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Getting in the GameTitle IX and the Women's Sports Revolution$
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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

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PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 28 March 2020

(p.15) 1 Separate Is Equal?

(p.15) 1 Separate Is Equal?

Chapter:
(p.15) 1 Separate Is Equal?
Source:
Getting in the Game
Author(s):

Deborah L. Brake

Publisher:
NYU Press
DOI:10.18574/nyu/9780814799659.003.0002

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

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