Reimagining Title IX as a civil rights statute aimed at antisubordination rather than equality

Erin Buzuvis

Chapter 4 in Reimagining the Gendering of Sport, 2025, pp 50-66 from Edward Elgar Publishing

Abstract: The dominant theories of equality reflected in Title IX are formal equality (identical treatment of students based on sex) and substantive equality (equitable treatment of students based on sex). But what if we could reimagine the statute to elevate the antisubordination theory of equality? If Title IX reflected antisubordination theory, the statute's judicial and regulatory interpretations would reflect not only the goal of providing equitable opportunities for women and girls, but concern for the stigma that inures from the segregation of sport itself. To this end, Title IX would seek a balance of both protected and integrated opportunities. In addition, the rights of trans students to participate in women's sport would expand under an antisubordinationist Title IX, as the exclusion of trans athletes marginalizes trans identities and stigmatizes girls' and women's sport.

Keywords: Title IX; Antisubordination; Substantive equality; Sport (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035310203
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