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The Supreme Court, Title IX and Gender Equity
by Roberta McCutcheon

Student Exercise Two: Mock Congress

  1. Identify the historical context in which Congress enacted Title IX of the Education Amendments of 1972. Have the class research both gender assumptions and experience in the United States from the end of WWII to 1970. Look at primary documents and secondary accounts in order to create an accurate and inclusive context for legislation defining and protecting gender equity. Identify arguments that are both for and against such legislation. This is challenging research and may take some time. The following sites provide basic information and some good references for continued research. Other sites are also available.
  2. The following are Supreme Court decisions on Title IX: North Haven Bd. Of Education v. Bell (1982/ employment) Grove City College v. Bell (1984) Franklin v Gwinette Public Schools Et Al (1992) Jackson v. Birmingham Board of Education (2005)

    Cohen v. Brown (1995-96)
  3. Mock Congressional Hearing
    1. Divide the class into Representatives and those expected to give testimony and/or answer questions on gender equity issues.

    2. Those acting as Representatives need to be prepared to ask pertinent questions on issues that will facilitate writing future legislation. These students have the advantage of the law (Title IX, Educational Amendments and subsequent legislation) to help them formulate probing questions.

    3. Those giving testimony need to be prepared as experts on gender equity issues -- some should be prepared to give evidence of the need for legislation and some should be prepared to identify the problems that such legislation could create.




Extension Activities:

Mock Supreme Court Hearing (Appeal)

  1. Create a scenario that includes a violation of one or more parts of Title IX. The class may wish to use the facts of an already existing civil suit. Cohen v. Brown University is an interesting case. It was denied a hearing before the Supreme Court but students could proceed as though the Supreme Court agreed to hear the case. The class could use the facts of the case. There has been a lot written about this particular case.

  2. Assign the following roles to class members: Counsel (s) for the Plaintiff; Counsel (s) for the Defendant; Nine Justices

  3. Counsels on both sides will prepare their briefs and present their arguments to the Justices

  4. Justices will be prepared to ask questions spontaneously during the hearing

  5. Justices will confer after the hearing and decide the case.

  6. The class will write the opinion -- the written opinion may be a per curium opinion, or may include a concurring opinion and a dissenting opinion along with the court opinion. This will generate a discussion about the effect the Supreme Court on the law and on the interpretation of the Constitution.





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