For Her Own Good: Legal Justifications Used to Exclude Women and Girls from Sports

Abstract

Using Title IX of the Educational Amendments of 1972 and a review of the history of sport in the United States, this thesis provides a critical feminist analysis of how the legal system perpetuates and justifies sport as a male domain. The gender hierarchy in sport continues to be supported through the interpretation of the law meant to rectify gender disparities. The analysis of legal records in this thesis demonstrates that cultural and social beliefs regarding women and sport are evident in the construction of the law and impacts court rulings. Title IX and its subsequent interpretations and regulations, specifically, the Contact Sports Exemption, are manipulated in an unconstitutional manner reinforcing the traditionally male dominated institution of sport. This thesis argues that despite the nondiscrimination intent and purpose of Title IX, false assumptions about gender are perpetuated within the law and make gender equality in sport difficult, if not impossible.