I have read a week of these posts on this subject. Most of the opinions expressed in this thread are incorrect from a legal standpoint. I am a practicing attorney, I teach Constitutional Law at the college level, and I assure not one post is accurate regarding the legality of this matter.
Title IX has no application here. While the text of the law says it applies to all educational institutions receiving financial aid, the purpose of the act was to reform post-secondary education, and that is where almost the entire application judicially has been. So, those comments which reference that point here are incorrect. (I understand there is pending appellate activity that would make Title IX strictly inapplicable to secondary education).
The law you need to google is the Civil Rights Act of 1964, which prohibits discrimination based on race (3 deliniated categories), religion, and gender (applicable here). For those amateur lawyers, (there seems to be quite a few here), look up 42 USC 1983, that is the statutory reference.
This law says you cannot discriminate, in public schools, based on gender. This law was discussed and confirmed in a 1973 court case involving a female cross country runner at Wichita Southeast HS who tried to run on the male team. The court ruled that she was allowed to participate, thus making gender discrimination in public schools unlawful in Kansas. This rule of law does not apply to private schools, who are allowed to discriminate on the basis of gender. See Gilpin v. Kansas State High School Activities Ass'n, Inc., 377 F.Supp. 1233 (D.Kan. 1973).
That is the current status of the law in this area. My recommendation is that if you want to play pundit, you should understand the subject before you try to explain it. So far, the only person who has made a an accurate technical comment was Jerry Dale regarding his flatulence.
