7 - Gender Discrimination in Education

Summary

This chapter examines the history of efforts to ensure gender equity in education. Special attention is paid to the provisions, case law, and enforcement actions of Title IX of the Eduational Act of 1972. Key precedents are examined, including Grove City, Cannon, Gebser, and Davis. The chapter also examines the use of the Equal Protection Clause to create equal educational opportunities for women - most notably exemplified by Justice Ginsburg’s majority opinion in United States v. Virginia. The chapter compares the disparate approaches to Title IX enforcement taken by the Obama and Trump adminstrations, contrasting the standards, emphases, and procedures outlined in their respective regulatory documents. Finally, the chapter examines the ongoing prevalence of gender discrimination in American education and American society at large. The tenets of social constructivism promise to help mitigate both harmful tendencies.