POS 500 Equal Protection and Public Education Essay
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Grand Canyon University *
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Law
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Feb 20, 2024
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RUNNING HEAD: EQUAL PROTECTION AND PUBLIC EDUCATION ESSAY 1
Kaitlin Bishop POS-500 Grand Canyon University
Equal Protection and Public Education Essay
November 29, 2023
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Gender equality remains a persistent concern even in modern times. Over the years, women have encountered numerous obstacles due to gender, one of which is discrimination in the sports industry. Numerous tales exist where the girl was denied the opportunity to participate in the male squad.
This essay's goals are to define equal protection, go over legal concerns and previous cases, and talk about K–12 kids' rights to equal protection in gender-based sports programs. It also goes over the specifics of how students are classified.
Facts
Discrimination based on gender in sports was a major subject of Title IX, an amendment to the Education Amendments Act of 1972. "No person in the United States shall, on the basis of
sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance," according to Title IX (Christopher, 2020).
The goal of Title IX was to provide equal opportunities for women and men. This permitted equal representation and included, but was not restricted to, equal access to resources like locker facilities. Sports teams for girls should be equally numerous as those for boys.
Girls are permitted to take part on the boys’ team if there isn't a team for them. The school's government financing may be terminated if this is broken.
Legal Issues
Many incidents of girls being refused the opportunity to play on the boys' team have occurred throughout the years, and these have gone to court. Consider the 1975 lawsuit Darrin v. Gould, involving the Darrin sisters, Carol and Deloris Darrin.
The Darrin sisters wanted to play contact football, but their school only had a football team with boys on it. They could not find a team for girls. The girls passed the physical exam, satisfied the insurance requirements, and took
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part in the required amount of practice as mandated by the Washington Interscholastic Activities Association (WIAA), all of which the coach determined to be met by the girls.
However, the WIAA informed the coach before the season began that the females would not be allowed to play
because of rules that forbade girls from playing on the boys' football team (Darrin vs. Gould, 1975). The girls filed a lawsuit alleging that the WIAA had violated the Equal Rights Amendment and that they had not received equal protection under the law. The court found in favor of the girls. In June 2009, six Florida parents sued the Florida High School Athletic Association (FHSAA) on behalf of their daughters in another, more recent instance.
The parents argued that because female athletes were not receiving equal opportunities in terms of game scheduling, a new FHSAA policy discriminated against them. Ultimately, the courts decided in favor of the parents, finding that Title IX and equal protection provisions of the FHSAA had been broken.
There have been cases recently concerning transgender people and whether they should be permitted to participate depending on the gender they identified with at birth as opposed to the gender they were born with. That is specifically addressed in the Brief of Amici Curiae Independent Women's forum and 1013 Athletes and Parents Supporting Petitioner in the Case of R.G. and G.R. Harris Funeral Homes Inc. vs. Equal Employment Opportunity Commission.
According to the court case, Congress should clarify what "sex" meant, and the courts should not be tasked with bringing the legislation up to date to reflect contemporary society.
Defining Equal Protection
"A guarantee under the 14th Amendment to the U.S. Constitution that a state must treat an individual or class of individuals the same as it treats other individuals or classes in like circumstances" is how Merriam-Webster defines equal protection (Merriam-Webster, 2021).
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This implies that everyone should be treated equally in these situations, regardless of their gender, color, religion, or socioeconomic status, among other factors.
Conclusion This short essay summarized the fundamental principles for protecting pupils in sports based on their gender. The objectives of this essay are to define equal protection, discuss K–12 students' entitlements for equal security in gender-based sports programs, and discuss legal issues and prior instances. The details regarding how students are categorized are also covered. Though there are many more examples and points that might be made, this is only a brief look at the topic. This essay defines equal protection and provides information on relevant facts and court cases.
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References
Christophel, J. (n.d.).
Leveling the Playing Field: Disability, Title IX, and High School Leveling the Playing Field: Disability, Title IX, and High School Sports Sports
. https://openscholarship.wustl.edu/cgi/viewcontent.cgi?
article=2154&context=law_journal_law_policy
Robinson, S., Brewer, E., Pirie, S., Goodlet, G., & Pasolodos, O. (n.d.). Retrieved November 30, 2023, from https://www.justice.gov/sites/default/files/crt/legacy/2010/12/14/
fhsaasettle.pdf
Darrin v. Gould
. (n.d.). Justia Law. https://law.justia.com/cases/washington/supreme-
court/1975/43276-1.html
Merriam-Webster Dictionary
. (2021). Merriam-Webster.com. https://www.merriam-
webster.com/dictionary/equal%20protection
vkimber. (2019, October 3).
R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission
. LII / Legal Information Institute. https://www.law.cornell.edu/supct/cert/18-107