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The U.S. Supreme Court ruled in June, that discrimination on the basis of gender identity is classified alongside sex discrimination under the Civil Rights Act.

This has allowed biological males to compete in women’s sports in the NCAA and elsewhere. So much for the equality that was intended by Title IX.

Title IX is a federal civil rights law passed as part of the Education Amendments of 1972. This law protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

However, Title IX does not protect biological females who play female sports from competing against persons who are biological males. It is unfair and needs to stop.

The good news

One study from 2006, demonstrated a large increase in the number of women participating in sports at both the high school and college level by a factor of nine. Meanwhile, the number of women in college sports increased by more than 400%. Another study from 2008 of intercollegiate athletics showed that women’s collegiate sports grew to over 9000 teams. Basketball led the way at 98.8% of schools with teams. Volleyball, soccer and cross country and softball grew the next most with over 90% each.

However, the good news in regards to the growth has affected the amount of men’s sports being cut.

Meanwhile, the current interpretation of Title IX has resulted in the culling of men’s programs, despite strong numbers in those sports. For example, according to the NCAA, the most-dropped men’s sports between 1987 and 2002 were cross country and, indoor track. Golf, tennis, rowing and outdoor track were also dropped during this period by NCAA division 1 schools, 2020 was no exception.

Women’s equality misinterpreted

In regards to scholarships, Title IX requires that female and male student-athletes receive athletics scholarship dollars proportional to their participation; and requires the equal treatment of female and male student-athletes in the provisions of:

(a) equipment and supplies;
(b) scheduling of games and practice times;
(c) travel and daily allowance/per diem;
(d) access to tutoring;
(e) coaching,
(f) locker rooms, practice, and competitive facilities;
(g) medical and training facilities and services;
(h) housing and dining facilities and services;
(i) publicity and promotions;
(j) support services and
(k) recruitment of student-athletes.

Education Amendments of 1972 stated that when gender non-conforming or transgender students are targeted on the basis of their gender expression, Title IX provides legal recourse. However, schools are required to develop educational programs, policies and grievance processes to address harassment.

This is a clear advancement against bullying and harassment, caused by bias and prejudice systematic or otherwise, however, the misinterpretation of equality for all requires the law to be blind, in that biological males may compete in female sports.

This has come to pass, as female students competing in high schools and colleges in the U.S. are being replaced on the podiums by biological males.

The result may be a demonstration or at least a cruel metaphor of the chaos theory, which is a branch of mathematics that is a study of chaos. Where apparent random states of disorder are governed by deterministic laws that are highly sensitive to initial conditions.

There are many stories like Andraya Yearwood’s that ESPN’s author Ken Barnes tells so eloquently, that transgender athletes should not be discriminated against, however, allowing them to compete against biological females, puts those sports at risk. Female sports must be protected, just as all discrimination against all must end.

The U.S. federal government must amend Title IX to protect women’s sports.

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