By Ellen Rugeley
Title IX became the center of attention when The American Sports Council (ASC) filed suit this summer against the U.S. Department of Education (DOE), claiming that using gender quotas to enforce Title IX in high school athletic programs is in violation of the Equal Protection Clause and is thus unconstitutional. The suit, American Sports Council vs. Department of Education, was filed on behalf of the ASC by attorneys at the Pacific Legal Foundation (PLF) in the U.S. District Court for the District of Columbia.
The Fairness of Title IX enforcement on high school sports has been a national issue ever since the National Women’s Law Center (NWLC) filed complaints with DOE’s Office of Civil Rights alleging discrimination against female athletes in 12 different school districts based on gender balance in their sports programs.
According to Eric Pearson, the council’s chairman, these complaints are what concern them. The ASC is arguing that the three-part test stating that schools must have male and female athletes in proportion to their enrollment, show a pattern of expanding opportunities for females or prove that the sports interests of females have been met, will result in quotas and the elimination of boy’s sports teams,. As a result they’re seeking a court order to stop the department from using it. “We are trying to prevent boys from being punished,” he said.
Jim Bradshaw, Education Department spokesman, called the test a “valuable tool,” claiming that it ensures a level playing field for all students. He added, “It plays a critical role in ensuring a fundamental level of fairness in America’s schools and universities.”
There are currently 1.3 million more boys participating in high school sports than girls. Although Title IX does not require sex-based quotas in high school sports, quota activists have been using this information to intimidate high school districts by accusing them of being in violation of Title IX based on the gender imbalance in their athletic departments. ASC Chairman, Eric Pearson added, “This pattern of legal intimidation needs to stop.”
Acting on behalf of the ASC, PLF’s legal team formally petitioned DOE in 2007 to revise or repeal current Title IX enforcement guidelines, alleging that they did not clearly establish whether or not the law requires high schools to use strict quotas to comply with the law. However, the agency refused.
The current lawsuit argues that DOE acted arbitrarily and capriciously when it denied the earlier petition, and thus must amend, clarify or repeal guidelines used to promote gender-based quotas in high school sports.
