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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.143) 6 Treatment as an Equal

(p.143) 6 Treatment as an Equal

(p.143) 6 Treatment as an Equal
Getting in the Game

Deborah L. Brake

NYU Press

This chapter examines Title IX's equal treatment framework and its progress toward equalizing the treatment and benefits given to male and female athletes, along with its limitations. The biggest success story of Title IX has been the use of its three-part test to add women's sports, which have also made great strides in gaining increased support and resources. As with other aspects of gender equality in sports, however, Title IX's baseline of sex separation affects how the equal treatment standards apply. This chapter discusses the development of Title IX's equal treatment standards, the strong side of its liberal feminism, the requirement for proving intentional discrimination, and Title IX's coverage of privately financed inequality. It also considers Title IX's sensitivity to the harms of discrimination and its coverage of athletic scholarships.

Keywords:   female athletes, Title IX, three-part test, women's sports, gender equality, equal treatment standards, liberal feminism, intentional discrimination, athletic scholarships, sex separation

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