Re: Fourteenth Amendment Yes!
Linda Purrington (lpurring@earthlink.net)
Sat, 28 Feb 1998 22:07:13 -0800
My error--I didn't phrase my post correctly. Yes indeed, the equal
protection clause of the Fourteenth Amendment can be invoked to help
assure children in private schools equal treatment under the laws of
the United States, and yes, this does include equal access to education
without discrimination on the basis of sex. (My post was not written
clearly enough--it might have been read to state that the equal
protection clause is a sex discrimination section; it is not, it only
provides equal protection by reference to other laws.) In summary, it
is important for parents to know that equal protection clause can be
invoked, and that lawyers understand that their clients are best served
when all bases are covered, even if a specific law is then knocked out
by the ruminations of the specific judge before whom the case is being
argued.
We are trying to get lawyers here in California to use the
basis of Title IX wherever possible, because the more case law
accumulates, the more schools will understand the law and follow its
meaning. And Title IX is intended to be interpreted widely, according
the the U.S. Supreme Court. So, for example, when the new California
domestic violence law is called in to protect the girls from threats and
attacks by boyfriends, the case should also be filed under Title IX to
make sure the school understands that it will be violating her civil
rights and the civil rights of all the girls in the school if it does
not protect her and make sure the environment is not hostile to girls
getting their education.
Linda Purrington
Title IX Advocates <lpurring@earthlink.net>