Cinderella's New Ball: The History and Outlook of Title IX as it Celebrates its Fortieth Year

Abstract

Though Title IX legislation was not originally intended to specifically regulate college athletics, its interpretation has changed the face of intercollegiate sports and the way university athletic departments conduct business. The brief language of Title IX left room for numerous ambiguities to be resolved through executive clarifications and judicial rulings. Despite varying degrees of Title IX’s applicability throughout history, the law has generally seen an increase in scope that now includes nearly all aspects of college sports. While hundreds of groups and individuals have challenged Title IX legislation and those who violate it, athletic departments have been forced to adjust and comply with the constantly evolving regulations Title IX places on intercollegiate athletics. Women have gone from being a heavily underrepresented minority in higher education and college athletics prior to Title IX, to having mainstream acceptance today. Their rise to prominence against a history of discrimination has been nothing less than a Cinderella story. As 2012 marks the fortieth anniversary of the enactment of Title IX, many questions about the current and future status of the law remain unanswered.

This article will first examine the history of college athletics and the evolution of women’s sports. It will then discuss Congress’ role in creating Title IX legislation and the changes it has made to Title IX since its inception. Next, the article will look at how the courts have dealt with interpreting Title IX, first from challenges to schools accused of discriminating against female athletes, then to challenges against schools accused of reversely discriminating against male athletes. The article ends with a discussion about some of the unintended negative effects Title IX has imposed on women’s sports, as well as issues and solutions that may shape the future of Title IX’s evolution.

Keywords: Title IX, sports law, entertainment law, gender, discrimination, college, athletics