Showing posts with label Athletes. Show all posts
Showing posts with label Athletes. Show all posts

Tuesday, August 24, 2021

EQUAL OPPORTUNITY FOR WOMEN MAKES US STRONGER

TITLE IX AND THE ASCENT OF THE AMERICAN FEMALE ATHLETE 


Without women, the United States Olympic team would have been in a world of hurt.  The Tokyo
games ended recently and the world now assesses the meaning of a COVID-19 marred Olympiad, while looking forward to next year’s winter games and the 2024 summer games in Paris.

One thing stands out about the American effort in
Tokyo. U.S. women made their presence felt. They captured over 58% of the medals Americans won. That didn’t just happen. It directly resulted from action American legislators took almost 50 years ago. The success of U.S. female athletes shows what can happen with a dedicated commitment to equal opportunity. It offers lessons that apply across society.



The Governmental Action was Title IX

Mostly without anyone looking, Congress in 1972 amended the 1964 Civil Rights Act with a
provision that said, “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.…”  Before that enactment, one in 27 girls participated in school sports. Now that number exceeds two in five. Despite grudging compliance by school districts and universities with the requirement of equal funding for women’s sports, over the 35 years after Title IX’s passage, female involvement in high school sports jumped 904 % and college participation increased 456%.

We shouldn’t forget the opposition Title IX encountered in its early years, much of it from the National Collegiate Athletic Association. The
NCAA feared loss of power and control over lucrative men’s sports, especially football and basketball, if colleges and universities had to fund women’s sports programs. The NCAA first argued for exemption of college athletic departments from Title IX requirements, contending the departments
didn’t receive federal funds. That argument ignored the fact college athletic departments are part of institutions of higher education, nearly all of which receive federal money. They also argued equal sports funding for women would mean a loss of opportunities for men (a few men’s programs did get cut at individual schools, though overall men’s participation increased). Finally, the NCAA asserted Title IX equity formulas should exempt college football. 

Ultimately, courts and government agencies charged with enforcing Title IX rejected these contentions. The NCAA decided it couldn’t beat the women’s sports movement, so it took it over. In
1982 it forced out of existence the Association of Intercollegiate Athletics for Women (AIAW), the organization that had promoted women’s college sports while the NCAA was doing everything it could to undermine support for women’s programs. Even today, though, the NCAA often treats women’s sports teams as second-class citizens, as last winter’s weight room fiasco demonstrated. It provided men with state of the art weight training facilities at basketball tournament sites while giving women a few dumbbells. 


The Olympic Dividend

We can’t say Congress knew it was birthing an Olympic medals bonanza for the United States
when it passed Title IX. The law passed because of the efforts of a small, determined group of women (and a few men) who, in the late ‘60s, began agitating for federal and state legislation assuring women equal rights in education. As noted, few people paid much attention when it passed, though the NCAA soon perceived a threat. Then something funny happened.

By the early ‘80s, U.S. women began excelling in international competition in sports, like track and
field and basketball, previously dominated by the Soviet Union and eastern European countries like East Germany (many of those eastern Europeans probably were on steroids, but that’s a subject for another day). All of a sudden U.S. women who’d gone through college and university programs started winning championships.

By the ‘80s and ‘90s, the U.S. was producing female stars, like Florence Griffith-Joyner and Jackie Joyner-Kersee in track and field and basketball greats like Cheryl Miller and Dawn Staley. In 1996, the U. S. women’s basketball team kicked off a gold medal streak that has reached seven and shows no signs of ending, despite the likely retirements of five-time gold medalists Sue Bird and Diana Taurasi.



In Tokyo, the American team won 113 medals (China finished second with 88). Women won 66 of
the U.S. total. Had the American women been a nation, they would have placed fourth in the overall medal count. Since 2012, American women have won the majority of U.S. Olympic medals.

 

Pride and Inspiration– for all Americans

Women can take great pride in what U.S. women
athletes have accomplished in the Olympics, as can men. Those are our sisters, daughters, granddaughters, nieces, even wives, winning those medals. Their achievements should inspire everyone.  We’re reminded of what Arkansas football coach Sam Pittman told his players after the Arkansas women’s basketball team upset perennial power Connecticut last winter. “They wear the same logo on their uniforms we do,” Pittman said. “Let’s be like them.” 

We also can take pride in the progress American women have made in Olympic sports since the advent of Title IX because of what that progress says about our country. The law’s role in the development of American female athletes shows what can happen when a nation decides it will treat
all its citizens fairly and equally. Title IX, especially when juxtaposed with the NCAA’s obstructionism, stands as an example of what happens when societies don’t engage in zero-sum game thinking. Every time someone gains something doesn’t mean someone else must lose something. The rise of the American female athlete lifts US all and serves as a model for the world.            


Thursday, August 16, 2018

STANDING OR KNEELING FOR THE NATIONAL ANTHEM: WHO’S A REAL PATRIOT?



Football season is upon us!  We’re ready to enjoy the nation’s most compelling sport, right?  As college football analyst Lee Corso might say, however, ‘not so fast.’  In addition to chattering about blitz packages and pass patterns, players, fans, and media once again find the sport embroiled in the now-racialized criminal justice/national

We feel compelled to discuss this topic because the issues underlying the debate symbolize important concerns in America’s political and legal fabric.  Earlier, on a different issue, we proudly called ourselves patriots because of our commitment to protecting this country’s democratic institutions and principles.  Those institutions and principles assure rights and opportunities for all Americans.  The criminal justice/national anthem debate implicates critical American values, so we will have our say.

The Kneeling, Blackballed Quarterback
In 2016, San Francisco 49ers quarterback Colin Kaepernick,
a biracial American, began kneeling during the national
anthem in protest of racial injustice in the United States, including police shootings of young black men.  Kaepernick’s entire story is complex and we won’t detail it here.  Suffice it to say kneeling eventually helped get him blackballed and he hasn’t played since late 2016. Because no team would sign him, Kaepernick filed a lawsuit against the NFL.


Other players, nearly all African-American, began kneeling.  That was controversial,
of course, but when Trump slammed them at an Alabama political rally in 2017, he exposed other racial wounds in American society.  The image-obsessed NFL and its mostly Trump-friendly owners got nervous and began taking actions that would curb the protests.  The league at one time offered players financial support for community projects in exchange for ending the protests.  During this past off-season, the league formulated a rule requiring players to stand for the anthem or remain in the locker room while it’s played.  Some teams, however, said they’ll fine players if they don’t go onto the field and stand for the anthem, negating the league-mandated locker room option.

Free Speech?

Protesting players and their supporters often cast this as a free speech issue. It is and it isn’t.  As lawyers,we certainly
know the First Amendment to the United States Constitution  likely doesn’t apply in this circumstance.  The First Amendment operates as a limit on government, not as a general,
across-the-board grant of personal free speech rights applicable in all situations.  The NFL isn't the government.  No court, at least not on First Amendment grounds, can keep the NFL from enforcing whatever speech limits it wants on its players in the absence of a collective bargaining agreement addressing the issue. 

That legal principle doesn’t, however, end the inquiry. We’d note the NFL’s extensive entanglement with government, potentially suggesting a court should treat it as a state actor for free speech purposes.  Nearly every NFL team plays in a stadium built, at least in part, with tax dollars.  Extensive police presence at league games gives them the flavor of state-sponsored events.   The NFL’s close ties with the U.S. military only add to the connection between the league and the federal government.

Leaving aside this admittedly novel legal argument, the NFL has become so pervasive in our society that squashing a player’s ability to comment, symbolically, on an important political and social issue seems outdated, outmoded, and fundamentally unfair.  Entertainers, political figures, and business people engage in protected, symbolic speech all the time.  What makes professional athletes different?  The fact not many players in other leagues haven’t protested in the same way doesn’t really answer that question.

Zero Sum Game?
While the protests started as an effort to bring attention to race discrimination in the criminal justice system, almost single handedly, Trump turned them into a debate about who is patriotic and who isn’t.   Stand for the anthem and you’re a patriot, kneel and you’re not.  We should not forget our history.  Throughout the life of this nation groups of all kinds – blacks, women, religious minorities, the LBGTQ community -- have taken the route of peaceful, non-violent protest in securing rights majorities take for granted.  Protest has made our nation stronger.

During the Vietnam era, war protesters regularly wrapped the flag around their dissent.  They argued the best way to honor America, its traditions, and its institutions was ending our disgusting involvement in an immoral war that ultimately didn’t serve the national interest or enhance national security.  While the Johnson and Nixon administrations equated patriotism with support for the war, dissenters declared themselves the real patriots.

We see a parallel between Vietnam and the national anthem debate of today.  Maintaining the right to bring grievances against the government stands at the core of our democracy.  This nation rests on that foundation.  The fact the NFL technically isn’t the government doesn’t matter.  The NFL is such a big player in American life, if protests at NFL games represent the best way to challenge unjust police shootings, we should have protests at NFL games.  If players can’t protest at NFL games now, in the future, where else will some fascist-leaning leader say we can’t have protests?   

Think about that.