do not have equal opportunities to play sports. For example, despite the fact that females make up half or more of students in high schools and colleges, they receive only about 41 percent of the opportunities to participate in sports, and along with these diminished opportunities to play come fewer scholarship and career opportunities.

The new Department of Education policy reverses the 2005 policy that created a major loophole in Title IX compliance by permitting schools to simply send email surveys to their students asking about their interests in additional sports opportunities. If female students failed to respond, schools were allowed to conclude that the young women were not interested in more sports opportunities and had no obligation to provide them. 

Dominance in Women’s Sports Should Be Celebrated, Not Downgraded

by Nicole Marschean, Intern
National Women's Law Center

The University of Connecticut’s women’s basketball team advanced to the Elite Eight with its 75th consecutive win yesterday. This year they also won their 16th Big East Championship title, in which they held their opponent, West Virginia, to the lowest point total in the history of the Big East Tournament. In addition, no team has come within less than 10 points of the Huskies since their last loss in the 2008 NCAA Women’s Final Four. Amazing, right? Not so much, according to some sports columnists.  

UConn’s performance is seen by some not as a sign of the great athletic accomplishments of a women’s team, but as a symptom of a problem with women’s collegiate basketball. Instead of lauding UConn’s accomplishments, many are chastising the programs that aren’t giving the powerhouse much competition and questioning whether UConn’s dominance is good for women’s basketball as a sport.

Support your Fellow Women, Attend a Sporting Event!

by Nicole Marschean, Intern,
National Women's Law Center

Acclaimed sports writer Frank Deford asserted in a February NPR article, “Certainly women themselves do not seem wired to support their gals as men the world over cheer on their guys.” 

Growing up as a female athlete and now an adult-aged sports fan, I can’t disagree with Mr. Deford’s statement. My high school girls’ basketball team, despite being more successful than our male counterparts, barely maintained a fan base outside of our relatives and our school’s faculty members. And personally, I’m aware that I am part of a small group of women who take an interest in women’s sports, although I admit that I am guilty of supporting and following the MLB, NFL, NBA and NHL more than the WNBA or other professional/collegiate women’s sports leagues. 

Ladies, take a second to answers these questions:

• How many professional/collegiate women’s sporting events do you attend every year? How many men’s sporting events? 
• When you enter office/friendly pools for such things as the NCAA Basketball Tournament, do you ask for or fill out a women’s bracket? 
• Which are you more likely to watch: a women’s individual sport, such as figure skating, or a team sport, such as basketball?
• Outside of the Olympics, do you frequently watch professional or collegiate women’s sports?

Are you starting to understand what I mean?  Deford’s commentary hits home on some of these points: 

• Las Vegas doesn’t regularly entertain bets on women’s sports. Usually the only time to bet on a women’s sporting event is during the NCAA basketball tournament. 
•  Yes, we, as a nation, will declare Lindsey Vonn or Danika Patrick the female faces of their respective sports, but what about team sports? 
• What were our real motivations for rallying behind the USA Women’s Soccer team?  Were they more national-based than gender-based?