3 ms·
I don't think Title IX is discriminatory. Rather, it has been applied in discriminatory ways.
by cperciva 7y ago
I don't think Title IX is discriminatory. Rather, it has been applied in discriminatory ways.
- SpicyLemonZest 7y agoI'm not sure that's a meaningful distinction. The literal text of Title IX is so short it can't possibly be discriminatory: > No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. Everything that people normally refer to by the phrase "Title IX", from Title IX offices to Title IX cases to Title IX procedure, is an application.
- BurningFrog 7y agoThe text of Title IX is almost irrelevant. What controls its application is directives from the Department of Education. The controversial and important one here is the "Dear Colleague" letter the Obama administration sent out in 2011 that substantially chipped away at due process rights for defendants in sexual misconduct cases on campus. https://reason.com/2017/09/22/breaking-betsy-devos-withdraws-dear-coll/ https://reason.com/2017/09/22/breaking-betsy-devos-withdraws...
- ohithereyou 7y agoThat's like saying New York City's prior "stop and frisk" policy wasn't discriminatory, just that it was applied in discriminatory ways. If you have a policy that can be applied in discriminatory ways then I would argue that it is discriminatory unless the text of the policy limits its application in some way to reduce or prevent its discriminatory application.