Title IX is part of the United States Education Amendments of 1972, Public Law No. 92-318, 86 Stat. 235 (June 23, 1972), codified at 20 U.S.C. §§ 1681–1688. It states (in part): “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.” For many years, women were not given the same academic or athletic opportunities that men were afforded. For example, prior to the enactment of Title IX, only 1 percent of collegiate athletic budgets went to female sports, and at the high school level, male athletes outnumbered female athletes 12.5 to 1. After Title IX was enacted, there was a 600 percent increase in the number of women playing college sports.

CASE QUESTIONS 1. What if Congress had never enacted Title IX? Could the federal courts or the president have prohibited discrimination in educational programs and activities? How?

2. What is the source of Congress’s power to prohibit discrimination in educational programs and activities?