Co-authored by Felipe Diaz-Arango, Head of Strategy & Inclusion
There’s a common misconception that Title IX only pertains to sports, and not for small reason– it has indeed revolutionized athletic opportunities for women and girls. Before it was signed into law by President Richard Nixon in 1972, only 15% of college athletes were women, and a meager 2% of athletic budgets were allocated to women’s sports. Today, those numbers have dramatically increased, with women making up 43% of college athletes and receiving 40% of athletic budgets. This shift has had a profound impact, encouraging more girls to participate in sports and fostering a culture of athleticism and teamwork.
However, unless you are a policy wonk, you probably didn’t know that Title IX is a comprehensive federal law prohibiting sex-based discrimination in ANY education program or activity receiving federal financial assistance. Title IX has paved the way for gender equity in all areas of education. Its scope includes academic opportunities, financial aid, housing, and employment within educational institutions.
The origins of Title IX can be traced back to the pioneering efforts of Congresswoman Patsy Mink, the first woman of color and first Asian American elected to the U.S. House of Representatives. Mink, along with Rep. Edith Green and Sen. Birch Bayh, recognized the systemic barriers faced by women and sought to create a legislative solution. Title IX was born out of a broader movement towards gender equality, following milestones such as President Lyndon B. Johnson’s Executive Order 11375, which prohibited sex discrimination in federal employment and contract work.
The journey of Title IX since then has not been without challenges. Over the past 50 years, it has faced numerous legal battles and legislative amendments. From early attempts to exclude revenue-producing sports from compliance to ongoing debates around protections for transgender students, Title IX has been at the center of many contentious issues. Despite these challenges, it remains a cornerstone of gender equity in education.
One of the most significant recent updates to Title IX regulations was announced in April 2024, a couple months short of its 52nd anniversary: new regulations confirm protections for LGBTQ+ students and expand the definition of sexual harassment. However, these reforms fell short of addressing the inclusion of transgender athletes comprehensively.
The ongoing legal and social battles highlight the complexity of ensuring equity and the importance of continued advocacy and education around Title IX. Like the common perception of the law, many arguments against the inclusion of transgender people under the law’s protection are rooted in sports–and are legitimately complex and thorny questions. This is why it’s more important than ever to remember that Title IX is more than just a law governing athletics–it’s a powerful framework for ensuring equity in all areas of education, extending to mental health services and protection against sexual assault.
What can marketers take away from all this? If nothing else, that narrative framing matters significantly. While Title IX is often attacked on understandable concerns around fairness in sports, focusing on only that part of its impact would be myopic. Title IX is a textbook example of how crucial the starting point of a discussion is in setting its agenda.
If you’ve been struggling with how best to frame your brand’s story—especially if you want a framing that’s as inclusive as possible—don’t hesitate to reach out to us for help!