Civil rights is a topic which is on everyone’s tongues a majority of the time. Back in the 1950s and 1960s, the spotlight was on racial equality. In the 1970s and 1980s, it was gender equality that dominated the stage. In the modern day, it has shifted to same-sex rights. There is always a battle to live up to what America’s forefathers had dreamed of for this country: total equality in society. While it is an uphill battle more often than not, those who push for equality gain enough momentum to succeed in an ever-changing world. The long fight against gender discrimination in the education system is highlighted by the important case in Grove City College v Bell, the effects of the verdict of that case between 1984 and 1987, the passing of the Civil Rights Restoration Act, and how Title IX of the Educational Amendments Act has evolved in the modern day.
Grove City College is an institution that prides itself on its self-sufficiency and refusal of any federal funding, maintaining an “institutional autonomy” ("Grove City College v. Bell."). However, they accepted many students who possessed a Basic Education Opportunity Grant, which is a program controlled by the Department of Education (“Grove”). The Department of Education passed a bill in 1972 titled the Educational Amendments Act, in which a provision called Title IX stated that any program that receives federal funding from the D.o.E will not operate in any discriminatory manner ("Title IX and Sex Discrimination."). In 1983, the D.o.E decided that the BEOG grant qualified the institution as receiving federal funding, and thus set down restrictions against gender discrimination. (“Grove”). Grove City refused the restrictions and challenged the D.o.E when they attempted to termi...
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...g Title IX’s coverage to protect those who laid claims against institutions for sexual discrimination from retaliation (“Court’s”). Another amendment made to Title IX came in 2009 as a result of the Fitzgerald v. Barnstable School Committee trial. This one is fairly straight forward and is one of the most recent amendments made. In 2009, parents of a kindergartener filed complaints against the school when their daughter came home and accused a third grade boy for making sexual comments towards her on the bus (George 53). The court found that victims of sexual discrimination or harassment could now sue the specific individual who committed the act, as opposed to the entire program or institution (George 42). The amendment also provided some suggestions to aid institutions in these cases, helping them avoid paying damages to plaintiffs for one person’s act (George 42).
Bryjak, George J. “The Ongoing Controversy Over Title IX.” USA Today Magazine 129.2662 (2000): 62. Academic Search Premier. Web. 30 Oct. 2013.
In 1973 a thirty-three year-old Caucasian male named Allan Bakke applied to and was denied admission to the University of California Medical School at Davis. In 1974 he filed another application and was once again rejected, even though his test scores were considerably higher than various minorities that were admitted under a special program. This special program specified that 16 out of 100 possible spaces for the students in the medical program were set aside solely for minorities, while the other 84 slots were for anyone who qualified, including minorities. What happened to Bakke is known as reverse discrimination. Bakke felt his rejections to be violations of the Equal Protection Clause of the 14th amendment, so he took the University of California Regents to the Superior Court of California. It was ruled that "the admissions program violated his rights under the Equal Protection Clause of the 14th Amendment"1 The clause reads as follows:"...No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor without due process of the law; nor deny to any person within its jurisdiction the equal protection of the laws."2 The court ruled that race could not be a factor in admissions. However, they did not force the admittance of Bakke because the court could not know if he would have been admitted if the special admissions program for minorities did not exist.
Board of Education (1954). In the Constitution it?s found in the 14th Amendment, Equal Protection Clause, which prohibits any state from denying equal rights to any person and equal protection of the laws. In a 5-4 decision, delivered by Justice Sandra Day O?Conner they argued that under Title IX Jackson had the right to pursue his case in court (Chicago-Kent College of Law, 2015c). The majority was lead to believe and ruled that it was intentional retaliation of the Birmingham Board of Education to fire Jackson from his position in the school (Mahon, 2015). Concurring opinion was stated by O?Connor and the dissenting opinions were stated by Thomas (Jackson v. Birmingham Board of Education,
Title IX is a law that was made by the NCAA in 1972, that states that there can be no discrimination or exclusion of a gender through athletics or education. (Mankiller). Which means that men's sports cannot be favored over women's sports. Many people are very cognizant of this law. For example, if a school has $100,000, the school must spend the money equally between the athletics of each gender, even if there are more men's sports teams. They must get the same treatment. That may sound great, but Title IX has impacted men's athletics significantly. Although Title IX has been a valuable way to establish gender equality, the NCAA loses money, puts men out of scholarships, abolishes smaller men’s sports teams, and it should be
Discrimination is still a chronic global issue, and drastic inequalities still exist at the present time. Thus, the Affirmative Action Law is an important tool to many minorities most especially to women, and people of color, for the reason that this program provides an equality on educational, and professional opportunities for every qualified individual living in the United States. Without this program, a higher education would have been impossible for a “minority students” to attain. Additionally, without the Affirmative Action, a fair opportunity to have a higher-level career...
Federal laws and regulations contain many loopholes, are inconsistently interpreted and may be repealed outright (NOW 1). Many supporters claim the Equal Rights Amendment is needed "to clarify law for the lower courts, whose decisions still reflect confusion and inconsistency about how to deal with sex discrimination claims (Francis 2). There is a supporting theory argument that "an amendment to equality would absolutely shift the burden away from those fighting discrimination and place it where it belongs, on those that deserve it.... ... middle of paper ... ...
The case of brown v. board of education was one of the biggest turning points for African Americans to becoming accepted into white society at the time. Brown vs. Board of education to this day remains one of, if not the most important cases that African Americans have brought to the surface for the better of the United States. Brown v. Board of Education was not simply about children and education (Silent Covenants pg 11); it was about being equal in a society that claims African Americans were treated equal, when in fact they were definitely not. This case was the starting point for many Americans to realize that separate but equal did not work. The separate but equal label did not make sense either, the circumstances were clearly not separate but equal. Brown v. Board of Education brought this out, this case was the reason that blacks and whites no longer have separate restrooms and water fountains, this was the case that truly destroyed the saying separate but equal, Brown vs. Board of education truly made everyone equal.
Have you ever wondered what protects our right to an education free of sexual harassment and equal opportunity in school activities? Title IX does that.
“IT IS NO ACCIDENT that the pivotal Supreme Court decision launching the modern civil rights movement was an education case -- the 1954 Brown v. Board of Education of Topeka ruling. IN MANY WAYS, the drive to end segregated education and to put African American and white children in the same classrooms was the most radical and potentially far-reaching aspect of the civil rights movement” (ww.civil rights.com). And since this time the faces of the classroom have changed and been redefined. Students of all races, language backgrounds and learning abilities create a classroom of learners like never before. But, often the impact of the 1954 ruling was questioned because many wondered were all students in a better position now? It wasn’t until 2002 under NCLB that schools now mandated all schools must prove that infact all students were offered the same education. “Under the 2002 law, states are required to test students in reading and math in grades 3–8 and once in high school. All students are expected to meet or exceed state standards in reading and math by 2014” (www.k12.com). Unfortunately,
Jones, Dahna, Spence, Nicole, et al. Amsterdam News. Twenty-five years later, is Title IX necessary?
In 1995, Jennifer Gratz and Patrick Hamacher were two Caucasian students who applied for admission into the University of Michigan’s school of Literature, Science and the Arts with in-state tuition. They were told that they were denied admission because they were not competitive enough applicants to be admitted on the first review. Two years later, Gratz and Hamacher decide to file a class action lawsuit against the University, the school they were applying for, Lee Bollinger, and James Duderstadt, arguing that the admission procedure discriminated against certain racial and ethnic groups which violates the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964.
These amendments ensure that everyone who wants an education is treated equally, no matter what race or gender, to create opportunities for everyone. Most important of those amendments is Title IX. 1. What is the difference between a. and a. It states that; “No person in the United States shall, on the basis of gender, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance.” Title IX applies to all educational institutions, both public and private, that receive federal funds.
The issue of equality in education is not a new problem. In 1787, our federal government required all territories petitioning for statehood to provide free education for all citizens. As part of this requirement, every state constitution included, “an education clause, which typically called for a “thorough and efficient” or “uniform” system of public schools” (School Funding 6). Despite this requirement, a “uniform” system of schools has yet to be achieved in this country for a variety of reasons, many of which I will discuss later on. During the early part of th...
Title IX did much more than what the average mind thinks of when they hear the words: Title IX. I personally was interested in what people thought of when they heard this and did two simple interviews, one of my grandpa’s, a 73 year old man, and also interviewed my friend, Samm, who is a 19 year old female who just recently graduated high school. I asked each of them two simple questions: What is Title IX to you? And Has Title IX had an impact on your life? My grandpa responded with “Title IX is just a way women thought they could get some power in this country, when really we live in a country made for a man, always has been, always will be.” My friend Samm on the other hand said “Title IX has given this country a chance to get closer to the equality in living we have yearned for over a long period of time. If it wasn’t for Title IX I would not have the friends I do today because I got to know all of them through sports, something that Title IX has given me the opportunity to participate in.” Now realistically I did not get a straight-forward answer of the two questions I asked them, but I was able to see two totally different viewpoints on one single subject. I know I can not come to any overall conclusions just from interviewing two people, but I believe these two I interviewed did basically answer how people of their generation and gender would. Just as with any other problem we face today, the varying viewpoints make it very hard to come to a compromise that makes the majority of people happy.
Winslow, Barbara. "The Historians Perspective of Title IX." The Gilder Lehrman Institute of American History. 25 Mar. 2012. .