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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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(p.67) 3 The Three-Part Test and the Opportunity to Play

(p.67) 3 The Three-Part Test and the Opportunity to Play

(p.67) 3 The Three-Part Test and the Opportunity to Play
Getting in the Game

Deborah L. Brake

NYU Press

This chapter examines Title IX's three-part test for measuring equal participation opportunities. It first considers the development of the test, whose overall goal is to increase girls' and women's opportunities in competitive sports, and its three parts: the “substantial proportionality” prong, the “program expansion” prong, and the “full and effective accommodation” prong. It then discusses the legal battle over Title IX's requirements, focusing on the legacy of Cohen v. Brown University with respect to women's sports. It also looks at the application of the three-part test to interscholastic sports and the courts' response to reverse discrimination claims brought by male athletes. The chapter shows that the three-part test has been a success in terms of both its progressive theory of gender equality and its impact on women's participation in sports, citing as evidence the rise in the number of girls and women who play varsity sports in the years since Title IX was passed.

Keywords:   three-part test, equal participation opportunities, substantial proportionality, program expansion, Cohen v. Brown University, interscholastic sports, reverse discrimination, gender equality, varsity sports, women's sports

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