Title IX Remains Intact After Legal Challenge
Feature Story by civilrights.org staff - 5/26/2004
On May 14, the U.S. Court of Appeals for the D.C. Circuit affirmed a lower court's dismissal of a lawsuit claiming men's sports teams are discriminated against because of Title IX.The lawsuit, filed by the National Wrestling Coaches Association against the Department of Education, alleged that college men's sports teams are being cut due to Title IX. At issue was the three-prong test that determines whether a college or university complies with the law.
Schools can fulfill the test in one of three ways: by providing athletic opportunities to male and females students in proportion to their overall enrollment; by demonstrating a history of continually expanding athletic opportunities for the underrepresented sex; or by demonstrating that the available opportunities meet the interest and the abilities of the underrepresented sex.
In the lawsuit, the National Wrestling Coaches Association contended that interpretation of Title IX had lead to a destructive "quota" system, causing reduced funding for and cutting of men's sports. In its ruling, the Circuit Court held that that the groups had failed to prove that colleges had eliminated or reduced their athletics programs for men because of Title IX. The panel of judges claimed that the evidence provided was "utterly inconclusive."
"It's time to put this fight to rest," said Neena Chaudhry, senior counsel for the National Women's Law Center (NWLC). "The wrestlers have lost in every Court of Appeals that has considered their misguided argument that Title IX results in cuts to men's teams."
NWLC supported the Department of Education's motion to dismiss the case during oral arguments and through an amicus brief filed on behalf of the American Association of University Women (AAUW), Women's Sports Foundation, and four coaches' associations.
"The judge's decision to reject this groundless case fortifies our commitment to protect and preserve this important civil rights law," said Lisa Maatz, director of public policy and government relations for AAUW. "We will not let Title IX become 'fair game' for unfair—and unwarranted—change."
Title IX advocates say the lawsuit was another in recent attacks challenging protections guaranteed by the law. In 2002, the Department of Education formed a special commission to review Title IX as it applied to athletics. The commission proposed radical and sweeping changes to Title IX policies, and though the changes were never adopted by the Education Department, Title IX supporters maintain that the commission should not have been convened in the first place. Further, proponents of Title IX say, the process involved in building the commission, and its operation, was problematic.
Title IX supporters continue to monitor implementation and education of the law and its three-prong test.
"While victories like these are steps in the right direction, too many women and girls still do not get the equal opportunities and benefits the law promises them," Chaudhry said.
