Abstract
Chapter 8 pulls together the main ideas and insights of the book, explaining how Title IX came about. It then discusses what came after. The 1980s saw continual efforts to weaken the law, including the Grove City case that decimated Title IX’s effectiveness, eventually remedied by the Civil Rights Restoration Act. In succeeding decades, men’s athletics continued its earlier resistance, resulting in Department of Health, Education, and Welfare’s (HEW’s) Three-Part Test to guide compliance. Title IX’s meaning has further evolved, particularly with the issue of sexual harassment, a concept that did not exist when the law was passed. The chapter ends with concluding thoughts.
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Notes
- 1.
“Statement by Caspar W. Weinberger,” June 26, 1975, 1, ID 49.13, MC530, MD.
- 2.
“Enforcing Title IX: A Report of the U.S. Commission on Civil Rights” (Washington, DC: GPO, 1980), 18–19, 34–40, ID 34.10, MC530, MD.
- 3.
Millsap, “Advocates for Sex Equity in Federal Education Law,” 62–80, 84–85, 90–95.
- 4.
Cannon v. University of Chicago, 441 U.S. 677 (1979); Gelb and Palley, Women and Public Policies, 113; Busch and Thro, Title IX, 46–47.
- 5.
Gelb and Palley, Women and Public Policies, 115–117.
- 6.
Quote in Ryan, Feminism and the Women’s Movement, 99. Gelb and Palley, Women and Public Policies, 113; Bob Lyke and Rick Holland, Federal Policies and Programs Relating to Sex Discrimination (Washington, DC: Congressional Research Service, 1985), 3–4, ID 84.14, MC 530, MD; Millsap, “Advocates for Sex Equity in Federal Education Law,” 123–145.
- 7.
U.S. Office for Civil Rights, “Elimination of Sex discrimination in Athletic Programs.”
- 8.
Grove City College v. Bell, 465 U.S. 555 (1984). Suggs, A Place on the Team, 88–89; “Grove City College v. Bell—Facts and Case Summary.”
- 9.
For the Civil Rights Restoration Act of 1987, see P.L. 100–259. “Dangerous” is from Boston Globe, March 23, 1988, quoted in Millsap, “Advocates for Sex Equity in Federal Education Law,” 231. Suggs, A Place on the Team, 90–92; Gelb and Palley, Women and Public Policies, 120; “Congress Overrides the President’s Veto of the Civil Rights Restoration Act”; Sandler, The Restoration of Title IX.
- 10.
Barbara [Dixon] to Senator [Bayh], April 25, 1977, and June 14, 1977, F Dixon- Memos, B LA, 95th Cong., BB.
- 11.
Hollingsworth, “Sex Discrimination—Title IX Applies to Employees,” 249–61.
- 12.
Cheryl M. Fields, “Women’s Groups Sue,” Chronicle of Higher Education (July 16, 1979), 9–10, ID 42.28, MC500, WEAL.
- 13.
Harold Howe, “Sex, Sports, and Discrimination,” Chronicle of Higher Education (July 18, 1979), ID 1.14, MC530, MD.
- 14.
U.S. Office for Civil Rights, “A Policy Interpretation”; U.S. Office for Civil Rights, “Clarification of Intercollegiate Athletics Policy Guidance”; Brake, Getting in the Game, 68–71, 81–82.
- 15.
“In Celebration of the 30th Anniversary of Title IX,” 13370–13372.
- 16.
Mink et al. to Page, March 8, 2002, F 6, B 1693, PTM.
- 17.
RLV to PTM, “Title IX: Recent Lawsuits Filed by Wrestling Coaches,” May 7, 2002, F 1 B 4021, PTM; Hogshead-Makar and Zimbalist, “The Second Backlash,” 179–187; Suggs, A Place on the Team, 153–174.
- 18.
“Testimony of the Honorable Birch Bayh,” June 27, 2002, F 6, B 2041, PTM.
- 19.
Lopiano quoted in Bill Pennington, “Men’s Teams Benched as Colleges Level the Field,” New York Times, May 9, 2002, F 1, B 2041, PTM.
- 20.
Cooky, “Women, Sports, and Activism,” 608.
- 21.
Kyle Swenson, “Who Came Up With the Term ‘Sexual Harassment’?” Nov. 22, 2017, Washington Post; Sandler, “Title IX: How We Got It and What a Difference It Made,” 484–486. Busch and Thro, Title IX, 2, use “transformation” for instances when Title IX was changed beyond its original public meaning.
- 22.
Franklin v. Gwinnett School District, 503 U.S. 60 (1992); Gebser v Lago Vista School District, 524 U.S. 724 (1998); Davis v. Monroe Co. Board of Education 526 U.S. 629 (1999); Busch and Thro, Title IX, 48–59.
- 23.
U.S. Office for Civil Rights, “Dear Colleague Letter: Sexual Violence.”
- 24.
Busch and Thro, Title IX, 71–79.
- 25.
Busch and Thro, Title IX, 15, 83.
- 26.
“U.S. Department of Education Confirms Title IX Protects Students from Discrimination Based on Sexual Orientation and Gender Identity.”
- 27.
National Center for Education Statistics, “Fast Facts: Title IX,” Tables 303.40, 318.30.
- 28.
For reports on gender-biased issues, see National Coalition for Women and Girls in Education, Title IX at 45.
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Tamura, E.H. (2022). Conclusion: Making Sense of How It Happened (and What Came After). 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_8
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