Social and Behavioral Sciences Commons^™

The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, Deborah Brake

Articles

The scope and pace of legislative activity targeting transgender individuals is nothing short of a gender panic. From restrictions on medical care to the regulation of library books and the use of pronouns in schools, attacks on the transgender community have reached crisis proportions. A growing number of families with transgender children are being forced to leave their states of residence to keep their children healthy and their families safe and intact. The breadth and pace of these developments is striking. Although the anti-transgender backlash now extends broadly into health and family governance, sport was one of the first settings—the …

50 Years Of Title Ix And Women's Athletics At Holy Cross, Archives & Distinctive Collections, Lisa Villa

Exhibits

Two major events in 1972 brought major changes to the College of the Holy Cross: the passing of Title IX and the admission of women as students. This exhibit commmemorates the 50th anniversary of Title IX and continues the celebration of the 50th anniversary of coeducation at Holy Cross by highlighting the founding and growth of women’s athletics at the College.

On Your Mark, Get Set, Gender, Emilia Vella

Senior Projects Spring 2023

Women in sport is a territory that is seldom included in politics, yet “woman,” as an identity, is one that comes with political meaning. This thesis will be discussing the inadvertent politicality of women in sport, and the legislation, as well as systems that declare the identity as so.

Title Ix's Trans Panic, Deborah L. Brake

Articles

Sport is an agent of social change, but that change does not always track in a progressive direction. Sport can be a site for contesting and reversing the gains of progressive social movements as much as furthering the values of equality and justice for historically marginalized groups. This dynamic of contestation and reversal is now playing out in a new wave of anti-transgender backlash that has gained adherents among some proponents of equal athletic opportunities for girls and women. In this latest twist in the debate over who deserves the opportunity to compete, the sex-separate athletic programming permitted by Title …

Is Title Ix Enough?: Analyzing Feelings Of Institutional Betrayal Among College Students Who Experienced Sexual Assault, Zoe N. Kross

Women's, Gender, and Sexuality Studies Honors Projects

Institutional Betrayal reflects the failures of an institution to accurately prevent or respond to students after sexual violence has occurred. Previous literature shows that survivors of sexual assault are at an increased risk of PTSD and anxiety. The goal of this study was to understand what supportive services Macalester survivors want/need and to analyze if students feel supported by their institution. Grounded in analyses of the domestic violence movement, hookup and rape culture, the neuroscience of trauma, the history of Title IX, and commonly used survivor support services, the goal of this study was to understand what survivors of sexual …

Title Ix: An Analysis Of Its Effects On Collegiate Athletics, Hanna Laube

Honors Projects

Title IX has had a monumental impact on the development of women’s opportunities in sports. I conducted three interviews with women athletes who competed in college from 1967-71, 1995-99, and 2009-2014. I also analyzed some primary research on how female athletes remember Title IX and some secondary research on remembering Title IX. In the interviews I found that all the athletes were very appreciative of Title IX, but did not know much about it and therefore could not think very critically about it. In contrast, scholars were very critical of Title IX and pointed out the shortcomings in the law. …

Sexism In High Level Sports Organizations, Wilma Jalisa Davis

Women’s Leadership

Title IX was implemented in 1972 to counter discrimination against women. This included women throughout various levels and systems including athletics. Title IX states that in order to receive federal funding assistance, programs and organizations must ban sex discrimination in order to do so. While Title IX has progressed participation rates of girls and women in sports, it has done little to increase and elevate women in leadership positions. Despite an unprecedented amount of women participating in college sports, women are not provided the same opportunities to chase positions in sports administration or coaching (Lanser, 2017). There have been almost …

Building Our Own Houses: Aapis In Congress, Daenerys Pineda

CMC Senior Theses

During the COVID-19 pandemic, anti-Asian hate peaked and came to national attention. Given the country-wide scope of this issue, a potential avenue for its address is through federal representatives, and particularly through those representatives who identify as Asian-American. This community’s political participation began long before 2020, and this thesis evaluates how Asian-American representatives have provided meaningful political representation in various situations for a national Asian-American constituency. For the purpose of this thesis, I define substantive representation as an action of a representative, using their particular political powers and privileges, in the interest of their constituents. I conduct three case studies …

Reproducing Inequality Under Title Ix, Deborah L. Brake, Joanna L. Grossman

Articles

This article elaborates on and critiques the law’s separation of pregnancy, with rights grounded in sex equality under Title IX, from reproductive control, which the law treats as a matter of privacy, a species of liberty under the due process clause. While pregnancy is the subject of Title IX protection, reproductive control is parceled off into a separate legal framework grounded in privacy, rather than recognized as a matter that directly implicates educational equality. The law’s division between educational equality and liberty in two non-intersecting sets of legal rights has done no favors to the reproductive rights movement either. By …

Title Ix And The Responsibility Of Leadership In Collegiate Athletics, Regan J. Mccomb, Chelsea Kaunert

Honors Theses

Typically, when we hear about Title IX, we think of scholarship dollars, ratio of men’s and women’s sports, and equal funding, but in the past several years we have seen a shift in focus to sexual misconduct. Studies have repeatedly shown that sexual assault rates on college campuses are not on the decline. With one in five college students graduating a victim of sexual misconduct, we must now demand more of those we consider leadership in the university setting. Recently we have seen a trend of prominent women, including female athletes, speaking out about their experience with sexual assault. We …

Ncaa Fbi Probe, Candace N. Means

Student Publications

The article discusses the FBI probe as well as a list of other scandals that have risen from the investigation such as the debate as to whether to pay student athletes, the NCAA's aim to stress academics over athletics, the NCAA's transfer rules, and the one-and-done rule. The article also emphasizes the lack of emphasis on female athletes in the media and unfair treatment in relationship to Title XI.

One Team: A Historical Analysis Of Inequalities Between Men's And Women's Professional Soccer, Allyson O. Braciska

Gender, Sexuality and Women's Studies Student Scholarship

The United States Soccer Federation (U.S.S.F.) governs the sport of soccer at the youth recreational, teen elite, and adult professional levels, and is one of the few organizations in the country that governs both the men’s and women’s sides of the respective sport. This paper examines differences between U.S. men's and women's soccer at the adult professional and identifies areas of discrimination based on gender. Inequalities experienced by women coaches and players include wage disparity, a lack of television broadcasting space, differences in sponsorships and media portrayal of players, unequal playing and living conditions, a shortage of women in positions …

A Historical Case Study Of Title Ix In Nevada: An Excellent Investment In Our Youth, Jason Clark

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study was to examine and document the history of Title IX in the American West, specifically at the University of Nevada, Reno (UNR), and at Clark County School District (CCSD) in Las Vegas, Nevada. This thesis contends that since the late nineteenth-century, women have utilized sports as a method to shed discriminatory stereotypes, fight for inclusion, and promote gender equality. In addition, the progressive actions of educational administrators and community leaders regarding Title IX make both UNR and CCSD exceptional institutions for gender equality. This thesis contains six chapters including the introduction and conclusion. Chapter 1 …

A Content Analysis Of Gender-Specific Media Coverage Of Sport: Ncaa Athletic Department Home Webpages, Margo R. Malik

UNLV Theses, Dissertations, Professional Papers, and Capstones

Studies have found that media coverage of women’s sports is inadequate when compared with coverage of men’s sports. The results of these studies have revealed inadequacies in terms of amount of coverage as well as type of coverage. Findings demonstrate that there is a certain way media frame female athletes when they are covered. Female athletes are often portrayed in overly sexualized images, as feminine role models, as passive rather than active, and in sports that are considered gender-appropriate. These types of portrayals can perpetuate gender bias and stereotypes, undermine the true athletic ability of female athletes, and give the …

Lessons From The Gender Equality Movement: Using Title Ix To Foster Inclusive Masculinities In Men's Sport, Deborah L. Brake

Articles

This article was written for a symposium issue in Law & Inequality: A Journal of Theory and Practice on the topic of LGBT inclusion in sports. The symposium, which was held at the University of Minnesota Law School in November of 2015, was precipitated by the controversy that erupted when NFL player Chris Kluwe sued and settled with the Minnesota Vikings for allegedly firing him over his outspoken support for marriage equality. The article situates the Chris Kluwe controversy in the broader context of masculinity in men’s sports. At a time when support for LGBT rights has resulted in striking …

The Trouble With 'Bureaucracy', Deborah L. Brake

Articles

Despite heightened public concern about the prevalence of sexual assault in higher education and the stepped-up efforts of the federal government to address it, new stories from survivors of sexual coercion and rape, followed by institutional betrayal, continue to emerge with alarming frequency. More recently, stories of men found responsible and harshly punished for such conduct in sketchy campus procedures have trickled into the public dialogue, forming a counter-narrative in the increasingly polarized debate over what to do about sexual assault on college campuses. Into this frayed dialogue, Jeannie Suk and Jacob Gersen have contributed a provocative new article criticizing …

Running Through Gender: Exploring The Effects Of Hegemonic Masculinity And Femininity On Gettysburg Cross Country Athletes, Olivia D. Powell

Student Publications

The general consensus regarding athletic participation is that it is beneficial to a person’s overall well being. The Women’s Sports Foundation states that girls and women who play sports have higher levels of confidence and self-esteem, lower levels of depression, a more positive body image, and experience higher states of psychological well-being than girls and women who do not play sports. In fact, girls who play sports are more likely to get better grades in school, and are more likely to graduate than girls who do not play sports.1 These statements are circulated as being universal truths. Despite many studies …

Discrimination Inward And Upward: Lessons On Law And Social Inequality From The Troubling Case Of Women Coaches, Deborah L. Brake

Articles

In the Title IX success story, women’s opportunities in coaching jobs have not kept pace with the striking gains made by female athletes. Women’s share of jobs coaching female athletes has declined substantially in the years since the law was enacted, moving from more than 90% to below 43% today. As a case study, the situation of women coaches contains important lessons about the ability of discrimination law to promote social equality. This article highlights one feature of bias against women coaches — gender bias by female athletes — as a counter-paradigm that presents a challenge to the dominant frame …

Sport And Masculinity: The Promise And Limits Of Title Ix, Deborah Brake

Book Chapters

This paper uses the lens of masculinities theory to examine the connections between sport and masculinity and considers how law both reinforces and intervenes in sport’s production of masculinity. The paper urges moving beyond a "women vs. men" framework for examining gender equality in sport to include critical study of sport’s relationship to masculinities. The primary law examined in this chapter is Title IX of the Education Amendments in 1972, which is widely (and properly) credited with the explosive growth of women’s sports in the intervening decades. While Title IX has greatly expanded the range of culturally valued femininities for …

Usf's Coverage Of Women's Athletics: A Census Of The Usf Athletics Home Web Page, Laura Ann Lebeau

USF Tampa Graduate Theses and Dissertations

This study examines the coverage of women’s athletics at USF provided through photographic representations on the university’s Athletics Internet home web page during the 2009–2010 academic year. Findings from this census of five areas that comprise the USF Athletics Internet home web page revealed that, consistent with recent research on coverage of female athletes and women’s athletics on university web pages, women, compared to men, were underrepresented in the majority of the five areas of the home page analyzed. The difference in the number of overall total photographs of women and men was not that large—48% and 52%, respectively, not …

The Heart Of The Game: Putting Race And Educational Equity At The Center Of Title Ix, Deborah L. Brake, Verna L. Williams

Articles

This article examines how race and educational equity issues shape women's sports experiences, building upon the narrative of Darnellia Russell, a high school basketball player profiled in the documentary The Heart of the Game. Darnellia is a star player who, because of an unintended pregnancy, has to fight to play the game she loves.

This girl's story provides a unique and underutilized lens through which to examine gender and athletics, as well as evaluate the legal framework for gender equality in sport. In focusing on this narrative, we seek to give voice to black female athletes and to express their …

Perceiving Subtle Sexism: Mapping The Social-Psychological Forces And Legal Narratives That Obscure Gender Bias, Deborah L. Brake

Articles

This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chosen institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct …

School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake

Articles

This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chose institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct …

In The Title Ix Race Toward Gender Equity, The Black Female Athlete Is Left To Finish Last: The Lack Of Access For The “Invisible Woman", Tonya M. Evans

Law Faculty Scholarship

Although each of us is defined by race and gender, those of us who are neither white nor male often experience invisibility as a result of our dual subordinate status.... Black women have been disproportionately located at the lower end of the economic hierarchy and, therefore, have been unable to afford private golf, swimming, or tennis lessons. Overt racial discrimination prevented black women from gaining access to the sports participated in by white women. To the extent that the main thrust of solutions to gender inequity and a lack of adherence to Title IX mandates has been the addition of …

Umaine Commits To Classroom Equity, Andrea Page

Social Justice: Diversity, Equity, & Inclusion

Several students addressed the Vision 2000 mission plan for changing gender equity at the University of Maine Thursday.