[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. ____________________