Sports advocates sue Dept. of Education over Title IX

In one of the first major challenges of the application of Title IX’s three-point test in high schools, the American Sports Council (ASC) filed a lawsuit Thursday against the U.S. Department of Education (EdD).

The federal lawsuit argues that the department’s use of gender quotas in high school athletic programs is a violation of the Constitution’s Equal Protection Clause.

According to the ASC, formerly the College Sports Council, Title IX activists have been “intimidating” high school districts that they say do not have an adequate “gender balance” in their athletic departments.

Nationally, 1.3 million more boys than girls play high school sports. ASC believes compliance with the current interpretation of the law would result in those boys losing their opportunity to continue playing.

“Not only is this interpretation not supported by law, it has the potential of destroying much of what is so good about the uniquely American athletic system — one that produces the world’s best scholar-athletes,” said ASC Chairman, Eric Pearson. “This pattern of legal intimidation needs to stop.”

Pacific Legal Foundation (PLF) filed the suit on behalf of ASC in the U.S. District Court for the District of Columbia, arguing that the quota system is unconstitutional. (Anti-obesity programs fail, so feds try again)

“Title IX does not require sex-based quotas in high school sports. Quota mandates are at odds with the U.S. Constitution’s guarantee of equal protection and equal treatment of people regardless of sex,” said PLF attorney Joshua Thompson. “But in recent years, federal policy guidelines on Title IX have made vague references to high schools in a way that allows pro-quota activists to misconstrue Title IX and wrongly demand that high schools institute quota policies.”

In 2007, the EdD rejected PLF’s petition to “revise or repeal” the current iteration of Title IX to clarify that it does not mandate quotas for high school sports. Thursday’s suit alleges that the EdD’s rejection of PLF’s initial petition was “arbitrary and capricious.”

PLF also argues that the department must clarify or repeal the law to clarify that it does not require high school districts to adhere to a quota system for athletics.

The need for clarification comes in the wake of objections from the feminist National Women’s Law Center (NWLC), which filed complaints with EdD’s Office of Civil Rights, charging that 12 school districts were discriminating against female athletes because of the lack of balance in the number of girls and boys playing sports.

ASC clarified to TheDC that while the lawsuit challenges the manner in which Title IX has been interpreted, it is supportive of the law as it is written.

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  • truebearing

    Title IX, like Affirmative Action, is institutionalized bias and an infringement on the rights of those disfavored by these ridiculous rules. Both should be summarily canned.

    The majority of people, men and women, boys and girls, would rather watch men, or boys, compete in sports. that is a FACT. Since it costs money to maintain sports activities it stands to reason the male teams are far better at supporting themselves, and since far more men participate, they shouldn’t have their teams limited because there was an artificial, politically motivated rule imposed.

    In high school the sports are free to watch, but the big interest is still in the boys over the girls and participation of boys far exceeds girls. Title IX should not be allowed to prevent boys from participation just because of hare-brained political correctness. Boys are more physical than girls, period. They are full of testosterone and need a constructive outlet for their energy. Despite the delusional wishes of a certain subset of women, girls are not drenched with testosterone and don’t need the physical outlet boys do, nor are as many interested in sports to begin with.

    Rules to protect rights should consider all people’s rights but never do when championed by the left

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  • OneandDone

    Next the government is going to pass a law that will require the MBA, NFL, NHL, NBA all have to be co-ed with equal number of females.

    Here’s a thought, government – GET THE HECK OUT OF OUR LIVES!!!!!

  • BigRmv

    One of the side-effects of Title IX in the “eager to please the liberals” state of California was the demand made on the State colleges that they spend equal amounts of money on boys sports and girls sports.

    This sounds fine on paper. But in reality, it doesn’t add up.

    It costs roughly $700 per player per year to cover expenses for equipment, field upkeep, lights, officials, travel etc. to host a football team. Teams usually consist of about 40 players so, it’s expensive. But it only costs about $200 per player per year for a soccer team (girls or boys) plus other related expenses. And soccer teams will typically carry about 15 players. The same applies to volleyball and basketball. Baseball and softball are also about equal, provided there are fields for each.

    The ruling made by the State or regents or whomever was that the schools had to provide equal monetary (and other) support to male and female athletes. And since the total for the boys sports includes football (even ‘though females can try out and make the team if good enought), they were still “boys” teams and told they had to spend an equal amount on the girls sports or they’d be in violation of Title IX, should they chose to sport a football team.

    So, instead of handing the girls’ programs an extra $28,000 per year for nothing, guess which sport was cut at the Cal State campuses?

    The one lesson that anyone should take away from the Department of Education is that common sense is not a requirement for government jobs.

  • brian61

    I have always thought that the liberal-progressive class contains a lot of boys who were cut from the school athletic teams, a lot of girls who were not asked to Homecoming or Prom, and many, many kids who got hit hard and often in dodge-ball games. It left them scarred for life, and now they pass laws to eliminate competition and “inequality” in society.

    • OneandDone

      Although I think you are somewhat right. I believe the liberals real motive for removing competitive sports (and competition in education via removing valedictorians) is to remove pride. Liberals hate pride and anything associated with someone developing pride. Pride comes from competition and doing the best you can do, pride creates exceptionalism and the liberals hate excpetionalism even more than pride. When someone has pride in something, be it a sports team, this country, family, school, etc…they will fight for it. Without pride, you have no reason to perform and excel or at the very least….not reason to even try to do your best?

      • LeftyLinda

        What a bunch of BS.

  • Honoria

    This title IX was a bad idea from the beginning. It’s killed competitive sports in our schools and cut the athletic opportunities and competitivness we need for our children. Now the only opportunity they have is cyber bullying. This wouldn’t be as much as a problem if it weren’t for the millitary saying that its young appplicants are too fat!!! A neice was rejected because she was three pounds over weight! Now our government complains because of the laws it enacts!! Aaahhh the unintended consequences and the booo-hooos that follow!!!

    • LeftyLinda

      You are not making sense. Title IX has given girls more opportunities to participate in sports than ever before. You say Title IX is bad and yet you say your niece was rejected for military service because she was was over weight. I don’t see how you can blame Title IX for that. It was probably due to one too many fattening meals.

      • truebearing

        What a bunch of pure BS.

  • Paul of Alexandria

    The basic problem is the assumption that equal numbers of boys and girls want to play organized sports. This is not necessarily true.