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Lost in Litigation: Untold Stories of a Title Ix Lawsuit

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Lost in Litigation: Untold Stories of a Title Ix Lawsuit LOST IN LITIGATION: UNTOLD STORIES OF A TITLE IX LAWSUIT DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Kylee Jo Short, M.A. Graduate Program in Education The Ohio State University 2012 Dissertation Committee: Dr. Sarah K. Fields, Advisor Dr. Melvin Adelman Dr. Brian Turner Copyrighted by Kylee Jo Short 2012 Abstract Girls and women in the United States are more active participants of sport than ever before. Many attribute this dramatic increase to the impact of Title IX, the legislation that requires gender equity in educational settings. However, Title IX is proving just to be the first step, as it does not address all of the issues. Namely, application of the law skips over the fact that poor women of color are ultimately left out of the equation. Women and girls of color are not “winning” the Title IX game like white women and girls. On the contrary, the application of Title IX ignores poor, black females. The purpose of this project is to fill the void left by ignoring poor girls of color by considering the voices that are often lost in Title IX fights. In considering the most recent lawsuit to reach the Supreme Court, Jackson v. Birmingham Board of Education, I explore the impact of this Title IX lawsuit on the Birmingham community. Through interviews with several involved in this lawsuit—Coach Jackson, three of his former players, a parent, a student, and an athletic administrator—I provide several angles on how Title IX played out at the local level. The concepts presented—the disposition of the city, the lawsuit, the inability to settle the lawsuit, and the experiences of those involved—all provide examples of the way issues of race and class seem to fall outside the scope of the Title IX law. ii Acknowledgments So many stood behind me throughout this process that it is simply impossible to acknowledge all who impacted this project. First and foremost, to the staff and scholars at The Ohio State University, I owe my utmost gratitude. Dr. Sarah Fields, my advisor, was the backbone for this project. She reminded me often that this undertaking was doable and proved her faith in me time and time again. Sarah’s intelligence and witty sense of humor helped sustain this endeavor. Her passion for sport is contagious, and I only hope to contribute to the women and girls who play its games as she has and continues to do. Dr. Melvin Adelman and Dr. Brian Turner willing joined me in this process. Their enthusiasm for the classroom and their students was and is always refreshing. Both Dr. Adelman and Dr. Turner reminded me that this process actually did have an enjoyable side to it. I am forever grateful to my family. The prayers and unending love and support of my parents, Kevin and Suzie Studer, my sister and brother, Shani Fackler, and Rob Studer, along with their families have been constant throughout my life. Those prayers and support were never more welcomed and appreciated than through the undertaking of this project. iii Without the help of Coach Jackson, the girls at the former Ensley High School, and Jon Solomon of the Birmingham News, this project would have never taken place. The time, effort, help, and willingness to share stories with me made this project possible, and I am very appreciative for all of their help. Also, thank you to the Texas A&M University’s Laboratory for the Study of Diversity in Sport for their financial contribution to this project. Finally, and most importantly, I owe much to my husband, C. J. Short. He convinced me to rally and to finish the project. At times he stood behind me to hold me up, while other days he helped blaze a path for me. C. J. reminded me there was light at the end of the tunnel and kicked my backside into gear when I needed it. C. J. has challenged me to support my way of thinking and to stand up for my convictions. He is my biggest fan in this game we call life. I am forever grateful for his love, care, and encouragement. iv Vita September 25, 1980 .......................................Born – Hicksville, Ohio 2003 ..............................................................B.S. Health and Sports Studies, Miami University 2004-2008 .....................................................Graduate Teaching and Administrative Associate, Sport, Fitness and Health Program, The Ohio State University 2006 ..............................................................M.A. Sport and Exercise Humanities, The Ohio State University 2010 ...............................................................Adjunct Faculty, Houston Community College 2011 ...............................................................Lecturer, Rice University 2011 to present ..............................................Adjunct Faculty, Houston Baptist University Fields of Study Major Field: Education Sport Humanities v Table of Contents Abstract ...................................................................................................................... ii Acknowledgments...................................................................................................... iii Vita ............................................................................................................................. v Introduction ................................................................................................................ 1 Sample Case: Jackson v. Birmingham Board of Education .................................................... 3 The Road Map ..................................................................................................................... 7 Chapter 1: Title IX – The Law ..................................................................................... 10 Title IX and Case Law ......................................................................................................... 13 Cannon v. University of Chicago............................................................................................14 Grove City College v. Bell.......................................................................................................17 Franklin v. Gwinnett County Public Schools ..........................................................................20 Cohen v. Brown University ....................................................................................................22 Gebser v. Lago Vista Independent School & Davis v. Monroe County Board of Education et al. ..........................................................................................................................................25 Jackson v. Birmingham Board of Education..........................................................................26 Chapter 2: Birmingham and Its System of Hierarchy ................................................. 28 The Early Days ................................................................................................................... 30 vi The Gay and Not-So-Gay Nineties...................................................................................... 32 Social and Cultural Divisions .............................................................................................. 35 Taxation and Annexation................................................................................................... 37 The World Wars and the Great Depression........................................................................ 39 Post War and Pre-Civil Rights............................................................................................. 42 Key Civil Rights Events ....................................................................................................... 44 Little Rock, Arkansas .............................................................................................................45 Freedom Riders.....................................................................................................................46 1963: The Year of Birmingham .............................................................................................50 Sixteenth Street Baptist Church............................................................................................53 Civil Rights Act of 1964 ...................................................................................................... 54 Post-Civil Rights Birmingham............................................................................................. 55 The Birmingham City School System .................................................................................. 58 Birmingham in the Twenty-first Century............................................................................ 63 Chapter 3: Jackson v. the Birmingham Board of Education......................................... 70 The Legal and Cultural Story of Roderick Jackson....................................................... 70 The Proceedings ................................................................................................................ 70 The Majority Opinion ........................................................................................................ 76 The Dissenting Opinion...................................................................................................... 80 Analysis of the Lawsuit ...................................................................................................... 83 Application of Sullivan ..........................................................................................................87
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