Thirty years after its creation, Title IX is back on the political agenda -- and up for possible revision.
Title IX, the 1972 law that prohibits sex discrimination in any educational program that receives federal assistance, is being formally re-evaluated by the Commission on Opportunity in Athletics, a committee created by the Bush administration's secretary of education.
An expression of the often-widespread resistance to Title IX, especially in conservative circles, the commission has until Jan. 2003 to decide if, and exactly how, to amend the watershed legislation.
The commission is made up of 15 members appointed by the secretary of education and is comprised mainly of advocates for women's sports. Cynthia Cooper, head coach of the Phoenix Mercury basketball team, and Ted Leland, athletic director of Stanford University and formerly the athletic director at Dartmouth, are serving as the co-chairs.
Title IX was signed into law by President Richard Nixon in June of 1972. Originally it was seen as "temporary" legislation that would be superseded by the Equal Rights Amendment. But the ERA was never ratified, and Title IX has played a much greater role in American education than was originally anticipated.
Over the years, Title IX has encountered various waves of opposition and support.
In the 1970s some lawmakers tried, but failed, to overturn the legislation.
Still, Title IX was hardly relevant until several years after its passage.
In 1979, the Department of Education interpreted the legislation in a new way by creating a section known as the "three-part test" -- in effect making Title IX enforceable. That new enforcement code made Title IX what it is today.
During the Reagan years, Title IX was very much weakened by a Supreme Court ruling that separated athletics from Title IX. But three years later, athletics were reincorporated into the statute under the Civil Rights Restoration Act.
In the early 1990s, the Department of Education published the Title IX Investigation Manual and the Equity in Athletics Disclosure Act, which states that any coeducational institution of higher learning that receives any federal aid and has an intercollegiate athletics program is required to disclose certain information concerning their athletics program.
As a result, the Clinton years saw Title IX be put to the test, with legal challenges appearing from many sides. But Title IX was upheld by the courts, making the Bush commission the new policy laboratory for what will become of the legislation.
The major question now is whether the political balance and lobbying muscle is on the side of the opponents or proponents of Title IX.
One vocal opponent, a Washington lobbying group called the Independent Women's Forum, has been pumping out anti-Title IX pamphlets and issued a 35-page report to D.C. policymakers that says Title IX detracts from men's athletic programs.
Proponents of maintaining Title IX in its current form argue that the legislation has not yet accomplished its full goal, and that reversal of some parts of the bill would amount to a step back in time.
For example, the debate has recently resumed in California, where an independent evaluator has been hired to investigate if men and women actually have the same opportunity to participate in California school-sponsored athletics. In California, 58.7 percent of competitive athletes remain male, although the majority of students are women.
Both opponents and proponents agree that the law's impact has been profound. One major result of this law has been the near accomplishment of gender equity in college sports -- mostly through equal funding -- and another has been the elimination of different admissions standards for men and women in higher education, graduate and vocational schools.
In 1972, only one in 27 high school girls played a sport. According to the Women's Sports Foundation, in 2001 one in every 2.5 girls played.
But Title IX supporters say much more progress needs to be made.
"The intent of the law has not been fully reached," women's studies Professor Mary Turco said. "We still don't have equal opportunity and we certainly need the law to address some of the problems that persist in American education."
Some Washington players agree with that assessment.
"NCAA research shows that of every three new dollars going into college athletic programs over the last five years, two go to men's sports and only one to women's sports," said Donna Lopiano, executive director of the Women's Sports Foundation.
Those adamant that Title IX be reworked complain that vital men's sports programs are being eliminated from schools on unfair grounds. They say men's Olympic sports -- namely swimming, gymnastics, and wrestling -- face elimination because it is impossible to add women's sports programs while maintaining the men's sports at the current level.
One notable example of women's sports suffering even with Title IX is a case called Cohen v. Brown University in the 1990s. Brown was found to be discriminatory after Amy Cohen, a female gymnast at Brown, demanded that women's sports funding not be cut. The ruling required that funds remain at existing levels, and the ruling was hailed by feminists.
Between now and January of 2003, the Bush commission is left to sort through the gender politics that surround Title IX.
Donna DeVarona, a member of the commission, supports the continuation of Title IX and said that she has been pleased with the review process so far.
"I've seen the door open to virtually millions of women because of this law," she said. "I was interested in this exercise because I feel strongly that we have to continue to protect and promote our Olympic sports in our educational institutions."
Other members include Bob Bowlsby, director of men's athletics at the University of Iowa; Julie Foudy, president of the Women's Sports Foundation and Captain of the U.S. National Women's Soccer Team; Mike Silve, commissioner of Conference USA; and Donna De Varona, chair of the U.S. Olympic Committee Government Relations Committee, two time Olympic gold medal winner in swimming and co-founder of the Women's Sports Foundation.
