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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, 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

(p.41) 2 Integration Rights

(p.41) 2 Integration Rights

Girls Playing with Boys and Boys Playing with Girls

(p.41) 2 Integration Rights
Getting in the Game

Deborah L. Brake

NYU Press

This chapter examines integration rights as an important qualification to sex-separate opportunities and how such rights help mitigate, if not eliminate, the downsides of sex separation in sports. Title IX allows schools to provide separate-sex teams where team selection is made on a competitive basis or if the athletes are engaged in contact sports. The same regulation that broadly permits separation also creates a set of limited integration rights. It provides for the right to try out for a sport offered to members of the other sex, but only under certain conditions. This chapter points out some of the shortcomings in the liberal feminist integration rights recognized by Title IX. It argues that gender equality is best served by expanding integration rights to exceptional female athletes who have their own team. It also discusses the approach taken by Title IX and by the equal protection clause to boys' rights to participate on girls' teams.

Keywords:   integration rights, sex separation, Title IX, contact sports, gender equality, female athletes, equal protection clause

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