The Evolution of Women’s Soccer in the U.S.
Once celebrated for its soccer excellence, largely attributable to the impact of Title IX, the United States women’s soccer team now faces a changing landscape following a disappointing World Cup performance. Spain, the new world champions, emerged as a youthful powerhouse, emphasizing the role of the next generation in maintaining the game’s competitiveness. As seasoned players like Megan Rapinoe retire and other veterans age, numerous emerging talents will seize the opportunity to secure regular spots in the squad. This transformation underscores the need for a robust youth development system, mirroring the success of international academies. Fortunately, the landmark antitrust lawsuit in O.M. v. Nat’l Women’s Soccer League, LLC has paved the way for young females to access professional soccer, ensuring a pipeline of fresh talent. With abundant resources and a wealth of talent, the United States is poised for a resurgence to the top in women’s soccer.
Olivia Moultrie’s Trailblazing Journey
Olivia Moultrie’s journey began at the age of 13 when her family relocated from California to Oregon to facilitate her training with the Portland Thorns. At just 15 years old, she made headlines by challenging the National Women’s Soccer League (NWSL) Age Rule, which stipulated that players must be at least 18 years old to compete professionally. In the case of O.M. v. Nat’l Women’s Soccer League, LLC, Moultrie argued that this rule unfairly restricted young female’s access to professional soccer, thereby violating antitrust laws.
Antitrust Arguments in the Lawsuit
Moultrie’s legal battle finds precedence in the annals of sports history. Notably, Spencer Haywood’s successful challenge to the NBA’s restrictive rule serves as a compelling example, revealing the harm incurred by limiting player access to the market. Yet, the heart of Moultrie’s lawsuit centered on antitrust considerations in U.S. soccer.
Section 1 of the Sherman Act prohibits agreements that unreasonably restrain competition, including those in professional sports. As the sole professional women’s soccer league in the U.S., the NWSL stands as a monolith without significant competition, rendering it susceptible to antitrust scrutiny.
Moultrie’s case contended that the Age Rule had a significant impact on interstate commerce. With twelve teams located in twelve different states, and growing, the NWSL regularly engaged in interstate travel for games and broadcasted matches across the United States, highlighting its role as a relevant market in economic competition.
The NWSL also falls under antitrust scrutiny since it operates as a unified organization with member teams collaborating to enforce the Age Rule, as substantiated by its governing documents and the annual reaffirmation of compliance. These affirmations represent affirmative agreements by the member teams to adhere to and enforce NWSL rules, including the Age Rule, which results in a coordinated effort between the NWSL and its member teams to restrict the player market competition. This collective action establishes the NWSL as an entity subject to antitrust evaluation, as it curtails player market dynamics within the league.
Furthermore, Moultrie’s lawsuit challenged the NWSL’s proffered benefits of the Age Rule, contending that they did not genuinely improve or diversify competitive choices. Instead, these benefits appeared to only minimize the league’s operational expenses, a point supported by the Defendant’s own brief. In fact, our nation’s male counterpart, Men’s League Soccer (MLS) thrived without a similar rule in place.
Although the NWSL sought to utilize the non-statutory labor exemption commonly associated with unions, it was determined that there was no active collective bargaining agreement between the NWSL and the Players Association (PA) during that period. The Age Rule predated the NWSL’s acknowledgment of the PA and the onset of collective bargaining. This pivotal difference rendered the NWSL ineligible for the exemption, as neither the Age Rule nor any of the NWSL’s existing rules had been subject to negotiation and written agreement with the PA.
In summary, Olivia Moultrie’s successful lawsuit against the NWSL challenged the league’s Age Rule on antitrust grounds, emphasizing the harm it caused to young female players, the lack of legitimate procompetitive justifications, and its impact on interstate commerce. The case highlighted the need for equal opportunities in professional soccer, particularly for young female talents, and it has helped reshape the landscape of women’s soccer in the United States.
In 2022, the NWSL implemented specific rules tailored for players under 18, creating opportunities for a surge of young women to enter the league. Several young talents, including high schooler Alyssa Thompson and 15-year-olds Melanie Barcenas and Chloe Ricketts, had to take unconventional paths to join the NWSL. Thompson, the top overall pick, trained with the under-17 Total Futbol Academy boys’ team in MLS Next, while Ricketts played for the Michigan Tigers 2007 Boys Gold, under-15 national champions. These emerging talents, among six teenagers in the league, provide the next generation an opportunity to develop alongside top-tier professional talent in the NWSL, without the need to compete with male players.
Title IX and Women’s Soccer Growth
Title IX, enacted in 1972, revolutionized women’s soccer in the United States by prohibiting gender-based discrimination in educational institutions, significantly boosting female sports participation. Women’s participation in high school and college athletics surged after the passage, and no sport has added more players than soccer.
This transformation created a robust system of club teams, offering opportunities for athletes to catch the attention of college coaches. The youth game expanded, with university teams effectively becoming a farm system for the elite world stage. “It transformed the United States into an unrivaled incubator of female athletic talent.”
The influx of international talent to the United States fueled the rise of a dominant U.S. women’s national soccer program. The 1991 FIFA Women’s World Cup-winning team was essentially the University of North Carolina team, coached by Anson Dorrance, who also led the USWNT from 1986 to 1994. Title IX’s impact is clear today, with 137 NCAA-experienced players across 76 schools representing 21 national teams. Canada leads in NCAA representation with 22 players, followed by Jamaica with 17, the Philippines with 13, and New Zealand with 12, highlighting the impact of U.S. collegiate soccer globally.
While this transformation unfolded in the United States, a stark contrast was evident internationally. Alexia Putellas, at just 29 years old, boasts an impressive list of accomplishments, including winning the UEFA Women’s Champions League, La Liga F, Copa de la Reina, and the Spanish Supercopa with Barcelona, along with two Ballon D’Or awards, multiple Player of the Year honors, and two FIFA Best awards. Her journey began at age seven when she joined Sabadell, the only youth team in the Barcelona area with a dedicated girls section. After only a year at Barcelona’s La Masia academy and finding no girls’ team for her age group, she moved on to Espanyol’s girls’ team, then debuted at the senior level at a remarkably young age of just 16 years old.
Professional women’s soccer leagues and clubs worldwide are creating alternative pathways for players. Spain’s Women’s World Cup roster, for instance, doesn’t include any players with U.S. college experience, while Germany has only one such player, in contrast to England with four, including three former Tar Heels. In the U.S., three players (Lindsey Horan, Trinity Rodman, and Alyssa Thompson) have chosen to turn professional earlier instead of pursuing college soccer, a trend likely to grow as the women’s game offers better pay and talent development. The growth of professional women’s soccer in Europe and other regions will challenge American dominance, as women’s participation in organized football has increased significantly, reaching a total of 16.6 million players, with the substantial proportion being in Europe. While Title IX undeniably played a pivotal role in advancing women’s soccer worldwide, the current landscape suggests that the path to success in the sport has shifted towards going professional or joining academies and clubs, as these avenues have demonstrated greater effectiveness in talent development on the global stage.
Conclusion
To catch up with the rest of the world in women’s soccer, the United States must address these challenges and build a robust youth development system. While legal battles such as Olivia Moultrie’s case have undoubtedly opened doors for young talents, comprehensive reforms are imperative. Leveraging the legacy of Title IX and the sport’s growth, the nation must invest in youth development, gender equality, and league structural improvements. As the 2024 Summer Olympics approach, the U.S. has an opportunity to bounce back and reaffirm its premier status in women’s soccer. The power lies within the youth.
Katelyn Kohler is a second-year law student at Suffolk University in Boston, specializing in Sports & Entertainment, Labor & Employment, and Intellectual Property Law. She holds dual degrees from Ithaca College in Business Administration: Sports Management and Legal Studies. With a passion for these fields, Katelyn is dedicated to pursuing a legal career that combines her love for sports and the law.
