09/07/2022
How Title IX Changed the World
âEvery girl in Little League, every woman playing college sports, and every parentâincluding Michelle and myselfâwho watches their daughter on a field or in the classroom is forever grateful to the late Patsy Takemoto Mink.â
âPresident Barack Obama, on posthumously awarding Mink the Presidential Medal of Freedom in 2014.
When I was in grade school, I really liked playing softball. BUTâŚthere were no organized teams for it. The boys got to play on the large playground. But the girls had just the narrow street to play on. Jump rope, Red Rover, and Dodge Ball donât count as sports. In high school, the only options were cheerleading and bowlingâneither one of which I could participate in as I lived out of town on a farm and had no transportation to get to these events. Before Title IX, approximately 294,015 high school girls participated in sports (1971-72). In 2018-19, 3,402,733 High school girls participated in sports.
Patsy Takemoto Mink was the first woman of color and the first Asian American woman elected to Congress. Fierce and Fearless is the first biography of this remarkable woman, who first won election to Congress in 1964 and went on to serve in the House for 24 years, her final term ending with her death in 2002. Mink was an advocate for girls and women, best known for her work shepherding and defending Title IX, the legislation that changed the face of education in America, making it possible for girls and women to participate in school sports, and in education more broadly, at the same level as boys and men. She advocated for race, gender, and class equality and promoted peace and environmental justice.
Fierce and Fearless: Patsy Takemoto Mink, First Woman of Color in Congress by Judy Tzu-Chun Wu, NWHM Scholar, and Gwendolyn Mink (NYU Press: May 3, 2022) The first biography of trailblazing legislator Patsy Takemoto Mink, best known as the legislative champion of Title IX.
When I was in grade school, I really liked playing softball. BUTâŚthere were no organized teams for it. The boys got to play on the large playground. But the girls had just the narrow street to play on. Jump rope, Red Rover and Dodge Ball donât count as sports. In high school, the only options were cheerleading and bowlingâneither one of which I could participate in as I lived out of town on a farm and had no transportation to get to these events. Before Title IX, approximately 294,015 high school girls participated in sports (1971-72). In 2018-19, 3,402,733 High school girls participated in sports.
A few years later, when I was out of college, along came a 37-word law that expanded the rights of women on Americaâs athletic fields. And beyond.
"No person in the United States shall, on the basis of s*x, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance.â
My two daughters heard from me often how lucky they were to be able to participate in many sports. They became champion gymnasts, soccer players, softball and more. Nikki had a scholarship for gymnastics at Bowling Green University in Ohio. My three grandchildren have excelled in lacrosse, soccer, softball, volleyball, basketball, track, and tennis. Katie, my oldest grandchild, is now at Ithaca College and is on their equestrian team.
Carol Hutchins has a wonderful story that she likes to tell. I am quoting much of the article from The Christian Science Monitor here as it is well-written by staff writers Kendra Nordin Beato and Tara Adhikari. In her office at the University of Michigan she is surrounded by awards that hint at her status as one of the most successful college coachesâmale or femaleâin the United States. Ms. Hutchins was a freshman varsity basketball player at Michigan State University, living her dream of playing college sports at a time when few women were student-athletes. On that winter day, her team got a fortuitous break: Instead of practicing where they normally did, in the intramural building with its leaky roof and warped floor, the women were working out in Jenison Field Houseâthe big gymnasium where the menâs basketball team played. They were getting ready for a rare double-header in which both the menâs and womenâs teams were hosting major out-of-town rivals.
As the women ran plays, the visiting menâs team walked in with its famous coachârevered by anyone who followed college basketball. He called the womenâs team over. Ms. Hutchins was excited. Surely, she thought, they were going to get a pep talk. Some strategic insights. A motivational anecdote. Not exactly.
âHe said, âYou need to get off the court because nobody gives a damn about womenâs basketball,â Ms. Hutchins recalls. Even today, nearly five decades later, the woman who has gone on to win more games as a college softball coach than anyone else in NCAAâs history winces at the memory. Her eyes flash anger. âHe said it to our faces! I was lit. It definitely changed my world.â
She wonât name the basketball coach outright. She doesnât need to âThis is the thing,â says Ms. Hutchins, who has coached at Michigan since 1983. âThe reason I donât name him is because it could be a lot of them. That was the era.
The reason a comment like that sounds so archaic now, and women like Ms. Hutchins have been given the opportunity to vault to the pinnacle of the college athletic world, is largely because of a sparsely worded law passed on June 23, 1972, that didnât even have the word âsportsâ in it. Title IX simply made it illegal to discriminate on the basis of s*x in educational stings that receive federal funding
Yet the law ushered in a gender revolutionâand has, by many accounts, become one of the most significant pieces of federal legislation to benefit women in the past 50 years.
Today its ripple effects reach into almost every dugout and locker room in America, almost every living room, almost every classroom, and even corporate suites. It has changed the lives of countless individual women--and society itself.
The dramatic rise in the number of girls and women participating in sports is the most cited impact. But the changes extend way beyond that. The law has helped propel more women to get college degrees, provided them some protection against s*xual harassment and assault, and aided them in advancing to corner offices and boardrooms.
Ask almost any womenâs rights advocate or female coach who has traced the lawâs arc of progress over the past 50 years and they will say the work of Title IX is hardly complete. The use and interpretation of Title IX have in fact, been inconsistent since its passing, tossed like a political football under changing administrations. In 1984, President Ronald Reagan tried and failed to limit the laws application to specific programs. In 2005, President George W. Bush suggested colleges dole out federal money to menâs and womenâs sports based on the level of interest in them.
In 2011, President Barack Obama pointedly reminded colleges of their obligations to combat s*xual harassment under the law, while the administration of President Donald Trump narrowed the definition of s*xual misconduct and required that both parties be present at investigative hearings and subject to cross-examination. The current administration is considering extending Title IX protections to transgender students.
Critics have long argued that requiring equal opportunities for women will diminish menâs opportunities. In some ways, they have.
By protecting budgets for revenue-generating programs such as football and menâs basketball, athletic directorsâa majority of whom are maleâcan feel forced to cut smaller programs such as menâs swimming and wrestling in order to fund womenâs programs.
Yet the benefits to women, even if not as much as theyâd like, have been undeniable. The law has helped create a female sports culture where none existed and even relaxed rigid gender stereotypes in society. Ms. Hutchins has seen all the progress of the law, and its pitfalls, up close. At the time, women were entering the workforce in record numbers, but their participation was predominantly in traditional female occupationsâ: nursing, child care, primary education, secretarial work. Girls were barred from auto mechanics and boys from home economics.
In 1970, Bernice Sandler was struggling to find a job. She had a Ph.D. in education but she was not getting any full-time offersâthough her younger male classmates were having no trouble advancing their careers. âYou come on too strong for a woman,â one male faculty member suggested to her as an explanation. Sadler, called the âgodmother of Title IX,â helped initiate a class-action suit that led to the introduction of legislation in Congress. She took action. She joined the Womenâs Equity Action League (WEAL) and began researching federal compliance for contractors. She studied the strategies that activists used in the civil rights movement and how they might apply to women in higher education. In a footnote, Ms. Sandler found a reference to an executive order amended by President Lyndon B. Johnson in 1967 stating that entities receiving federal funding could not discriminate based on race, color, religion, national origin, and s*x. She described this as her âeurekaâ moment.
Universities that received federal aid and failed to hire qualified women and pay them accordingly were in direct violation of the mandate. It was an opening through which the âgodmother of Title IXâ would deploy a full-court legal press. Together with WEAL, Ms. Sandler launched a historic class-action suit, filing more than 250 complaints on behalf of all women in higher education. The avalanche of compliance requests spurred a series of congressional hearings on the issue.
Eventually, Ms. Green and Rep. Patsy Mink, a Democrat from Hawaii, and Democratic Sen. Birch Bayh of Indiana introduced bills in Congress. President Richard Nixon signed into law the 37 words as Title IX of the Education Amendments of 1972. Things began to change quickly.
Ms. Hutchins, was a sports-obsessed 10th-grader who, by her senior year had athletic opportunities beyond cheerleading and informally arranged basketball games against girls at other schools. âWe got our first varsity basketball team and we had a real schedule. We had uniforms, we had buses, and we had cheerleaders. I mean my dream came true. I was so happy.â
Title IX slowly began to spur lawsuits and complaints across the country. And they werenât just expanding womenâs participation in sports. Over the years the law has become a pry bar to open up all kinds of opportunities for women. In one sense it was a way to channel pent-up political energy that had been building since before the 19th Amendment granted women the right to vote in 1920.
She gathered together plaintiffs, with the support f legal theorist Catherine MacKinnon and attorneys at the New Haven Law Collective. They filed a lawsuit in 1977, using an untested argument: By failing to effectively address complaints of s*xual assault and harassment, Yale was violating Title IX. Only one of the plaintiffsâ claims advanced to trial. The rest were dismissed. But a single line written by U.S. Magistrate Judge Arthur Latimer in Alexander v. Yale changed history: âIt is perfectly reasonable to maintain that academic advancement conditioned on submission to s*xual demands constitutes s*x discrimination in education.â It paved the way for grievance procedures in colleges across the nation. âThe successful application of the law to s*xual harassmentâŚas a form of s*x discrimination in educationâŚkicked off a normative shift on college campuses,â says Celene Reynold, a presidential postdoctoral fellow at Cornell University who studies Title IX. But that shift is not complete by any means. Reynolds says, âWeâre not living in a world where s*xual harassment doesnât happen anymore. But we are living in a world where itâs not accepted as part of life in universities.â It is only in the past decade that schools have established robust systems for students to report s*xual harassment under Title IX.
She gathered together plaintiffs, with the support f legal theorist Catherine MacKinnon and attorneys at the New Haven Law Collective. They filed a lawsuit in 1977, using an untested argument: By failing to effectively address complaints of s*xual assault and harassment, Yale was violating Title IX. Only one of the plaintiffsâ claims advanced to trial. The rest were dismissed. But a single line written by U.S. Magistrate Judge Arthur Latimer in Alexander v. Yale changed history: âIt is perfectly reasonable to maintain that academic advancement conditioned on submission to s*xual demands constitutes s*x discrimination in education.â It paved the way for grievance procedures in colleges across the nation. âThe successful application of the law to s*xual harassmentâŚas a form of s*x discrimination in educationâŚkicked off a normative shift on college campuses,â says Celene Reynold, a ppresidential postdoctoral fellow at Cornell University who studies Title IX. But that shift is not complete by any means. Reynolds says, âWeâre not living in a world where s*xual harassment doesnât happen anymore. But we are living in a world where itâs not accepted as part of life in universities.â It is only in the past decade that schools have established robust systems for students to report s*xual harassment under Title IX.
The book Let Me Play, written by Karen Blumenthal, ostensibly for teens, is recommended reading.
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How Title IX Changed the World
âEvery girl in Little League, every woman playing college sports, and every parentâincluding Michelle and myselfâwho watches their daughter on a field or in the classroom is forever grateful to the late Patsy Takemoto Mink.â
âPresident Barack Obama, on posthumously awarding Mink the Presidential Medal of Freedom in 2014.
When I was in grade school, I really liked playing softball. BUTâŚthere were no organized⌠See more
residential postdoctoral fellow at Cornell University who studies Title IX. But that shift is not complete by any means. Reynolds says, âWeâre not living in a world where s*xual harassment doesnât happen anymore. But we are living in a world where itâs not accepted as part of life in universities.â It is only in the past decade that schools have established robust systems for students to report s*xual harassment under Title IX.
The book Let Me Play, written by Karen Blumenthal, ostensibly for teens, is recommended reading.