[Congressional Record Volume 145, Number 106 (Monday, July 26, 1999)]
[House]
[Pages H6399-H6401]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           BACKGROUND LEADING TO PASSAGE OF HISTORIC TITLE IX

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Hawaii (Mrs. Mink) is recognized for 5 minutes.
  Mrs. MINK of Hawaii. Mr. Speaker, I thank my colleagues for this 
honor that they are bestowing on me this evening and I want to 
especially thank the gentlewoman from California (Ms. Millender-
McDonald) for taking the initiative in convening this series of 
comments that will be made on title IX tonight.
  Today, we are witnessing the results of the formation of a concept 
which was incorporated in the education amendments of 1972 in a small 
title referred to as title IX. It is important, I

[[Page H6400]]

think, for this generation of young women in particular that are coming 
forward and experiencing opportunities which were not available two 
generations ago to understand what prompted the inclusion of this 
language in the education amendments.
  In my own experience, I went to college, I fully expected to be 
accepted in medical school, but upon applying to at least a dozen or 
more institutions in those days, in the 1950s, the reply that I 
received was, ``I'm sorry, but we do not take women into our medical 
school.'' And that was that. It was a blatant refusal to accept the 
notion that women could be equal in this society.
  Prior to that, I had ventured into the Midwest. I enrolled at the 
University of Nebraska, thinking that some of my friends, male friends, 
were in medical school there and perhaps by being there I could have a 
better opportunity to be accepted. And so I enrolled for a brief period 
at the University of Nebraska.
  Upon arriving there on campus, I found that I had been placed in a 
segregated rooming house with other minority women members of that 
college community. I was appalled at this practice, which I thought had 
been rescinded by laws previously. But I found myself in the midst of a 
tremendous turmoil on campus, which I must say I created, and within a 
short period of time the Board of Regents of that university eliminated 
that segregation and henceforth all people were treated equally and 
could be housed in the dormitories.

                              {time}  2015

  It was a series of these sorts of discrimination, even going back to 
Hawaii after I finished law school, which I went to as a second choice. 
I found that there were all sorts of vestiges of discrimination. I 
could not get a job. I always taught my colleagues currently in various 
places that if they had but given me a job, I would not be here on the 
floor of this Congress tormenting them with liberal legislation. So 
that is the penalty they pay today for ignoring my request for a simple 
job.
  But coming to the Congress, I must tell you that the one person who 
really inspired me to get active in this field was my daughter who 
applied to go to Stanford University after finishing high school and 
was rejected because the percentage of women that had been accepted in 
the freshman class had been exceeded. So even in her generation, she 
was enduring this type of discrimination merely because she was female.
  So coming to the Congress, being on the Education and Labor Committee 
chaired by Adam Clayton Powell, from the moment I sat in my chair as a 
freshman member down in the lower tier, he began hearings on 
discrimination and textbooks, and we hauled in all the textbooks to 
show that women were really being discarded. We hauled in the 
Department of Education because they were issuing films on vocational 
education which showed women as nurses, teachers, social workers, but 
not of the engaging occupations like scientists or a doctor or an 
engineer or anything of that kind.
  So as we moved into the field of education finally with the enactment 
of Public Law 8910 which was the first Federal aid to education to 
elementary and secondary schools, we wanted to make sure that with the 
Federal Government getting into funding educational programs that 
women, girls, would have an equal opportunity, and that was all we were 
trying to say. We were in the poverty program. And Job Corps centers 
were being opened all over the country, but none for the girls, so we 
fought to open up women's Job Corps centers, and I went down to West 
Virginia to dedicate the first center.
  So there were many, many people that were involved in this. Edith 
Green was the chairperson of the Higher Education Committee. She 
convened hearings in June of 1970. We celebrate the year 1972 because 
that was the enactment, but all of this was occurring from the moment I 
arrived here in 1965. I have had two generations of service in this 
Congress. I came here in 1965, and I left in 1976 to try to get to the 
other body, but they did not want or were not ready for me quite at 
that point.
  But we had a number of hearings, and Edith was always up front 
chairing that committee. She called this hearing in June of 1970, 
wanted to amend the Civil Rights Act to add the protections for women 
in that legislation which was not yet established.
  This was all going on at the same time that all the women in the 
country were getting excited about the ERA. Remember the Equal Rights 
Amendment? So you have to put this in the context of where this Nation 
was at this time and all of the foment that was going on in terms of 
our communities and here in the Congress. And so we tried to get a 
civil rights bill, but the Justice Department intervened and said, no, 
we cannot support an amendment of the Civil Rights Act; why do you not 
put this measure in the education bill? And really that is the genesis 
of title IX. It was not a surrender, but it was a concession to the 
Department of Justice at that time that insisted we do this.
  So finally, when the education amendments came up in November of 
1971, we were able to argue all of this.
  In the final comment, I must say that the tribute really and the 
sustenance of this legislation has to go to my daughter because on the 
floor when there was an attempt made to water down this legislation, I 
was on the floor helping to get it through. But at the moment, the 
critical moment of just a minute or so before the vote, I was called 
off the floor because my daughter had gotten into a accident, and so I 
rushed off to Ithaca to see how she was. And in leaving the floor, the 
amendment which was a devastating amendment passed by one vote, 212 to 
211, and so the next week the Speaker of the House, Carl Albert, took 
the floor, asked for a revote, and we captured the situation.
  So she called me the other night and said, ``If you're going to talk 
about title IX, you must mention my role in it and how your commitment 
to me almost caused a catastrophe.'' But the House of Representatives 
reacted and restored common sense and dignity to the debate, and so 
title IX lived on forever with no one ever being able to challenge it 
ever again.
  So that is the story of title IX.
  Ms. SCHAKOWSKY. Mr. Speaker, I rise today in honor of Congresswomen 
Patsy Mink and Edith Green who authored Title IX. Because of their 
vision, we all witnessed the extraordinary accomplishments of many 
remarkable women over the years, including the Women's World Cup 
Champions and Air Force Colonel Eileen Collins.
  All of America and much of the world was captivated by the grace and 
athleticism of the U.S. Women's Soccer team. All of us--men and women 
alike--were thrilled by their performances and marveled at what they 
were able to accomplish. America was on the edge of its seat during the 
final game.
  And, just last week, Air Force Colonel Eileen Collins became the 
first woman to command a NASA space shuttle. Once again, we had 
evidence of what women can achieve if they are given the tools and 
opportunities.
  It was a thrill for me to join the First Lady, members of Congress 
including Congresswoman Mink and the World Champion Women's Soccer Team 
aboard Air Force Two last Monday night to witness the Space Shuttle 
``near'' launch commanded by Colonel Collins. It was quite a 
celebration of the successes of women. I wish the entire crew a 
successful mission and a safe return home.
  Tonight, we pay tribute not just to Congresswomen Mink and Green, but 
to all the other women in this country who have excelled at sports or 
the arts, at science and in business.
  Congresswomen Patsy Mink and Edith Green made a real difference in 
the lives of girls and women, and in the communities in which they 
live. Without their efforts, there would likely be no World Cup 
championship women's soccer team today or female NASA shuttle 
commanders. Those two extraordinary women, through their vision and 
courage, gave American women the tools to succeed.
  Representatives Mink and Green were the guiding spirits behind Title 
IX of the Educational Amendments of 1972--the landmark legislation that 
bans sex discrimination in schools in both academics and athletics. 
Title IX states, ``No person in the U.S. shall, on the basis of sex be 
excluded from participation in, or denied the benefits of, or be 
subjected to discrimination under any educational program or activity 
receiving federal aid.''
  Before Title IX, many schools saw no problem in refusing to admit 
women or having strict limits. But since Title IX, we have seen 
significant increases in women's educational achievements: In 1994, 
women received 38 percent of medical degrees, compared with 9 percent 
in 1972; In 1994, women earned 43

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percent of law degrees, compared with 7 percent in 1972; In 1994, 44 
percent of all doctoral degrees to U.S. citizens went to women, up from 
25 percent in 1977.
  Title IX governs the overall equity of treatment and opportunity in 
athletics while giving schools the flexibility to choose sports based 
on student body interest, geographic influence, a given school's budget 
restraints, and gender ratio. The focus is on the necessity for women 
to have opportunities equal to men on the whole, not on an individual 
basis.
  Here are just a few statistics that illustrate the impact this 
groundbreaking legislation has had: In 1971, about 31,000 women were 
involved in college sports and today that number has more than tripled; 
From 1971 to 1998, spending on athletic scholarships for women has 
grown from less than $100,000 to almost $200 million; In 1971, there 
was an average of 2.1 women's teams at colleges and now that number is 
at a record 7.7 per school; In 1971, the athletic participation of all 
girls in this country was 294,015. Today, this number has climbed to 
over 2.2 million; Forty percent of athletes at Division I schools in 
1997-98 were women--a 5 percent increase from 1996-97; During the same 
year, women received 40 percent of athletic scholarship budgets--a 14 
percent rise from the previous year.
  In closing, let me thank, on behalf of all Americans, Congresswomen 
Patsy Mink and Edith Green and all the girls and women who inspire and 
lead us each and every day.
  Ms. ROYBAL-ALLARD. Mr. Speaker, I am delighted to join my women 
colleagues to commemorate Title IX's successes and achievements. First, 
I would like to commend my colleague and friend, Congresswoman Patsy 
Mink, as well as former Oregon Congresswoman Edith Green who authored 
and initiated Title IX over 20 years ago. Their contributions in 
support of equal opportunity for women have been invaluable.
  Signed into law in 1972, Title IX is the landmark civil rights law 
that banned sex discrimination in schools in both academics and 
athletics. While the law applied to all education programs in schools 
receiving federal aid, it has become best known for expanding athletic 
opportunities for women.
  Since Title IX's passage, women's participation in intercollegiate 
sports has skyrocketed: When Title IX was first passed, there were 
31,000 women participating in intercollegiate athletics. Today, that 
number is over 120,000--a four-fold increase.
  A recent survey showed that the number of women's collegiate teams 
have risen from 5.6 teams per school in 1977 to 7.5 in 1996.
  Simply put, Title IX has been a smashing success for women's 
collegiate sports, which were virtually non-existent in the early 
1970's.
  But critics still like to lambaste Title IX, alleging that it's 
decimated men's sports or gone too far.
  Let's put these tired old myths about Title IX to rest:
  Myth #1: Title IX enforces quotas against men.
  Nothing could be further from the truth. Title IX forbids quotas. It 
simply prohibits sex discrimination in federally funded education 
programs. That means female students must have equal opportunities to 
participate in education programs, including athletics. Utilizing a 
three-prong test, schools can show they comply with Title IX by 
fulfilling one of three requirements, offering schools flexibility and 
ample room for Title IX compliance.
  Myth #2: Title IX will cause the elimination of men's collegiate 
sports.
  Title IX does not require schools to cut men's sports. Nor has Title 
IX ever forced a school to eliminate a men's sports program to meet 
compliance. Many schools have decided to cut teams in men's minor 
sports, such as gymnastics and wrestling, for a combination of reasons, 
including budget constraints, changes in student interest, alumni 
support, liability or risk of injury. Let's not forget that football 
and basketball budgets consume a whopping 69% of the average Division 
I-A school's men's athletic operating budget. Perhaps Title IX critics 
should point their finger at poor fiscal management or excessive 
support for one sport--not at Title IX--for the decline in men's 
sports.
  Myth #3: Title IX has gone too far.
  Despite Title IX's successes, we still have a long way to go. The 
fact is that women's athletics continue to lag behind men's programs. 
Compared to men, female athletes have only 38% of scholarships. From 
1992-1997, men's athletic budgets, in Division 1-A alone, increased by 
139%. In contrast, women's budget increased during this time period by 
89%. From fewer scholarships, to inferior athletic equipment and 
facilities, the playing field for female athletes is far from level. We 
need Title IX now more than ever.
  Finally, the latest myth about Title IX is this: Title IX cannot be 
credited for the country's stunning success in women's soccer, because 
we produced the finest soccer players through independent youth 
leagues, outside the scope of Title IX. Let me quote a recent article 
in the latest edition of the conservative magazine The Weekly Standard: 
``Title IX could not possibly have had anything to do with the team's 
success . . . seven of this year's eleven starters . . . all joined the 
U.S. national squad as teenagers in the 1980s--Title IX's `dark 
ages'''.
  Where do Title IX critics think these women played while they were 
college-age? They played at universities with top-notch college soccer 
teams. It is the heralded successes of the University of North 
Carolina's women's soccer team, the University of Tennessee's women's 
basketball team, and other Division I-A teams and their recruitment of 
top female high school athletes that has been a driving force in 
promoting athletic programs at the high school level, both public and 
private. In fact, in high school, the number of female athletes has 
jumped from 294,000 in 1971 to 2.4 million in 1995. Indeed, Title IX 
has sent the message to our young women that they have far more 
opportunities to compete at the college level and to qualify for 
college scholarships than any prior generation.
  In closing, Title IX has helped put women's sports on the map, 
including swimming, gymnastics, softball, lacrosse, field hockey, track 
and field, basketball and soccer. But perhaps Title IX's most important 
triumph is that it tells our girls that they can be and do whatever 
they want--and that includes excelling in sports and academics.

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