Titles and Citation: Kelley v. Board of Trustees of the University of Illinois, 1993
Facts:
Members of the University of Illinois’s men’s swim team filed a lawsuit in 1993 claiming that the school was discriminating against them by cutting their team and not the women’s swim team. The members claimed that this decision was in violation of Title IX, a law that prohibited discrimination on the basis of gender, along with the equal protection clause of the Fourteenth Amendment. The University of Illinois made the decision to cut the men’s swim team due to budgetary limitations. Along with the men’s swim team, the men’s diving, men’s fencing, and women’s diving team were also cut for the same reason. There were many instances previous to this case where female athletes have filed lawsuits claiming that they were being discriminated against, and that the institution was in violation of
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In 1993, the law was converted from a statute that outlawed discrimination on the basis of gender, largely exclusion from participation opportunities (athletics), to one that provides “equal opportunity for members of both sexes.” Title IX is largely statistical, as most higher learning institutions strive to have very close to an equal percentage of women and men involved in athletics with respect to enrollment. Many decisions regarding Title IX are made for statistical purposes only.
Fourteenth Amendment (Equal Protection Clause): For one to file an equal protection claim, one has to prove that the “government intentionally discriminated against the plaintiff by classifying him or her for different treatment under the law than one similarly situated.” For the equal protection clause to be violated, a government has to group individuals in such a way that denies them certain rights or provides different treatment on the basis of traits they have no control over.
Constitutional Issue and Legal
Following the termination of the Colorado State University women’s varsity softball team on June 1, 1992; plaintiffs sought reinstatement on the basis of a Title IX violation ("Roberts v. Colorado State University, 814 F. Supp. 1507 (D. Colo. 1993) :: Justia," 1993). The girls found terminating their sports team to be unjust. The plaintiffs argued financial difficulties and lack of participation and support for the boy’s baseball team did not warrant termination of the softball program. They also argued getting recruited to play Division I level softball afforded them a better chance at improving their future. Most girls had a substantial amount of scholarship money that helped them afford college ("Roberts v. Colorado State University, 814
Throughout history, according to the laws of almost every country, males have been the dominate sex. In almost every sector of life, the law has granted men more rights and privileges, whether it be property rights or the right to vote. However, in the United States, ever since women’s suffrage, all women’s rights have been increasing steadily. One privilege that men have had in the past, active and supported participation in intercollegiate sports, has also been opened up to women through Title IX, part of an amendment to the 1964 Civil Rights Act. Although Title IX does not solely target sports, its effect on college sports across the United States
Over two decades have passed since the enactment of Title IX, a federal law prohibiting sex discrimination in federally funded education, including athletics. As a result of Title IX, women and girls have benefited from more athletic participation opportunities and more equitable facilities. Because of Title IX, more women have received athletic scholarships and thus opportunities for higher education that some may not have been able to afford otherwise. In addition, because of Title IX the salaries of coaches for women's teams have increased. Despite the obstacles women face in athletics, many women have led and are leading the way to gender equity.
The literature review of this article focuses on Title IX itself, as well as statistical numbers that provide the reader knowledge about the impact it has had. Title IX is a comprehensive federal law that has removed many barriers that once prevented people, on the basis of sex, from participating in educational opportunities and careers of their choice (Bower & Hums, 2013). Acosta and Carpenter (2012) reported that the number of female athletes playing college sports has risen from 16,000 in 1968 to over 200,000 in 2012. Although the increased number of opportunities has provided women the chance to participate in the sport, the percentage of women coaching women’s teams has decline over time from 90% in 1972 to 42.9% in 2012 (Acosta & Carpenter, 2012). Alongside coaching is the lack of women working in intercollegiate administration. In 1972, the percentage of female athletic directors overseeing women’s programs was 90%, Today, the percentage of female athletic directors is 20.3%, a small increase from 2010
Great inequalities in the educational system between the sexes have occurred for many years and still occur today. Efforts have been made to rectify this disparity, but the one that has made the most difference is Title IX. Passed in 1972, Title IX attempted to correct the gender discrimination in educational systems receiving public funding. The greatest correction it made was in the area of athletics, but social justice of Title IX applies to many other areas as well. Title IX has an effect on women who are not athletes in many ways, including quality of education, receptivity to education, empowerment and creation of ideals.
Imagine being a female athlete before 1972, you practice playing basketball everyday just like the boys do, but they have multiple scholarship opportunities to go to college where as females do not. They tell you to be a cheerleader or work in the kitchen and stay at home, but in your heart you are a competitor and have a passion for sports. This is a feeling that many females felt before Title IX; was explicated to give female’s gender equality in sports. Title IX has positively affected women’s sports over the years, but can negatively impact men’s teams, especially within the collegiate field. Title IX has changed budgeting and participation numbers between males and females, while opening up several opportunities for women. I am going to inform you how Title IX affects females and males in collegiate and high school sports, the history about Title IX, facts and statistics, how it has positively changed the way women participate in sports, and what it has to do with race and minorities.
In 1972 Congress passed the Educational Amendments. One section of this law, Title IX, prohibits discrimination against girls and women in federally funded education, including athletic programs. As a result of Title IX, women and girls have benefited from more participation opportunities and more equitable facilities. Women who were under 10 when Title IX passed have much higher sports participation rates than women who grew up before Title IX. Fifty-five percent of the "post-Title IX" generation participated in high school sports, compared to 36% of the "pre-Title IX" generation.35 Because of Title IX, more women have received athletic scholarships and thus the opportunity for higher education than would have
Before Title IX was signed by President Nixon on June 23 and went into effect on July 1 of 1972, both women and young girls were excluded from many activities that men and young boys were allowed to do. Since the passing of Title IX, women have excelled in all sports tremendously. This essay will argue that because of Title IX, women can now participate in various activities and sports. Title IX of Educational Amendments prohibits sex discrimination in any educational program or activity receiving any type of financial aid, and because of this enactment made by Congress in 1972, women have left their mark on sports history.
In 1972 Congress passed the Educational Amendments. One section of this law, Title IX prohibits discrimination against girls and women in federally funded education, including in athletic programs. Since its arrival, in regards to athletics, there have been arguments for and against the many aspects pertaining to this law. Title IX has had a large impact on high school and college athletics in the attempt to give females an equal opportunity, but the means by which they are achieving this goal is an ongoing debate.
The idea of equity in society particularly in athletics has been a major topic in athletics for many years. However, in spite of the long and storied history of the fight for equity in athletics we still see a lot of misunderstanding especially involving one particular law. This law is Title IX which has a number of awful misconceptions associated with it even from female athletes themselves. One misconception that is very popular especially among the critics of Title IX is the idea that “Title IX exists to force to schools to drop men’s sport’s”(Kane, pg. 3). This is something that was reinforced by an report authored by Dr. Mary Jo Kane who is a Professor at the University of Minnesota regarding the 40th anniversary of Title IX. Dr. Kane indicated that she opens her sport sociology class discussions on Title IX by asking her class what they know about this subject. Dr. Kane indicated in her report that Title IX “remains a mystery to the vast majority of her students, both male and female” (Kane, pg. 3). Dr. Kane goes on to point out the misconception mentioned above is commonly said by her students including her female D1 scholarship athletes who are the ones that have benefitted most from this law. Overall Title IX is a great law even if it is a law that takes a lot of bad press although this is largely due to the actions or in some cases lack thereof from the leaders who reside in college athletics.
Title IX, which is a part of the Education Amendments Act, was signed into law by Richard Nixon in 1972. Title IX is written as, “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.”. Title IX had an immense impact on women’s lives, providing them with equal opportunity in interscholastic athletics, education, and ending other discrimination, such as sexual harassment, in federally funded educational institutions. Title IX is most often thought of for its involvement of interscholastic women's sports because it completely revolutionized the world of female
The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution. The clause provides that no state shall deny to any person within its jurisdiction "the equal protection of the laws". Two landmark 14th Amendment cases are Plessy v. Ferguson and Brown v. Board of Education. However, each case treated the 14th Amendment differently and this caused a different outcome for each court case.
This past June marked the 40th anniversary of Title IX, a United States law stating 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. Although the wide spectrum in which Title IX covers includes many educational issues, its application to NCAA athletics has especially been confounded, because, unlike most educational institutions, athletic programs are gender-segregated by sport. In terms of intercollegiate athletics, Title IX essentially states that that all academic institutes of higher education are
The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits unreasonable discrimination. It required the state to treat each person within its jurisdiction with the same manner as others with similar condition and circumstances. The Equal Protection Clause reads to protect against the discriminatory use of classifications besides race and national origin, in areas outside of race discrimination, the equal protection clause was not traditionally a major consideration. Usually, the Court finds a state classification constitutional if it has "a rational basis" to a "legitimate state purpose." The Supreme Court, however, has applied more stringent analysis in certain cases [1].
The Fourteenth Amendment stressed that all persons in the United States shall enjoy “equal protection under the laws.” Meaning that nobody can be treated unfairly without good reason. All laws discriminate, but the government has the rights to making choices about what is lawful and what is not. For instance, a law, which prohibits burglary, automatically discriminates against burglars. However, the Equal Protection Clause demands that a state should have a “rational basis” or a good