Is The Three-Prong-Test Of Title IX Appropriate?

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February 28, 2009AbstractTitle IX has made a significant impact by attacking gender discrimination in sports. Although the original legislation was passed in 1972, implementation was delayed due to problems in interpretations. The Three-Prong-Test of Title IX has directly resulted in an increase of women participation in sports. Even though Title IX has been put to the test by multiple different legal arguments, Title IX and its Three-Prong-Test has prevailed once all the facts were presented.

Since its first introduction in 1979, the three-prong-test of Title IX has been highly controversial. Many anti-Title IX groups contend that it is often interpreted as a quota, placing too much emphasis on the first prongs reference to proportionality, and failing to take into account the genders differing levels of interest in athletics. Others feel that the interpretation of Title IX actually discriminates against men by removing opportunities of male athletes and giving them to females who are less interested. Supporters of the three-prong-test of Title IX defend that genders that differ athletic interest is merely a product of past discrimination, and that Title IX should be interpreted to maximize participation of female athletes regardless of any existing disparity of interest. So, is the three-prong-test an appropriate tool to show compliance of Title IX? I believe after uncovering the history of Title IX, defining what each of the prongs are and dissolving some of the misconstrued facts regarding Title IX and its three-prong-test, that the majority of Americans would be in favor of Title IX and its compliance tools.

Title IX refers to an Education Amendment provision of 1972 that states: 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....
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