US asks dismissal of Title IX suit

Boston Globe ^ | 5/30/02 | Mary Leonard

[Nonstatist]

WASHINGTON - The Bush administration yesterday asked a federal court to dismiss a lawsuit brought by a wrestling coaches association that challenges how Title IX, the law that bars sex discrimination in intercollegiate sports, is enforced.

The suit against the Education Department contends that US rules are illegal, encourage gender quotas, and ''mandate the very discrimination that Title IX prohibits.'' In order to achieve equality, many colleges and universities have trimmed men's sports instead of adding women's teams. The Justice Department response, filed late yesterday afternoon on behalf of the Education Department, did not address the merits of the coaches' complaint. Instead, the administration made procedural arguments, asserting that the coaches were out of bounds in suing the government when it is universities, for reasons that may or may not involve Title IX compliance, that cut men's teams and cap rosters.

[Nonstatist]

''The public has forgotten that Title IX isn't just for girls. Mothers of sons want equal opportunity, too. They want to know why their sons can't wrestle while athletic directors are scouring college cafeterias, looking for girls to do archery

That would be nice to know, wouldn't it?

[KantianBurke]

Bush and his administration continue to disgust conservatives. Soon, this type of liberal pandering won't even be news.

[Nonstatist]

Yea, he continues to disappoint. If I thought the real President was Karl Rove, I might have voted differently.

[Captainpaintball]

Meet the new boss...WORSE than the old boss!

[AmishDude]

Read the article. First, I think that the administration has to be in the position of defending the law. It's part of the definition of the solicitor general's office. The real key here is that they are not defending the substance, just on technical merits.

BTW, this is getting hyped because Jessica Gavora published a book recently, attacking Title IX. She works for -- John Ashcroft.

[Nonstatist]

I think that the administration has to be in the position of defending the law

Well, if this is merely tactical, then there should be some word or hint regarding how they will change enforcement of Title IX. That was the buzz, yet there's nothing new in today's announcement, thats for sure.

[Poohbah]

Title IX enforcement is being changed at this time.

Also, please note that an incompetently executed defense of the indefensible may do us more favors than trying to play "pick and choose" on which laws are to be enforced.

This sort of motion is routine in any civil case. The defense ALWAYS moves to dismiss, and the motion is rarely granted.

[AmishDude]

If I were Bush and I had a (now) prominent member of my administration publishing a controversial book on the subject, I'd be embarassed if I were on the other side.

They won't do this, but I would love to have them say that a literal interpretation of Title IX states that all women's sports are hereby abolished and that all sports rosters will be coed with all spots being filled via competition.

[Nonstatist]

The defense ALWAYS moves to dismiss, and the motion is rarely granted.

Well, I suppose so, unless of course they pull a Clinton judge. Then the gov't wins and what compels them to change enforcement?

Well, here's hoping... The feminists are going to go balistic if they strike proportionality, IMO. They'll be screaming from the rooftops.

[Poohbah]

Well, I suppose so, unless of course they pull a Clinton judge. Then the gov't wins and what compels them to change enforcement?

Nothing. However, the enforcement is being changed without the impetus of a lawsuit or a judgement. In short, it's being changed unilaterally.

[Nonstatist]

In short, it's being changed unilaterally

You know that for sure? If true, ther'll be a lot of happy campers from my side of the woods. It's a terrible shame to see what is probably the oldest sport in the world get removed from college campuses, because of the clandestine workings of a cabal of mendacious ideologues.

[Poohbah]

It was posted earlier this week on FR.

[hchutch]

The NWLC is complaining, and that has to be a good sign, IMHO. Don't just look at the stuff our side does, look at the REACTIONS of the opposition. 9 times out of 10, they will be very instructive, IMHO.