Jump to ContentJump to Main Navigation
Getting in the GameTitle IX and the Women's Sports Revolution$
Users without a subscription are not able to see the full content.

Deborah L. Brake

Print publication date: 2010

Print ISBN-13: 9780814799659

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814799659.001.0001

Show Summary Details
Page of

PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 25 September 2021

Separate Is Equal?

Separate Is Equal?

(p.15) 1 Separate Is Equal?
Getting in the Game

Deborah L. Brake

NYU Press

This chapter examines how Title IX strikes a balance between accommodating and minimizing sex differences for purposes of team selection. Title IX's allowance for sex separation in sports has facilitated a legal approach that emphasizes results over process and actual opportunities for girls and women over a more formal gender neutrality. However, the law also leaves intact a structure in which women's sports are too often marginalized as secondary to men's games. This chapter first considers what feminist legal scholars refer to as the dilemma of difference and goes on to discuss the development of Title IX's approach to gender equality in sports. It then explores how sex-discrimination law can best secure equality and whether Title IX should take a gender-conscious approach that acknowledges sex differences and makes sure that women have enough opportunities to play sports compared to men. It argues that Title IX does a respectable job overall of addressing the dilemma of difference and settling on a baseline of separation.

Keywords:   sex differences, Title IX, sex separation, gender neutrality, women's sports, dilemma of difference, gender equality, sex-discrimination law

NYU Press Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.