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Backlash to Title IX

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We Too! Gender Equity in Education and the Road to Title IX

Part of the book series: Historical Studies in Education ((HSE))

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Abstract

Chapter 7 examines continued resistance to the enforcement of Executive Order (EO) 11375 and the powerful lobby that surfaced to weaken Title IX soon after it was enacted. Awakened by the thought that women athletes would siphon off monies enjoyed by men’s teams, the National Collegiate Athletic Association launched a major campaign to exempt revenue-producing intercollegiate sports from the new statute. This casteist effort to keep men’s athletics at the top of the hierarchy won supporters in Congress and created considerable obstacles to the development of the law’s regulation, which, in turn, stalled effective enforcement. The National Coalition for Women and Girls in Education responded, exemplifying the strength of weak ties in a social network. Intentionally structured as a loose, broad-based alliance of diverse organizations, it had the flexibility to mobilize volunteers to stop the most egregious attempts at weakening Title IX.

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Notes

  1. 1.

    For a chart comparing 1973 laws prohibiting sex discrimination in education, see Sandler, “Sex Discrimination, Educational Institutions, and the Law,” 613–635.

  2. 2.

    Holmes’ email to author. For an account of the passage of Title IX and subsequent regulation development, see Fishel and Pottker, National Politics and Sex Discrimination in Education, 95–135.

  3. 3.

    HEW, Memorandum for Presidents of Selected Institutions of Higher Education, May 4, 1973, ID 1.11, MC530, MD.

  4. 4.

    Sandler to Burton Taylor, May 4, 1973, ID 1.11, MC530, MD.

  5. 5.

    WEAL, “For Immediate Release,” [March 1973], ID 47.21, MC558, BS.

  6. 6.

    Bernice [Sandler] to Peter [Holmes], July 24, 1973, ID 13.5, MC 557, PSEW. HEW’s OCR handled complaints regarding Title IX and EO 11246-11375, and Title VI of the Civil Rights Act of 1964.

  7. 7.

    “Title IX Enforcement was Stalled at the Start, PEER Reports,” Women Today 8, no. 3 (Feb. 6, 1978), ID 42.28, MC500, WEAL.

  8. 8.

    Sandler quote from Sandler interview by Boschert, July 25, 2014. Joe Falls, “They’re Acting Like Boys: Girls Are Taught to Get Tough,” Sporting News, Jan. 4, 1975, 18, ID 23.8, MC530, MD; Jack Scott, “The Male Athletic Director,” ID 23.9, MC530, MD.

  9. 9.

    Dorothy Harris, Women in Sports ([no city]: Len and Felinger, 1974), 192–209, quote on 209, ID 23.8, MC530, MD.

  10. 10.

    Nash et al., “The Role of Government in Advancing Gender Equity in Education,” 65.

  11. 11.

    Dixon interview by author.

  12. 12.

    “Tower Amendment Concerning Sex Discrimination in Intercollegiate Athletics,” [1974], ID 2.14, MC530, MD.

  13. 13.

    Sandler interview by Reid.

  14. 14.

    Quotes from Berman phone interview by author; Stapleton interview by author.

  15. 15.

    Feeney interview by author.

  16. 16.

    MW to Bunny, “Re Tower Amendment,” May 21, 1974, ID 2.14, MC530, MD; Sandler phone interview by Boschert.

  17. 17.

    Nancy Scannell, “Title 9 Amendment Worries Women,” The Washington Post, June 4, 1974, D5, ID 2.14, MC530, MD.

  18. 18.

    “The Tower Amendment to the Elementary and Secondary Education Act,” [May 1974], ID 2.14, MC530, MD; Dixon interview by author. On five senators present, see Millsap, “Sex Equity in Education,” 98–99.

  19. 19.

    Millsap, “Advocates for Sex Equity in Federal Education Law, 31–32; Millsap, “Sex Equity in Education,” 97–98.

  20. 20.

    Quote from Sandler interview by Boschert, July 25, 2014. PSEW, What Constitutes Equality for Women in Sport?; Sandler phone interview by Boschert.

  21. 21.

    Knox interview by Reid and Dunkle.

  22. 22.

    Millsap, “Advocates for Sex Equity in Federal Education Law, 35–36; Millsap, “Sex Equity in Education,” 91–119; Holly Knox, “Education Task Force—Options for the Future,” draft, Oct. 2, 1975, ID 132.3, MC 557, PSEW.

  23. 23.

    Dunkle to Education Task Force, Nov. 5, 1975, ID 9.12, MC 557, PSEW; Millsap, “Advocates for Sex Equity in Federal Education Law,” 54–56.

  24. 24.

    Van Dyke and McCammon, “Introduction: Social Movement Coalition Formation,” xiv–xv.

  25. 25.

    Millsap, “Advocates for Sex Equity in Federal Education Law,” 1, 7.

  26. 26.

    Van Dyke, “Movement Emergence and Resource Mobilization,” 365.

  27. 27.

    “NCWGE,” Jan. 1976, ID 132.2, MC 557, PSEW; Margaret Dunkle, “Some Assumptions Regarding Coalition Meetings with Government and Other Officials,” July 11, 1976, ID 132.3, MC 557, PSEW; NCWGE Meeting Notice Mailing List, Jan. 23, 1976, ID 132.3, MC 557, PSEW; Sandler phone interview by Boschert; Millsap, “Advocates for Sex Equity in Federal Education Law,” 52–54.

  28. 28.

    Roth, Separate Roads to Feminism; Breines, The Trouble between Us.

  29. 29.

    Millsap, “Advocates for Sex Equity in Federal Education Law,” 217.

  30. 30.

    Guenther, “The Strength of Weak Coalitions,” 135.

  31. 31.

    Millsap, “Advocates for Sex Equity in Federal Education Law,” 57–58, 244–245, 263.

  32. 32.

    Millsap, “Advocates for Sex Equity in Federal Education Law,” 10–14, 206–220; Polletta, Freedom Is an Endless Meeting, 2–3, 149–150, 159–161.

  33. 33.

    Millsap, “Advocates for Sex Equity in Federal Education Law,” 206, 217–220.

  34. 34.

    Sandler interview by Reid, 20, 23; Millsap, “Advocates for Sex Equity in Federal Education Law,” 206, 217–220.

  35. 35.

    Sandler interview by Reid.

  36. 36.

    Sandler interview by Reid.

  37. 37.

    Dixon interview by author.

  38. 38.

    Millsap, “Sex Equity in Education,” 98–99; Millsap, “Advocates for Sex Equity in Federal Education Law,” 32–35.

  39. 39.

    Holmes email to author.

  40. 40.

    Holmes’ phone interview by author, March 15, 2016.

  41. 41.

    Millsap, “Sex Equity in Education,” 98–99; Millsap, “Advocates for Sex Equity in Federal Education Law,” 32–35; Sandler phone interview by Boschert.

  42. 42.

    Millsap, “Advocates for Sex Equity in Federal Education Law,” 38.

  43. 43.

    Arvonne Fraser to Gerald Ford, May 6, 1975, ID 132.2, MC 557, PSEW; Organizations and Official Representatives, May 13, 1975, ID 132.2, MC 557, PSEW; Millsap, “Advocates for Sex Equity in Federal Education Law,” 38.

  44. 44.

    Sandler interview by Reid.

  45. 45.

    Millsap, “Advocates for Sex Equity in Federal Education Law,” 38.

  46. 46.

    Millsap, “Advocates for Sex Equity in Federal Education Law,” 40–41; “Title IX History: The Living Law.”

  47. 47.

    Quotes from Gregory interview by MCD. Gregory interview by Reid and Dunkle; Wiener interview by Reid.

  48. 48.

    Holmes’ phone interview by author, March 22, 2016.

  49. 49.

    Knox interview by Reid and Dunkle, 12–13.

  50. 50.

    William Delaney, “Sex Rules for Schools Face Bleak Reception by Congress,” Washington Star, June 4, 1975, F 2, B 185, PTM.

  51. 51.

    Gelb and Palley, Women and Public Policies, 99–100.

  52. 52.

    Darrell Royal, “[Testimony],” American Football Coaches Association, June 18, 1975, ID 49.12, MC530, MD; Millsap, “Advocates for Sex Equity in Federal Education Law,” 43.

  53. 53.

    Laurie Mabry, [Draft Testimony to Subcommittee], June 18, 1975, ID 49.12, MC530, MD.

  54. 54.

    Birch Bayh, “Testimony for House Hearings on Title IX Regulations,” 8–10, June 23, 1975, ID 49.12, MC530, MD.

  55. 55.

    “Statement by Caspar W. Weinberger,” June 26, 1975, 3–4, 10, ID 49.13, MC530, MD.

  56. 56.

    Mary-Ann Millsap, “Advocates for Sex Equity in Federal Education Law,” 44–46; Margaret C. Dunkle and Bernice Sandler, Sex Discrimination against Students: Implications of Title IX of the Education Amendments of 1972 (Washington, DC: PSEW, AAC, Nov. 1975), 28, ID 2.3, MC530, MD; Pasquale and Dunkle, “An Upset Victory for Women,” 10.

  57. 57.

    For the final regulation, see OCR, HEW, Final Title IX Regulation Implementing Education Amendments of 1972, Effective Date July 21, 1975, June 1975; and HEW, “Non Discrimination on Basis of Sex: Education Programs and Activities Receiving or Benefitting from Federal Financial Assistance,” Federal Register, 40, no. 108 (June 1975), F “Regulations, HEW Final, June 1975,” B JC-19, BB.

  58. 58.

    “Fr: Margaret Dunkle, re Title IX,” notes, July 10, 1975, F 2, B 185, PTM.

  59. 59.

    “Title IX: A Summary of the Implementing Regulations,” [1975], ID 1.12, MC530, MD; Norma Raffel, Title IX: How It Affects Elementary and Secondary Education (Denver: Education Commission of the States, 1976), ID 51.7, MC530, MD; “Title IX, Educational Amendments of 1972, Rules and Regulations,” Federal Register 45:92 ([recodified] May 9, 1980), ID 1.12, MC530, MD.

  60. 60.

    OCR Director to Chief State School Officers, Superintendent of Local Educational Agencies, and College and University Presidents, “Elimination of Sex Discrimination in Athletic Programs,” September 1975, ID 1.2, MC530, MD; Dunkle, “New Rules for An Old Game,” 1–2; PEER, “Summary of the Regulation for Title IX Education Amendments of 1972, [1975], ID 2.1, MC530, MD; PEER, “Anyone’s Guide to Filing a Title IX Complaint,” Aug. 1977, ID 1.12, MC530, MD. Norma Raffel, Title IX, How It Affects Elementary and Secondary Education, cited above, spelled out the requirements in detail and provided guidance for implementation.

  61. 61.

    Quote from OCR director to chief state school officers, superintendent of local educational agencies, and college and university presidents, “Elimination of Sex Discrimination in Athletic Programs,” 9, Sept. 1975, ID 1.2, MC530, MD. Dunkle, “New Rules for An Old Game.” HEW updated the regulation in 2006: Klein, “Examining the Achievement of Gender Equity,” 4. HEW issued clarifications in succeeding years: Busch and Thro, Title IX, 28.

  62. 62.

    Margaret C. Dunkle and Bernice Sandler, Sex Discrimination against Students: Implications of Title IX of the Education Amendments of 1972 (Washington, DC: PSEW, AAC, 1975), 28, ID 2.3, MC530, MD.

  63. 63.

    PSEW, “Title IX of the Education Amendments of 1972, as Amended,” March 1979, ID 2.1, MC530, MD; National Advisory Council on Women’s Educational Programs, “The Education Amendments of 1976: Impact on Women and Girls Concerning Title IX and Other Amendments,” [1976], ID 2.1, MC530, MD.

  64. 64.

    Arvonne to Doris, July 17, 1975, ID 47.21, MC558, BS; “Conference Report on H.R. 5901,” Congressional Record–House; “Education Division and Related Agencies Appropriations, 1976—Conference Report,” Congressional Record—Senate; “Education Division and Related Agencies Appropriations, Fiscal Year 1976,” Congressional Record—House. Mink’s 30th anniversary speech discusses the emergency that caused her to leave the House floor, but there is an error. Mink stated that the Casey amendment focused on intercollegiate athletics, but the House and Senate debates in the Congressional Record show that the issues were honorary sororities and fraternities and integrating physical education classes. For Mink’s speech, see “In Celebration of the 30th Anniversary of Title IX,” House of Representatives, Proceedings and Debates of the 107th Congress, 2nd sess. 198, no. 97 (July 17, 2002): H4860–H4863, F 6, B 1693, PTM.

  65. 65.

    Millsap, “Advocates for Sex Equity in Federal Education Law,” 47.

  66. 66.

    Arvonne Fraser to Friend, August 27, 1975, ID 2.15, MC530, MD.

  67. 67.

    Arvonne Fraser to Friend, August 27, 1975, ID 2.15, MC530, MD; U.S. Senate, “Prohibition of Sex Discrimination, 1975.”

  68. 68.

    Margaret Dunkle to [Representative], June 30, 1976, ID 10.5, MC 557, PSEW.

  69. 69.

    Gerry interview by Dunkle and Reid. On Ford’s football career, see “Gerald Ford Biography.”

  70. 70.

    Holmes’ phone interview by author, March 15, 2016.

  71. 71.

    Polivy interview by Winston; Suggs, A Place on the Team, 55–65; Nash, et al., “The Role of Government in Advancing Gender Equity in Education,” 65.

  72. 72.

    Polivy interview by Winston.

  73. 73.

    Nancy Hicks, “H.E.W. Chief Declines to Discuss Sex Bias with Women,” New York Times, Nov. 3, 1975, ID 132.2, MC 557, PSEW; “H.E.W. Secretary Agrees to Meet Women’s Groups,” Chronicle of Higher Education, Nov. 10, 1975, ID 132.2, MC 557, PSEW.

  74. 74.

    Quotes from Eric Wentworth, “HEW Antibias Strategy Hit,” Washington Post, Dec. 12, 1975, ID 132.1, MC 557, PSEW. “The National Coalition for Women and Girls in Education Seeks a Commitment from the Secretary of Health, Education and Welfare to Work with Women’s Rights Groups,” Dec. 1975, ID 132.1, MC 557, PSEW.

  75. 75.

    Quote from Margaret Dunkle to Neila Garber, Feb. 26, 1976, ID 10.4, MC 557, PSEW. “Executive Order Enforcement in Colleges and Universities,” Briefing Paper for Meeting with Mathews on Dec. 16, 1975, Draft, Dec. 16, 1975, ID 132.1, MC 557, PSEW; Emily Taylor to Nancy Porter, Dec. 12, 1975, ID 132.1, MC 557, PSEW; Margaret Dunkle, [Press Release], Dec. 17, 1975, ID 132.1, MC 557, PSEW.

  76. 76.

    Dunkle and Taylor to Mathews, Jan. 23, 1976, ID 132.2, MC 557, PSEW.

  77. 77.

    Bunny Sandler to Bea Sebastian et al., March 17, 1976, ID 132.5, MC 557, PSEW; Sandler and Dunkle to Usery, April 6, 1976, ID 132.5, MC 557, PSEW.

  78. 78.

    Fran Moskowitz, “Meeting with HEW Under Secretary Marjorie Lynch,” notes, April 27, 1976, ID 132.3, MC 557, PSEW; Dunkle to Lynch, May 7, 1976, ID 10.4, MC 557, PSEW.

  79. 79.

    Dunkle to Usery meeting participants, July 8, 1976, ID 132.5, MC 557, PSEW; “Issue Paper for Usery Meeting: Enforcement of Executive Orders 11246 and 11375,” [July 1976], ID 132.5, MC 557, PSEW.

  80. 80.

    Raffel to member of Congress, June 11, 1975, ID 3.139, MC 311, WEAL.

  81. 81.

    Jean Hoffenkamp to Lorber, Aug. 30, 1976, ID 132.7, MC 557, PSEW; Dunkle to participants, Aug. 30, 1976, ID 132.7, MC 557, PSEW; Margaret Dunkle, “Agenda for DOL Meeting with National Coalition for Women and Girls in Education,” Sept. 7, 1976, ID 132.7, MC 557, PSEW.

  82. 82.

    Quotes from Doris Seward to Robert Hobson, Aug. 22, 1976, ID 132.7, MC 557, PSEW. Women Employed, “Preliminary Analysis of Proposed Revisions,” Sept. 1, 1976, ID 132.7, MC 557, PSEW; NCWGE, “Proposal for a Title IX Action Program,” draft, Sept. 1976, ID 132.3, MC 557, PSEW.

  83. 83.

    Judith Lichtman and Bill Taylor to Groups Concerned about the Proposed Executive Order Enforcement Regulation on Affirmative Action, Sept. 16, 1976, ID 132.7, MC 557, PSEW; Dunkle to National Coalition for Women and Girls in Education, Sept. 29, 1976, ID 132.7, MC 557, PSEW; [List of forty organizations] to Usery, September 27, 1976, ID 132.7, MC 557, PSEW.

  84. 84.

    Bayh to Lawrence Lorber, Oct. 8, 1976, F Dixon-Correspondence, B LA, 94th Cong., BB. For the 2021 publication of the EO, see U.S. Department of Labor, OFCCP, “Executive Order 11246, As Amended.”

  85. 85.

    Millsap, “Advocates for Sex Equity in Federal Education Law,” 65–68.

  86. 86.

    PEER, Stalled at the Start.

  87. 87.

    Fishel and Pottker, National Politics and Sex Discrimination in Education, 128–131.

  88. 88.

    Knox and Millsap, “Sex Discrimination and Bureaucratic Politics, 49–66.

  89. 89.

    “HEW and Labor Department Sued for Failure to Enforce Laws Prohibiting Sex Discrimination,” WEAL Press Release, Nov. 26, 1974, ID 42.28, MC500, WEAL; “Contract Compliance Suit Against U.S.,” Women Law Reporter, Dec. 1, 1974, ID 42.28, MC500, WEAL; Millsap, “Advocates for Sex Equity,” 37. EO11246-11375 required the DOL to cut federal funds from institutions engaging in sex discrimination in employment; Title IX required the HEW to cut federal funds from educational institutions engaging in sex discrimination; and Titles VII and VIII of the Public Health Services Act required the HEW to cut funds to health-training schools that discriminated by sex in admissions.

  90. 90.

    Legal Defense Fund, “Fact Sheet on Adams v. Bell,” [1982], ID 42.28, MC500, WEAL; Eileen Thornton to Friend of WEAL, April 1978, ID 3,139, MC 311, WEAL.

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Tamura, E.H. (2022). Backlash to Title IX. In: We Too! Gender Equity in Education and the Road to Title IX. Historical Studies in Education. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-031-02074-2_7

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