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After teaching sports law for several years, I am struck that few people can articulate a coherent general thesis of what gender equity means or a clear vision of what the athletic picture will look like when it has been attained. The law of gender equity, however, is not so difficult to find. The Equal Protection Clause of the Fourteenth Amendment, 42 U.S.C. § 1983 (§ 1983) and Title IX of the Civil Rights Act of 1964, as amended by the Education Amendments of 1972, are the major sources of American gender equity law. The Equal Protection Clause has been used to address gender based discrimination in government sponsored athletics activities. Section 1983 has been used to challenge the exclusion of girls from sports activities using public facilities. Title IX, which is among the legislative progeny of Equal Protection jurisprudence, has been used to address disparities in the treatment of boys and girls in athletic programs within educational systems that receive federal funding. I am going to examine the meaning of gender equity for Black women and sketch a general framework for principles to aid the formulation of sports policy on gender equity as it applies to Black women.

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Marquette Sports Law Review



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