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Bush Administration Supports Title IX - Sort Of

The Justice Department has asked a district court in Washington, D.C., to dismiss a lawsuit from the National Wrestling Coaches Association that challenges the way in which Title IX was implemented with respect to equal participation.

While the legal case does not directly involve football or its coaches, the outcome could. Title IX mandates schools provide sports participation opportunities for men and women proportionally equal to each gender’s enrollment at the institution. At the very least, schools must at least demonstrate a history of program expansion or accommodation of women’s teams.

Title IX was originally intended to stimulate and expand sports participation for women and it has done that. It has also led smaller schools to eliminate, or at least strongly consider elimination of the football program, mainly because it’s expensive to operate, schools are required to invest money in the addition of women’s sports, and football does not have an equal sport for women.

Observers had thought the administration would take advantage of the timing to challenge or weaken Title IX regulations. Such a move might open the door for more schools to reinstate or add football.

Instead, the Bush administration challenged the lawsuit on technical grounds, saying the wrestling coaches did not have standing to file a claim because the court can not address the loss of athletic programs. The administration also said the coaches should target the eliminated programs or institutions and not the Department of Education with the suit. Finally, the Justice Department said the statute of limitations has expired.

Any move to weaken Title IX would be an epic battle. The mere suggestion of such a move led a number of women’s groups and members of Congress to speak out against the idea, claiming Title IX has created explosive growth in women’s sports participation at all levels.

The battle is not over, however. Supporters of Title IX are still concerned that the justice department made no effort to back the underlying policies of Title IX in its response to the lawsuit, instead seeking a technical dismissal. That could clear the way for the Bush Administration to make an attempt to weaken Title IX at another time.