Title IX Nonsense – Sneaking

Title IX NonsenseSneaking Suspicions has a very thoughtful and thorough post on a thoroughly disappointing Sixth Circuit opinion on Title IX.

Among the several gems in Judge Alice Batchelder’s opinion was the following:

If a university cannot afford to add sports teams in order to provide equal athletic opportunity for men and women, it may be forced to subtract in order to equalize. It is anomalous in an allegedly free society to accomplish equality of opportunity by decreasing rather than increasing opportunities, but in the real world of finite resources, this approach may be the only way for an educational institution to comply with Title IX ….

“May be” may be a bit disingenous, as Judge Batchelder upheld Miami University of Ohio’s decision to eliminate men’s tennis, wrestling, and soccer teams in order to raise the percentage of athletes who are women. She must think that appropriate for a society that is only “allegedly” free.

Say What?