In recent years, our nation has seen an increased number of transgender students demanding to be included in activities and facilities they have been excluded from in the past. This has introduced a growing number of events that contradict the norms and labels our society has in place regarding gender and sex roles. The very definition of what it means to be female or male is being challenged by this small portion of the population. In their fight for gender autonomy and gender equality in the education field, they have made great strides to be acknowledged and treated as the gender they identify with; instead of the gender that our society’s norms place on them because of their birth certificate sex.
In several states across America, law suits stemming from transgender inequality on school grounds have experienced several victories using Title IX as basis for equal treatment. These court victories are setting a legal foundation for their transgender peers in the future to partake in the activities and facilities of the gender they identify with.
The Title IX is part of the Civil Rights Act of 1964, and is a portion under the Education Amendments done in 1972. It was written and presented to Congress, by Senator Birch Bahy, in Feburary of 1972. It originally was designed to help in the fight for equality of women in sports and education. It states that any educational institution that is receiving federal funding cannot discriminate against a person because of their sex. The institution, if found guilty may lose funding and or pay fines for violations.
Using the policy analysis model, in American Social Welfare Policy: A Pluralist Approach, on page 29 I will discuss the Title IX law and how it applies to transgender students and their demands and rights to be accepted as the gender they identify with.
Historical Background of the Policy
Historically speaking women were the 2nd class citizens, along with the African Americans and any other person who was not a free white male. Being it so, long after women were awarded the right to vote and an education, discrimination was very much alive in the education realm of things. In the 1970’s, the data showed that majority of schools were catering to men in both sports and education. According to the National Center for Education Statistics, in 1972 there were only 7% of women with Law degrees and 4% with medical degrees. Likewise, the numbers in regards to female versus male athletes were also alarming. There were more federal funds being funneled into men’s sports, than into women’s and as a result there was an obvious bias that needed to be corrected. Research by Buzuvis (2005) supports women’s enrollment into colleges was negatively affected because of this bias. She states, the surplus of funds being furnished to accommodate male athletes meant there was a lack of funds being awarded to female athletes, as a result less women athletes were applying for college and more men athletes were applying and being accepted (Buzuvis 2005). Title IX was written in order to force educational institutions to address this problem or lose funding. It was opposed by many, but passed in 1972. Since its inception, Title IX has been exceptional in lowering the amount of discrimination that women faced in education as well as in the sports arena attached to the schools. Since then, the definition of “sex” within Title IX has changed. Dr. Jillian Weiss writes, “It is now applied to “sex stereotyping” based on gender non-conforming appearances” due to the legal rulings in Rosa v. Park West Bank (1st Cir. 2000) , Tronetti v. Healthnet Lakeshore Hosp. (W.D.N.Y. Sept.26,2003), and Mitchell v. Axcan Scandipharm(W.D. Pa. Feb.21, 2006). These court cases and more like it, have laid the foundation for the transgender community having a basis for demanding to use the facilities of the gender they identify with. Description of the Problem That...
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Eckes, S. (2013) Transgender students and the use of school restrooms. Journal of Principal Leadership, 14(4) 8.
Krasche, K. (2012). Trans-cending space in women 's only spaces: title ix cannot be the basis for exclusion. Harvard Journal Of Law & Gender, 35(2), 463-485.
Buzuvis, E. (2005) Survey says...A critical analysis of the new title ix policy and a proposal for reform. Iowa Journal of Law 91(
Weiss, J., (2013, Feb 19). Title IX and transgendered students. Retrieved from http://www.bilerico.com/2013/02/title_ix_and_transgender_students.php#Aj1ISWIJGDq3XHFd.99
Weiss, J., (2009). Protecting transgender students: Application of title IX to gender identity or expression and the constitutional right to gender autonomy. Wisconsin Journal of Law 81 (6), 220-228.
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