This is not the first time the MAGA Party (and its predecessor the GOP) tried to overturn women’s rights to equal protection under the law.  And if you wonder why this post is listed under “sports” instead of “politics” or “culture,” that is because the focus of this entry has nothing to do with Roe v. Wade, the Dobbs decision or the draconian efforts by MAGA-dominated legislatures to “punish” women who dare to want control over their own health care.

Today’s topic is Title IX of the Civil Rights Act.  Based on the Fourteenth Amendment principle of equal treatment under the law ratified four years AFTER the Arizona ban on abortion (sorry, I could not miss that opportunity), Congress passed and President Richard Nixon signed the bill which amended the Civil Rights Act of 1964 by adding Title IX which reads:

No person in the United States shall, on the basis of sex, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

There was just one problem.  At a time when the Supreme Court actually read the text of the Constitution or of laws, the justices rightfully focused on the word “program,”   In 1984, the Court ruled in the case of Grove City College v. Bell that “program” must be taken literally.  In other words, alleged discrimination under the act only applied when someone was denied access to the specific program or activity to which federal funding or subsidies applied.  Therefore, athletic programs, which seldom received federal funding (as was a school lunch program), were not subject to Title IX, even if that was more limited than Congress intended.

To remedy the situation, Senate Edward Kennedy introduced Senate Bill 557, the Civil Rights Restoration Act of 1987, adding that Title IX and all other parts of the Civil Rights Act applied when federal funds were accepted for programs that were “any part” of an institution’s operations.  For example, Title IX would apply to athletic programs regardless whether federal funds were dedicated to that specific program or activity. The bill passed in the Senate on January 28, 1988 by a vote of 75-14.  Likewise, it passed in the House of Representatives on March 2, 1988 by a vote of 315-98.  On March 16, President Reagan vetoed SB 557, despite a warning from then House Speaker Jim Wright a veto would be “ill advised.”  In his veto message to Congress, Reagan restated the paradox that today still haunts the MAGA party.

The Congress should enact legislation designed to eliminate invidious discrimination and to ensure equality of opportunity for all Americans while preserving their basic freedoms from governmental interference and control. Regrettably, the bill presented to me fails to achieve that objective.

In other words, people are entitled to basic freedoms as long as there are no mechanisms to enforce them.

Fortunately, enough Senate Republicans joined with Democrats to override the veto by a vote of 73-24 despite then Senate Minority Leader Mitch McConnell’s warning:

S. 557, the so-called Civil Rights Restoration Act, would take away people’s civil rights to be left alone by the Government, to worship as they see fit, and to pursue their livelihood without having to file forms in triplicate with a giant, impersonal bureaucracy every step of the way. Overall, this bill promises less freedom and more government in every corner of America.

The same day the House followed suit and overrode Reagan’s veto by a vote of 292-133.  Note, however, that in both chambers some Republicans who had voted “yea” for the original bill switched their vote in support of the veto (10 in the Senate and 35 in the House).  Sound familiar?  A precursor of MAGA flip flops on the border security bill.  “I am for it until the head of our party tells us to kill it.”

Believe it or not, I am not sharing this detailed account of a political debate from four decades ago just to prove that MAGA hypocrisy about small government is nothing new.  My real objective is to demonstrate to the growing number of Americans who believe that a party’s policy positions do not matter that they, in fact, matter a lot.

Last week, the ESPN broadcast of the women’s NCAA basketball championship game drew an audience of 18.867 million viewers.  In contrast, the men’s broadcast, which was simulcast on three cable networks, pulled 14.823 million viewers.  But for Title IX and the 1988 amendments, the prospect for women’s basketball to have outpaced its men’s counterpart would be unimaginable.  Likewise, the quality of talent on the LPGA tour would be diminished without the opportunities for young girls to compete in golf during high school and college.  Not to mention the success of the USA women’s soccer team in World Cup and Olympic competition (17 of the 18 members of 2021 Olympic champion USA squad played collegiate soccer).

So, this year, when Donald Trump, MAGA members of Congress or their surrogates talk about government overreach, they may pretend they are protecting your freedom.  When, in fact, they are doing just the opposite, reducing your opportunities and choices.

POSTSCRIPT: @NotMe Era

There was an uncomfortable moment at the end of the South Carolina-Iowa women’s NCAA final that had nothing to do with the score or the officiating.  Once the final outcome was no longer in doubt, both coaches called timeouts to pull their stars off the court to standing ovations.  As they walked down the line of coaches and teammates, there were hugs for every female.  Yet when they came to a male assistant coach, they kept their distance.  I wondered if this was a precaution precipitated by the inappropriate actions of the head of the Spanish soccer federation Luis Rubiales, who kissed a member of his country’s World Cup team on the lips.  If so, it is a sad commentary how the “rules of engagement” have changed in response to unacceptable behavior by celebrities, coaches or a former president of the United States who believe “when you’re famous, you can do whatever you want.”

For what it’s worth.
Dr. ESP

Was it coincidence or some cosmic reminder that yesterday, Americans saw a crime committed on live television, almost 60 years to the day after the Sunday when ABC News aired the murder of Lee Harvey Oswald by Jack Ruby in real time?  To add to the  paranormal nature of these two events, both offenses took place at approximately the same time, noon on the East Coast.  And even though both breaches took place in plain sight, neither was without controversy which generated a multitude of conspiracy theories.

Of course, I am talking about the College Football Playoff Selection Committee’s decision to choose Alabama over Florida State as the fourth and final participant in this year’s quest for a national championship.  As with any crime, we need to ask, “Who was the perpetrator who had the motive, opportunity and skill to commit such as felony?”

Was it the selection committee?  Is this what happens when the star chamber consists of a majority of gray-haired, white guys with names like Chris, Mitch, Boo, Chet, Warde, Jim, Mark, David and Gene who are more beholden to memories of the past than the possibilities of the future?  Most are current or past coaches and athletic directors at universities such as Nebraska, Kentucky, NC State, the Naval Academy, Baylor, Utah and Michigan.  Their academic backgrounds include degrees in sports administration, communications and business. The only female, Kelly Whiteside, is also the only sports journalist on the committee.  Where are the humanities graduates who might remind the committee Americans relish stories like those written by Horatio Alger about impoverished youths who, against the odds, make it to the upper rungs of society’s ladder?  Or the theologian who could argue what could be more compelling than the next David and Goliath story?

In this age of sports analytics, one might assume the committee would defer to the only member, Rod West, who holds a degree in mathematics which he earned at Notre Dame.  Since the committee’s deliberations are not public we will never know if West pointed out the Atlantic Coast Conference’s record against non-conference Power 5 conference opponents (10-9)  was better than the Southeast Conference (7-9).  Or that head-to-head the ACC won six of the ten games against SEC teams.  Or, of the four the SEC won, one was against Virginia with 3-9 record and two were against Georgia Tech (6-6).

Yes, the SEC has been the premiere football conference for most of the 21st century.  However, that is hardly the case this year.  But for the worst coaching decision of 2023, this would have been indisputable.  On November 25, Alabama was trailing Auburn 20-24 with 42 seconds remaining in the game.  The Crimson Tide faced a fourth and goal at the Auburn 31 yard line.  Instead of blitzing Bama quarterback Jalen Milroe or even calling for a standard four-man rush, Auburn coach Hugh Freeze employed a three-man front line which was more interested in containing a Milroe run than forcing a short pass which would have given the Auburn backfield more than enough opportunities to stop the receiver before reaching the goal line.

According to ChatGPT, on a typical passing play, the quarterback has 2.5 to 3.0 seconds to release the ball.  Freeze’s no-man rush gave Milroe just over six seconds to set up the play that won the game.  Otherwise, Alabama would have had two regular season losses and would not have been part of the playoff conversation.  They would, however, still played in the SEC championship game this past Saturday.  The victory over Georgia by a two-loss team would have made it quite clear the SEC was unworthy of even one shot at the national title.

Now consider Florida was just a 1-point favorite when it was still unclear whether second string QB Tate Rodemaker or third string QB Brock Glenn would be leading the Seminoles.  When it was announced Rodemaker would not play, many thought FSU was finished.  But FSU’s defense carried the team to a 16-6 victory.  For which the committee suggested FSU, without their star quarterback, had no chance against any of the other three teams in the playoffs.  Did the committee never hear of the 1963 Chicago Bears which rode the league’s and maybe the all-time best defense to an NFL championship?  Or Don Larson pitching a no-hitter in Game 5 of the 1956 World Series.

Defense has won championships in other major sports. This season we might have learned whether the same thing was possible in college football.  Sadly, we will not get the chance.

For what it’s worth.
Dr. ESP