Title IX

Title IX, the federal civil rights law that prohibits sex discrimination in education, is well known for transforming girls’ and women’s sports. Since its early history, Title IX has embraced a system of sex segregation in sports. However, Title IX’s “separate but equal” regime is increasingly being challenged by feminists who argue that it has not done enough to eliminate gender disparities and inequities in sport and is fundamentally incompatible with the inclusion and fair treatment of transgender and nonbinary athletes. The first two sections of this article trace the history of Title IX as it has been applied to sports. The article then canvasses the feminist arguments for and against sex segregation in sports and makes the case that a regime of strict sex separation is no longer the best strategy for assuring girls’ and women’s success in sports and dislodging pernicious stereotypes of women’s inferior athleticism.