Editing Title IX (section)

===Foundations and hearings===
[[File:EdithGreen.jpg|thumb|Rep. [[Edith Green]] of Oregon laid the foundation for Title IX.]]

Title IX was enacted as a follow-up to the passage of the [[Civil Rights Act of 1964]]. The 1964 Act was passed to end discrimination in various fields based on race, color, religion, sex, or national origin in the areas of employment and public accommodation.<ref>Section 703(a)(1), Civil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat. 241, 255 (July 2, 1964).</ref><ref>{{Cite news|url=https://www.archives.gov/education/lessons/civil-rights-act|title=The Civil Rights Act of 1964 and the Equal Employment Opportunity Commission|date=August 15, 2016|work=National Archives|access-date=October 20, 2017|language=en|url-status=live|archive-url=https://web.archive.org/web/20171020043707/https://www.archives.gov/education/lessons/civil-rights-act|archive-date=October 20, 2017}}</ref> The 1964 Act did not prohibit sex discrimination against people employed at educational institutions. A parallel law, Title VI, had also been enacted in 1964 to prohibit discrimination in federally funded private and public entities. It covered race, color, and national origin but excluded sex. Feminists during the early 1970s lobbied Congress to add sex as a protected class category. Title IX was enacted to fill this gap and prohibit discrimination in all federally funded education programs. Congressman [[John Tower]] then proposed [[Tower Amendment|an amendment]] to Title IX that would have exempted "revenue-generating" sports from Title IX.<ref>{{Cite book |last=Melnick |first=R. Shep |url=https://www.jstor.org/stable/10.7864/j.ctt1vw0rgc |title=The Transformation of Title IX: Regulating Gender Equality in Education |publisher=Brookings Institution Press |year=2018 |isbn=978-0-8157-3222-8 |publication-date=2018 |page=94 |language=en |chapter=SIX Regulation in Fits and Starts, 1972–95 |jstor=10.7864/j.ctt1vw0rgc |quote=While HEW was working on its regulation, the NCAA and other football boosters came close to passing an amendment sponsored by Senator John Tower (R-Tex.) that would exempt 'revenue-generating' sports from Title IX regulation. That legislative strategy ultimately backfired. When the conference committee met to consider the education legislation to which Tower had attached his amendment, it substituted an amendment sponsored by Senator Jacob Javits (R-N.Y.) specifying that HEW's Title IX regulations 'shall include with respect to intercollegiate athletic activities reasonable provisions considering the nature of particular sports.'}}</ref>

The [[Tower Amendment]] was rejected, but it led to widespread misunderstanding of Title IX as a sports-equity law, rather than an anti-discrimination, civil rights law.<ref name="Suggs">Suggs, Welch. ''A Place on the Team.'' Princeton, NJ.: Princeton University Press, 2005.</ref> While Title&nbsp;IX is best known for its impact on high school and [[college athletics|collegiate athletics]], the original statute made no explicit mention of sports. The United States Supreme Court also issued decisions in the 1980s and 1990s, making clear that sexual harassment and assault is a form of sex discrimination. In 2011, President Barack Obama issued guidance reminding schools of their obligation to redress sexual assaults as civil rights matters under Title IX. Obama also issued guidance clarifying Title IX protections for LGBT students through [[Dear colleague letter (United States)|Dear Colleague]] letters.<ref>{{Cite web|url=https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.pdf |archive-url=https://web.archive.org/web/20101221145736/http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.pdf |archive-date=2010-12-21 |url-status=live|title=Dear Colleague Letter on Harassment and Bullying|last=Office for Civil Rights|first=U.S. Department of Education|date=October 26, 2010|website=U.S. Department of Education|access-date=October 6, 2018}}</ref><ref>{{Cite web|url=https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf|title=Dear Colleague Letter on Transgender Students|last=Office for Civil Rights|first=U.S. Department of Education|date=May 13, 2016|website=U.S. Department of Education|access-date=October 20, 2017|url-status=live|archive-url=https://web.archive.org/web/20171017204448/https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf|archive-date=October 17, 2017}}</ref><ref>{{Cite web|url=https://www.documentcloud.org/documents/4067437-Sessions-memo-reversing-gender-identity-civil.html|title=Sessions memo reversing gender identity civil rights policy|last=Savage|first=Charles|work=The New York Times|via=www.documentcloud.org|language=en|access-date=October 20, 2017|url-status=live|archive-url=https://web.archive.org/web/20171020033440/https://www.documentcloud.org/documents/4067437-Sessions-memo-reversing-gender-identity-civil.html|archive-date=October 20, 2017}}</ref><ref>{{Cite news|url=https://www.nytimes.com/2017/10/05/us/politics/transgender-civil-rights-act-justice-department-sessions.html|title=In Shift, Justice Dept. Says Law Doesn't Bar Transgender Discrimination|last=Savage|first=Charlie|date=October 5, 2017|work=The New York Times|access-date=October 20, 2017|language=en-US|issn=0362-4331|url-status=live|archive-url=https://web.archive.org/web/20171019163235/https://www.nytimes.com/2017/10/05/us/politics/transgender-civil-rights-act-justice-department-sessions.html|archive-date=October 19, 2017}}</ref>

The precursor to Title IX was an executive order, issued in 1967 by President [[Lyndon Johnson]], forbidding discrimination in federal contracts. Before these orders were issued, the [[National Organization for Women]] (NOW) had persuaded him to include the addition of women.<ref name="Suggs" /> [[Executive Order 11375]] required all entities receiving federal contracts to end discrimination on the basis of sex in hiring and employment.<ref>{{Cite web|url=http://www.presidency.ucsb.edu/ws/?pid=60553|title=Lyndon B. Johnson: Executive Order 11375—Amending Executive Order No. 11246, Relating to Equal Employment Opportunity|website=www.presidency.ucsb.edu|access-date=October 20, 2017|url-status=live|archive-url=https://web.archive.org/web/20171021004030/http://www.presidency.ucsb.edu/ws/?pid=60553|archive-date=October 21, 2017}}</ref> In 1969, a notable example of its success was [[Bernice Sandler]], who used the executive order to retain her job and tenure at the [[University of Maryland]].<ref name="Valentin">Valentin, Iram. [http://www2.edc.org/WomensEquity/pdffiles/t9digest.pdf "Title&nbsp;IX: A Brief History."] {{webarchive|url=https://web.archive.org/web/20150921141808/http://www2.edc.org/WomensEquity/pdffiles/t9digest.pdf |date=September 21, 2015 }} Women's Equity Resource Center. August 1997.</ref> She used university statistics to show how female employment at the university had plummeted as qualified women were replaced by men.<ref name="Suggs" /> Sandler then brought her complaints to the [[United States Department of Labor|Department of Labor]]'s [[Office of Federal Contract Compliance Programs|Office for Federal Fair Contracts Compliance]], where she was encouraged to file a formal complaint; later citing inequalities in pay, rank, and admissions, among others.<ref>{{Cite web |last=Fitzgerald |first=Sara |date=2013 |title=Document 4: "'Too Strong for a Woman'--The Five Words that Created Title IX," Spring 1997 {{!}} Alexander Street Documents |url=https://documents.alexanderstreet.com/d/1005577060 |archive-url=https://web.archive.org/web/20240106021847/https://documents.alexanderstreet.com/d/1005577060 |archive-date=2024-01-06 |access-date=2024-01-06 |website=documents.alexanderstreet.com |language=en}}</ref><ref>{{Cite web |date=January 10, 2019 |title=How Bernice Sandler, 'Godmother Of Title IX,' Achieved Landmark Discrimination Ban |url=https://www.cpr.org/2019/01/10/how-bernice-sandler-godmother-of-title-ix-achieved-landmark-discrimination-ban/ |archive-url=https://web.archive.org/web/20240106022210/https://www.cpr.org/2019/01/10/how-bernice-sandler-godmother-of-title-ix-achieved-landmark-discrimination-ban/ |archive-date=2024-01-06 |access-date=2024-01-06 |website=Colorado Public Radio |language=en}}</ref>

Sandler soon began to file complaints against the University of Maryland and other colleges while working with NOW and the [[Women's Equity Action League]] (WEAL). Sandler later filed 269 complaints against colleges and universities, which led to the events of 1970.<ref name="Suggs" /> In 1970, Sandler joined U.S. House Representative [[Edith Green]]'s [[United States House Education Subcommittee on Higher Education and Workforce Training|Subcommittee on Higher Education]] of the [[United States House Committee on Education and the Workforce|Education and Labor Committee]], and observed corresponding congressional hearings relating to women's issues on employment and equal opportunity. In these hearings, Green and Sandler initially proposed the idea of Title&nbsp;IX.<ref>{{cite news |last1=Wentworth |first1=Eric |title=Women Seek Equality in Universities |url=https://media.proquest.com/media/pq/hnp/doc/159228632/fmt/ai/rep/NONE?cit%3Aauth=By+Eric+Wentworth%3BWashington+Post+Staff+Writer&cit%3Atitle=Women+Seek+Equality+in+Universities%3A+%27Vicious+Pattern%27+Seen&cit%3Apub=The+Washington+Post%2C+Times+Herald+%281959-1973%29&cit%3Avol=&cit%3Aiss=&cit%3Apg=A15&cit%3Adate=Jun+22%2C+1970&ic=true&cit%3Aprod=ProQuest+Historical+Newspapers%3A+The+Washington+Post&_a=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&_s=18PtQlEf5qGZ72TwbtG4TBjzX%2BU%3D |access-date=20 June 2022 |work=The Washington Post And Times-Herald |date=22 June 1970|via=ProQuest }}</ref> An early legislative draft aimed at amending the [[Civil Rights Act of 1964]] was then authored by Representative Green.<ref>{{cite news |title=Panel rewriting bill on sex bias |url=https://www.proquest.com/ |access-date=20 June 2022 |work=Afro-American |agency=UPI |date=11 July 1970|via=ProQuest }}</ref> At the hearing, there were mentions of athletics. The idea behind the draft was a progressive one in instituting an affirmative action for women in all aspects of American education.<ref name="Suggs" />