were being offered, taking into account the difference between contact and non-contact sports? [16] Third, and what proved to be the most important aspect of the Policy Interpretation for recent cases dealing with Title IX, was whether adequate levels of competition were being made available to both sexes, including the opportunity for team competition. [17]When Title IX was looked at under the U.S. Constitution, The Supreme Court determined that it does not violate the First Amendment. Also, the Court “expressly rejected the notion that education is a fundamental right, protected by the Fourteenth Amendment.” [16] The court said “in the area of education, participation in interscholastic and intercollegiate activities is not a constitutionally protected civil right.” [16] Even though extracurricular activities are not considered a fundamental constitutional right, when a school provides these activities, it has to do so on an equal, though not necessarily identical, basis. “Absolute equality of opportunity in every sport is not the mandate.” [16] “The court further concluded that “interscholastic athletics is not a property right.”” [16]In Hoover v. Meiklejohn, 420 F. Supp. 164 (D. Colo. 1977), the court decided that totally denying a female public high school student the opportunity to play soccer, was a equal protection violation under the Fourteenth Amendment. [16] “However, the court noted that “there is no right to a position on the athletic team, but only a right to compete for it on equal terms.”” [23]Most recently, in Communities for Equity v. Michigan High School Athletic Association, 80 F.Supp.2d 729, 141 Ed. Law Rep. 646 W.D.Mich, a sex discrimination case, representatives of high school girls in Michigan filed a complaint alleging that the Michigan High School Athletic Association (MHSAA) is violating Title IX a...
