The Super 32
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World Cup victory masks dispute over Title IX
By Becky Neilson The nation erupted in patriotic boosterism Saturday when the U.S. women's soccer team took the World Cup title, but just below the surface, a fierce battle rages about Title IX, the law some people say made the victory a reality. When Congress passed Title IX of the Higher Education Act in 1972, its goal was to eliminate gender discrimination in athletic programs at federally funded institutions. But evidence of the continuing struggle over Title IX interpretation showed up on Capitol Hill this week, as legislators rushed to congratulate the team on its success. Some members were quick to credit Title IX with putting Mia Hamm and her teammates on the field, but others left references to the law out of their congratulatory remarks. Speaker J. Dennis Hastert (R-Ill.), a former wrestling coach who has led the criticism of Title IX because he says it has led to the reduction of men's sports at some schools, issued a congratulatory statement with no mention of Title IX. "We must be ever vigilant in our quest to open more doors so those who want to participate in extracurricular activities can do so," Hastert said. "I have seen first-hand how sports and team play have molded young kids into future leaders." Rep. Steven Kuykendall (R-Calif.) offered a resolution Tuesday congratulating the women's team for its World Cup success the resolution passed unanimously. Reps. Lucille Roybal-Allard (D-Calif.), Carolyn Maloney (D-N.Y.), Lois Capps (D-Calif.) and Sue Kelly (R-N.Y.) introduced a competing resolution. The difference: Kuykendall's version didn't mention Title IX. And on the Senate side, Sen. Harry Reid (D-Nev.) introduced a resolution Monday congratulating the team on its victory and applauding Title IX for the opportunities it has given female athletes. "Title IX has been an outstanding program," Reid said Monday. "It has allowed women to build their character and athleticism just as men did for many decades." But Title IX has gotten mixed reviews on Capitol Hill some legislators say the Department of Education's interpretation of the law discriminates against male athletes as it tries to boost women's sports. In one of the most visible Title IX cases, a group of female athletes alleged in 1992 that Brown University discriminated against women by cutting its women's gymnastics and volleyball programs. At the same time, the school cut its men's golf and water polo squads. "This isn't anti-women," said Dan Kinsella, a Chicago attorney who has done pro bono work on the Brown case and other Title IX cases. "You don't help women by cutting men's programs." "This new interpretation undermines the original intent of Title IX and has served to bring a great degree of confusion and litigation to higher education," Hastert wrote to Brown University officials in February 1997. "Current Department of Education Title IX policies could be viewed as promoting reverse discrimination." Nearly 50 House members and Sen. Phil Gramm (R-Texas) joined Hastert in signing on to an amicus brief that supported Brown University in the case. It's a stance not everyone on Capitol Hill can stomach. "We shouldn't heed the complaints of people who blame Title IX for the elimination of men's teams in non-revenue-producing sports," said Rep. Carolyn Maloney (D-N.Y.), who carried a soccer ball onto the House floor Tuesday. Women's organizations have come out on both sides of the Title IX debate. "The World Cup succeeded only in part due to Title IX," said Kimberly Schuld, the director of Play Fair, a project of the Independent Women's Forum in Arlington, Va. "Title IX alone is not responsible for these women playing soccer." The real credit, she said, goes to youth soccer organizations that give girls the opportunity to play soccer as soon as they are old enough to kick a ball. "Some of the members of Congress who support Title IX are not familiar with the unintended effects on men's sports," Schuld said. "Title IX policies have stagnated the natural growth of women's sports. There's a devastation of men's sports and a stagnation of women's sports." "We've heard this argument before," said Arthur L. Coleman, deputy assistant secretary for civil rights at the Department of Education. "But we support opportunities for boys as well as girls, men as well as women. We are always concerned when we hear that opportunities are being cut." But the arguments against current Title IX enforcement policies haven't dampened the enthusiasm for the women's soccer victory on Capitol Hill. "When I was growing up, women didn't play soccer," said Rep. Constance Morella (R-Md.). "And when they played basketball, they played on only half the court. I think we will only go forward from here."
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