[EDEQUITY] RE: Title IX and Football

From: Kristen Galles (kgalles@erols.com)
Date: Fri May 19 2000 - 10:25:59 EDT

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    Linda IS right. Title IX DOES have an exemption for contact sports. Title
    IX
    CANNOT be used by females to play on boys' football or wrestling teams.
    Girls
    who have been successful on such cases have brought them under the Equal
    Protection Clause of the US Constitution or their state equal rights
    amendments. The equal protection analysis requires that a school's
    exclusion
    be substantially related to an important governmental interest. The only
    govt
    interest in excluding girls from FB teams would be safety, but courts have
    found that such a blanket exclusion is wrong. Thus, each girl must be
    considered on her own merit. If she is too small to play football, then
    she
    can be excluded, but if she is big enough and tough enough to not be at
    extra
    risk, then she can play. Again, all these cases are based upon the
    CONSTITUTION and NOT Title IX. Kristen Galles, Equity Legal



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