Nearing 50th anniversary of Title IX, struggles persist

Margaret Dunkle, then chair of the National Coalition for Women and Girls in Education, lights candles for Title IX’s third birthday celebration on Capitol Hill in 1975 with Rep. Shirley Chisholm (D-NY), Rep. Mike Blouin (D-IA), Rep. Ron Dellums (D-CA), and others in Washington, D.C. (Photographer unknown; image courtesy of Margaret Dunkle)

Conflicts around sex discrimination in education remain prominent in a big year ahead approaching the 50th anniversary of Title IX. Congress passed the law known as Title IX on June 23, 1972.

If you’re wondering why society still is arguing over discrimination in education based on sex, you’re not alone. Half a century should be enough to learn how to treat people fairly. But pervasive prejudices and discrimination embedded in our systems resist change. And they’re so common they may seem “normal.”

Can you say, institutionalized sexism?

How else to explain the immense gaps that persist? In college athletics alone, men’s sports get nearly $1 billion more in scholarships. They get $162 more in recruitment dollars. And 200,000 more chances to play than do women’s athletics, according to the advocacy group Champion Women. The group says 90% of colleges and universities are breaking the law by discriminating against women athletes. Check its online chart to see how your local college is doing.

Over the next year the Equality League and Champion Women will team up to get college women athletes in all 50 states to take legal action to close these gaps. They announced the “Title IX 50 by 50” campaign this week for the law’s 49th birthday.

ESPN is preparing a documentary series and more as part of its “Fifty/50” project to air for the 50th anniversary of Title IX in June 2022. Fifty women’s stories will illustrate the history and contemporary developments of women’s civil rights journey in education. And not just in athletics.

Meanwhile, a “Made by History” article in the Washington Post explains how the current wave of anti-transgender state legislation restricting athletics is a continuation of old arguments. The Department of Justice says the laws will not stand. The issue will continue making headlines in the coming year.

Not just athletics

Just a few years after Title IX passed, women students at Yale University filed the first Title IX lawsuit to stop sexual harassment and assault on campus, Alexander v. Yale. If you create a Google Alert for “Title IX” you’ll see dozens of articles every day about sexual harassment and assault against students of all sexes, genders, and sexual orientations. Like this one in Huntsville, Ark. And about inadequate programs to deal with it all. The Office for Civil Rights is moving to undo the Trump Administration’s changes to Title IX regulations. Trump made it easier for schools to ignore the problem. Activism against sexual violence will share the spotlight as we approach Title IX’s 50th.

The law bans sex discrimination in many other ways too. Employment hiring and pay. Pregnancy. Dress codes. Discipline policies. Bullying. Retaliation. You’ll likely see cases like these in the coming year too.

And, of course, books, films and articles will be coming out about Title IX history, including my book in Spring 2022.

The roots of struggle persist

When Title IX advocates in the photo above gathered to celebrate its third birthday in 1975, they neared the end of a hard-fought battle to make sure the law’s new regulations covered athletics. Let me say that again. Three years after Title IX became law, they had to beat back strong campaigns to exempt athletics. Discrimination in sports would have been perfectly legal if men’s coaches and athletics administrators had their way.

But women’s advocates succeeded. What most athletics departments are doing is not legal. Today, the struggle continues to get everyone to comply with the law. To not discriminate. To be fair. Even after nearly 50 years.

Happy birthday, Title IX. And if you’ve every stood up against sex or gender discrimination in education, treat yourself to a slice of cake.

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