Throwing Like a Girl: Constitutional Implications of Title IX Regarding Gender Discrimination in High School Athletic Programs
Johnson, Tracy J.
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This comment examines various approaches to dealing with sexual discrimination in high school sports. The decisions reveal that equal protection under the law is violated if the classification between males and females in connection with team sports is based on stereotypic notions or assumptions. The author suggests that rules which automatically exclude all females from competing with the males for a place on a team violate equal protection and impair the important governmental objective of providing full and equal opportunity to educational programs and activities. Finally, this comment stresses that in order to provide meaningful athletic opportunities to young women, it is the duty of the state to ensure all athletes are allowed to succeed or to fail as one's abilities and fortunes may dictate.