Re: Fourteenth Amendment Yes!
Tue, 03 Mar 1998 01:36:53 -0500

Just to make sure that the single sex education string is correct: The
14th Amendment does NOT apply to private schools. It ONLY deals with
discrimination by a state actor. Only private schools that are
intimately entangled with the state (e.g., reform schools) are covered
by the 14th Amendment. Many states, however, have educational equity
laws that cover private schools. Kristen Galles <>

Linda Purrington wrote:
> 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 <>

new message to this message