Gender Based Discrimination FINAL PAPER

Gender Based Discrimination FINAL PAPER - 1 Title IX and...

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1 Title IX and Women’s Athletics The ratification period for the proposed Equal Rights Amendment expired at midnight on June 30, 1982. 1 A faction of the amendment’s opponents argued that the objective of achieving equal rights for women could be accomplished most satisfactorily on a statutory basis and would not necessitate amending the Constitution of the United States. Additionally, some individuals believed that the statutes already in place were sufficiently protective of women’s rights. One of the most contentious of these statutes is Title IX of the Education Amendments of 1972, 2 the first comprehensive federal law to prohibit gender-based discrimination against students and employees of educational institutions. The preamble of Title IX of the Education Amendments of 1972 states: 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 educational program or activity receiving Federal financial assistance. 3 1 The Equal Rights Amendment (ERA) passed in both houses of Congress in 1972, but it was not ratified by three-fourths of the states by the 1982 deadline. Since its defeat, the ERA has been reintroduced in each opening session of Congress, and sixteen states now guarantee equality of the sexes in their state constitutions. Francis, Roberta W. “The History behind the Equal Rights Amendment.” National Council of Women's Organizations . 23 July 2002, <http://www.equalrights amendment.org/era.htm> (28 Nov. 2005). 2 20 U.S.C. §§ 1681 et. seq. 3 Section 1681 also includes exemptions to Title IX for institutions run by religious organizations or schools that serve primarily to train individuals for the U.S. military.
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2 In its beginning, Title IX caused considerable concern because of its broad, forbidding language. Anxiety chiefly focused on clarifying which individual programs would fall under the control of Title IX, whether these programs would include athletics, and how compliance would be determined by the government. The scope of Title IX has been interpreted to include all aspects of education that receive federal funding, but the application of Title IX to college athletics has been especially complicated because athletics programs are usually sex-segregated by sport unlike most academic classes. Title IX has undoubtedly increased athletic opportunities for young high school and college women. Despite the progress already made, gender equity in collegiate athletics is far from complete. Title IX does not achieve its objective of ending gender- based discrimination against students and employees of educational institutions because it fails to protect college athletics from the continuing trend toward commercialization. 4
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Gender Based Discrimination FINAL PAPER - 1 Title IX and...

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