[Congressional Record Volume 143, Number 89 (Monday, June 23, 1997)]
[House]
[Pages H4218-H4219]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CELEBRATING THE 25TH ANNIVERSARY OF TITLE IX
Mr. Speaker, today marks the 25th anniversary of title IX of the
Education Act Amendments of 1972, which prohibits sex discrimination in
educational institutions receiving Federal funds.
To commemorate the 25th anniversary of title IX, Congressman David
Bonior, Congresswoman Marge Roukema, and I, along with 61 other
cosponsors are introducing a concurrent resolution which celebrates the
accomplishments of title IX and support efforts to continue pursuing
the goal of educational opportunity for women and girls.
I ask unanimous consent that resolution be printed in the Record.
Since its enactment, title IX has opened the doors of educational
opportunity to literally millions of girls and women across the Nation.
Title IX helped tear down inequitable admissions policies, increase
opportunities for women in nontraditional fields of study such as math
and science, improve vocational education opportunities for women,
reduce discrimination against pregnant students and teen mothers,
protect female students from sexual harassment in our schools, and
increase athletic opportunities for girls and women.
As a member of the Education and Labor Committee in 1972, I helped to
craft title IX and worked diligently throughout the years to promote
this law and fight against efforts to weaken its impact. I consider
title IX one of my most significant accomplishments while in the
Congress and take special pride and pleasure tonight in recognizing the
accomplishment of title IX.
We have heard so much in recent years about the accomplishments of
title IX, particularly in the area of athletics, but so many don't
really know the history of this legislation and the battles that were
fought to keep this law intact. On the occasion of the 25th anniversary
of title IX I thought it would be appropriate to share the history of
this landmark law, and recount its origins, its battles and its
achievements.
The origins of title IX began in a series of hearings on sex
discrimination in the House Education and Labor Committee in 1970, led
by Congresswoman Edith Green, who was chair of the Special Subcommittee
on Education at that time.
In June 1970 the subcommittee held a hearing on legislation
introduced by Congresswoman Green, H.R. 16098, to amend title VI of the
Civil Rights Act of 1964 to include a prohibition against sex
discrimination in any program or activity receiving Federal financial
assistance.
We have to put this initiative in the context of the times. This was
right around the time of the big push for the equal rights amendments.
The women's movement was activated and pursuing avenues to gain equal
rights protection in the law. Representative Green's bill would have
provided such protection through the Civil Rights Act which had been
passed six years prior to this time, but only covered race, color, and
national origin.
On July 3, 1970, Assistant Attorney General for Civil Rights Jerris
Leonard testified before Green's subcommittee stating that ``while we
are not able to support this language * * * we suggest an
alternative.'' He suggested that the committee should not amendment
title VI of the Civil Rights Act, but enact separate legislation to
prohibit sex discrimination in education only. This is the genesis of
title IX.
The House Education and Labor Committee had a large body of evidence
of discrimination against girls and women in our education system.
Since I came to the Congress and the committee in 1965 the committee
had been involved in hearings related to equal educational
opportunities for girls and women. We scrutinized textbooks which only
portrayed successful men, admissions policies which excluded women from
graduate and professional schools, and vocational education courses.
Consideration of amendments to the Higher Education Act in 1971
provided us with an opportunity to pursue language on sex
discrimination in schools. Edith Green and I worked on language to
include in the House bill (H.R. 7248) which would prohibit
discrimination on the basis of sex in any educational program receiving
Federal funds.
This provision which was initially title X of H.R. 7248 included the
sex discrimination prohibition, authorized the Civil Rights Commission
to investigate sex discrimination, removed the exemption of teachers
from the equal employment coverage of the 1964 Civil Rights Act and
eliminated the exemption of executives, administrators and professions
from the Equal Pay Act.
The bill was reported out of the House Education and Labor Committee
on September 30. The committee report filed on October 8 and the bill
was considered by the full House beginning on October 27, 1971.
During consideration by the full House Rep. John Erlenborn offered an
amendment to exempt undergraduate admissions policies of
[[Page H4219]]
colleges and universities from the prohibition on sex discrimination in
title X. The amendment won by a 5-vote margin of 194 to 189.
A provision (section 1007) which authorized the Civil Rights
Commission to investigate the problem of sex discrimination was
eliminated during the floor debate on a point of order by House
Judiciary Committee Chairman Emanual Celler, who objected to the
provision because it came under the jurisdiction of his committee.
The Senate was also working on amendments to the Higher Education Act
in 1971. The Senate Committee on Labor and Public Welfare reported out
its bill (S. 659) without any provisions prohibiting sex
discrimination.
However, during the Senate floor debate on August 6, 1971, Senator
Birch Bayh offered an amendment along with Senators Kennedy and Hart to
ban sex discrimination in any public higher education institutions or
graduate program receiving federal funds. Senator McGovern also
submitted an amendment prohibiting sex discrimination in education, but
did not offer his amendment and supported the Bayh amendment.
A point of order was raised against the Bayh amendment by Senator
Strom Thurmond, on the grounds that the Bayh amendment was not germane.
The point of order was sustained by the Chair, who ruled that the
amendment was not germane because ``The pending amendment deals with
discrimination on the basis of sex. There are no provisions in the bill
dealing with sex.'' A 50-to-32 rollcall vote sustained the ruling of
the Chair that his amendment was not germane.
The Senate reconsidered its Higher Education legislation in early
1972, because the House had included provisions prohibiting the use of
Federal education funds for busing which the Senate objected. Again,
the bill coming out of committee did not include provisions banning sex
discrimination in schools.
However, during the Senate floor debate which began on February 22,
1972, Senator Birch Bayh offered an amendment to prohibit sex
discrimination in educational institutions receiving federal funds. The
Bayh amendment exempted the admissions policies of private
institutions, and a Bentsen amendment to the Bayh amendment provided an
exemption for public single sex undergraduate institutions. Both
amendments passed by voice vote.
The House Senate Conference was held in the spring of 1972. The
conferees retained provisions prohibiting sex discrimination,
reconciling the differences between the House and Senate version. The
final version of the Education Act Amendments of 1972 included title IX
which prohibits sex discrimination in all Federal education
institutions receiving Federal funds, except for undergraduate
admissions policies of private higher education institutions and public
institutions of a traditional single-sex policy. The conference report
was filed in the Senate on May 22 and in the House on May 23. The
Congress approved the bill on June 8 and President Nixon signed the
bill on June 23, 1972--25 years ago today.
Most people recognize the accomplishments of title IX in the area of
athletics. Certainly, one of the most spectacular achievements of title
IX has been the increased athletic opportunity for girls and women at
every level of the educational experience. However, the impact of title
IX in the sports arena was not controversial at first. The most
controversial items during the original title IX debate centered around
admissions policies.
It wasn't until a few years later that college athletics began to
experience the impact of title IX that we had our first big challenge
to the law. When the coaches, and male athletes realized that they
would have to share their facilities and budgets with the women, they
became outraged.
In 1975, opponents of title IX's impact on athletics proposed an
amendment to the education appropriations bill to prohibit the
Department of Health, Education and Welfare from promulgating the title
IX regulations as it applies to athletics in colleges and universities.
They paraded a number of college and professional athletes through
the Committee room to testify that title IX hurt men's athletics. At
the time women athletes were so few and unknown, that the only well-
known athlete we had to testify was Billy Jean King. The fact that
there were virtually no prominent women athletes in our country was a
testament in itself of the necessity of title IX.
The amendment was included in the House appropriations bill (H.R.
5901), but stricken in conference. On July 12, 1975, I managed the
House debate against a motion by Rep. Casey to insist on the House
position. In the midst of the vigorous debate on the issue, I was sent
word from the cloakroom that my daughter was in a life threatening car
accident while in college in New York. I left the floor immediately to
go to my daughter. The Casey motion carried on a vote of 212 to 211.
The newspapers reported that I had left the floor ``crying'' in the
face of defeat. But in reality I was facing a tremendous family crisis.
The next day Speaker Carl Albert took the floor and explained the
circumstances of my departure from the floor. Congressman Flood offered
a motion to reject the Casey position which carried by a vote of 215 to
178, preserving the regulations and title IX's application to athletes.
Mr. Speaker, as I have recounted this experience, you can see that
the pursuit of title IX and its enforcement has been a personal crusade
for me. Equal educational opportunities for women and girls is
essential for us to achieve parity in all aspects of our society. For
the last 25 years title IX has been the great defender of equity, let
us celebrate its accomplishments and continue to work toward its goal
of equal educational opportunity for all women and girls.
H. Con. Res. --
Whereas 25 years ago, on June 23, 1972, title IX of the
Education Act Amendments of 1972 was signed into law by the
President of the United States;
Whereas title IX prohibits discrimination on the basis of
sex in the administration of any education program in any
educational institution receiving Federal aid;
Whereas remarkable gains have been made to ensure equal
opportunity for girls and women under the inspiration and
mandate of title IX;
Whereas title IX serves as the nondiscrimination principle
in education;
Whereas title IX has moved this Nation closer to the
fulfillment of access and opportunities for women and girls
in all aspects of life;
Whereas title IX has increased educational opportunities
for women and girls, resulting in improved graduation rates,
increased access to professional schools and nontraditional
fields of study such as math and science, and improved
employment opportunities;
Whereas title IX has increased opportunities for women and
girls in sports, leading to greater access to competitive
sports, and building strong values such as teamwork,
leadership, discipline, work ethic, self-sacrifice, pride in
accomplishment, and strength of character;
Whereas 25 years of progress under title IX is widely
acknowledged, but there is still much work to be done if the
promise of title IX is to be fulfilled: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That the Congress celebrates--
(1) the accomplishments of title IX of the Education Act
Amendments of 1972 in increasing opportunities for women and
girls in all facets of education; and
(2) the magnificent accomplishments of women and girls in
sports.
Mr. TOWNS. Mr. Speaker, I rise today to join my colleagues in
celebrating the 25th anniversary of title IX of the Education Act
Amendments of 1972.
With the passage of this landmark civil rights law, millions of women
and girls in our Nation have enjoyed increased social and economic
opportunities. There is no doubt that Title IX has made it possible for
them to become important players in the world of sports and in other
arenas. Today, 2.4 million American girls participate in high school
sports, a tenfold increase from two decades ago. It is much better
today, and it will be much better 25 years from now.
However, we must not forget that the struggle continues. Sexual
harassment and discrimination against women in our schools has not been
obliterated. Yes, we still have much to accomplish--as a recent NCAA
report made abundantly clear--and we must aggressively continue to
pursue equality. Give women fair playing time and opportunity and the
trends indicate they will show the same levels of desire and ability in
athletics as men.
Mr. Speaker, as Members of Congress, we must continue to support
title IX. Our future generations are counting on us to uphold the
mantle of equal rights for all Americans.
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