TITLE IX AND OPPORTUNITIES

FOR WOMEN, 1972 – 2022

By Sarah Maxwell

It is hard to imagine that today women make up 56% of American college students. Prior to 1973, women were often denied admission to institutions of higher education or were not allowed to enroll in programs (STEM) where men received preferential treatment. In 1945, men returning from WWII received benefits from the GI bill and many were enrolling in colleges and universities throughout the country. Women primarily attended colleges that specialized in teaching or nursing, or that attended secretarial schools.

The purpose of Title IX of the Educational Amendments of 1972 was to update Title VII of the Civil Rights Act of 1964, which banned several forms of discrimination in employment, but did not address or mention discrimination in education. The creation of Title IX had nothing to do with sports. The law prohibits sex-based discrimination in any school or any other educational program that receives funding from the federal government. 

The original text of the law was signed into law by Richard Nixon on June 23, 1972, and reads: “No person in the United States shall, based on sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” This act amended the Higher Education Act of 1965, the Vocational Education Act of 1963, the General Education Provision Act, and the Elementary and Secondary Education Act of 1965. It created 20 U.S.C. chapter 38, Sec. 1681(a).

For at least 20 years prior to the enactment of Title IX, AAUW identified the discrimination against women in education as a major policy issue. It began its work by surveying students, staff, and administrators in colleges and universities across the country, began to collaborate with other organizations like The National Coalition for Women and Girls in Education and the Education Task Force. Armed with research from AAUW and the other organizations mentioned the earliest draft of the legislation was developed by Representative Patsy Mink (Hawaii) with the assistance of Representative Edith Green (Oregon). It was then co-authored and introduced to Congress by Senator Birch Bayh (Indiana) in the Senate and Patsy Mink in the House, was debated and then passed. Congressman John Tower later proposed an amendment to Title IX that would have exempted revenue producing sports from Title IX. The amendment did not pass but led to a misunderstanding of Title IX as a sports-equity law rather than an anti-discrimination, civil rights law. While the law significantly impacted high school and college athletics, the original statute made no explicit mention of sports. In June 1975, the final regulations detailing how Title IX would be enforced were issued. They were codified in the Federal Register in the Code of Federal Regulations Volume 34, part 106 (C34 CFR 106). Since 1975, the federal government has issued guidance clarifying how it interprets and enforces those regulations.

In the years since the implementation of Title IX, several lawsuits were filed to limit the extent of the Title IX on sports programs in colleges and universities. The Civil Rights Restoration Act of 1988 extended Title IX coverage to all programs of an educational institution that receives any federal assistance, both direct and indirect. Today, conflict about Title IX comes from questions about participation of athletes who identify themselves as LGBTQ or transgender. While issues of which sports should be funded at the college level, other than football, are also part of the conversation, so is the issue that most coaches of female teams are male rather than female. 

Since the passage of this landmark civil rights law, opponents have sought to weaken it. Originally schools were required to follow guidance on how to prevent and address sexual harassment and violence. New rules in 2017 promulgated by Director Betsy Voss of the Department of Education narrowed the definition of sexual harassment. However, in 2021, the Department of Education under President Biden’s direction expanded Title IX enforcement to prohibit discrimination based on sexual orientation or gender identity.

AAUW continues to support federal legislation that strengthens students’ civil rights protections and Title IX enforcement including comprehensive training and support for Title IX coordinators at the local level.

The primary aim of Title IX was to end sex discrimination in education. The first wife of the Senate sponsor of the bill, Marvella Bayh, who later died of cancer, was denied admission out of high school to the University of Virginia and advised “women need not apply.” At the time Title IX was passed into law, 42% of college admission were female versus 58% male. In the early 20th century, far fewer women attended college and represented less than 1% of enrollees in some universities. Today, women attending college and/or university outnumber men. However, women still are underrepresented in the areas of science, math, and technology. AAUW continues to support advancement and change in these areas so that more female students can achieve success in areas previously closed to them. As well as supporting and advocating for policies to advance women’s educational opportunities, AAUW provides scholarships through its local chapters and the National office that aid many individual women at the college and graduate level.