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October 14, 2004

Ruling May Be The End Of Title IX Suit

FROM THE DISTRICT OF COLUMBIA US APPEALS COURT comes word of yet another ruling against college wrestling coaches who had brought suit challenging Title IX corrective measures that they alleged were the cause of the elimination of wrestling programs.

The crux of the coaches’ argument was that Title IX forced college athletics programs to violate the Constitution's 14th Amendment requiring that individuals receive equal protection under the law.

In what was described as an unusually contentious decision, a three-judge panel denied the coaches' motion for a rehearing of the case, by a vote of 2 to 1.

Meanwhile, the coaches’ request for a hearing before the full panel of nine judges was denied. Thus, the coaches’ three year old case apparently has gotten the count of three (we couldn’t resist that pun).

For the majority, Judges Harry Edwards and Karen LeCraft Henderson minced no words when they said that the coaches had offered "nothing but unadorned speculation" that forcing the Education Department to change its rules would cause colleges to bring back men's teams.

It is always unfortunate that one group has to suffer in order to redress wrongs or shortcomings experienced by another group. Better to create a bigger pie than to resize individual pieces of a pie that stays the same size.

More later (you can be sure) . . . . .


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(this 225 excerpt—with accompanying Confucius-like commentary—was distilled from a 622 word article from the Chronicle of Higher Education of 10-11-04 and the 2600 word brief from the DC Court of Appeals)