Pros And Cons Of Title IX

From 1988 to 2000 there have been rules passed, legislation that has failed, and legislation denied a hearing regarding Title IX. The most recent laws and acts that have passed have come between February 20, 2001, and June 23, 2012. In 2001 the Supreme Court declared a conundrum with the Tennessee Secondary School Athletic Association (TSSAA) in the case Brentwood v. Tennessee Secondary School Athletic Association. The court found that the TSSAA was in violation of Title IX stating “the Equal Protection Clause of the 14th Amendment applies to athletic associations in gender equity suits” (“History”). As the TSSAA was found to be a state actor, it was held to the same standards as government offices regarding First and 14th Amendment matters.

Because of this filing the United States Department of Justice filed what they called, “a motion to dismiss on narrow procedural grounds a complaint filed in federal court against the U.S. Department of Education attacking the three-prong test developed for schools to determine their compliance with Title IX in women’s athletics programs” (“History”). After many arguments and complaints, The United States Secretary of Education, Rod Paige, announced a very important and concrete addendum pertaining to the Commission on Opportunities in Athletics. The purpose of this act was to, “collect information, analyze issues and obtain broad public input directed at improving the application of current Federal standards for measuring equal opportunity for men and women and boys and girls to participate in athletics under Title IX”

This will effectively ensure that Title IX remains relevant, purposeful, and necessary to the furtherance of equality in mid-level athletics. Accompanying, the Office for Civil Rights of the United States Department of Education developed more of a focus on Intercollegiate Athletics Policy, particularly in relation to all matters Title IX. Stemming from this restructuring, originating in the Office for Civil Rights of the United States Department of Education, Title IX slowly started to become less hotly debated on a Congressional level. This was not, however, without its drawbacks. In 2005, the department acquiesced and adopted a nonbinding policy that created an environment where schools would send interest surveys to students inquiring about their athletic intentions and interests. If much interest does not come back from a certain sport or a certain gender, the school does not have to add any sports to their programs. However, in the sports that have been established, they are obligated to continue following the rules of Title