School Law Bulletin [serial] 21, 2 (Spring 1990)

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220 N.J. Super. 214. 531 A.2cl 1059 (N.J. Super. Ct. App. Div.
1987).
52. See. e.g.. Saint, 684 F. Supp. 626.
53. For example, one plaintiff in Danin. 85 Wash. 2d 859, was sixteen years old, stood five feet six inches tall, and weighed 170 pounds. The second plaintiff was fourteen years old. stood five feel nine inches tall, and weighed 212 pounds. They won the right to play football.
54. Some couns do not accept this premise when children of middle school age are concerned. Sec. c.i;.. Kc/Zcu
...Splines. M^ F.2d 651, and N.O.W.
V. Little League Baseball, 127 N.J. Super. .^22. .MS A.2d 33 {N.J. Super. Ct.
App. Div.), ajfd. 67 N.J. 320. 338 A.2d 198 ( 1974).
gender expectations of males and females as well as different athletic opportunities. Consequently, separate participation for women is necessary to increase athletic opportunities and overcome gender role expectations.'' This position steers clear of any need to label groups as physically inferior or superior.
HHS regulations interpreting Title IX say that when no team exists for members of one sex and "athletic opportunities for that sex have previously been limited," members of that sex must be allowed to participate on the team offered for the opposite sex."' In the courts the majority position is that Title IX analysis should consider overall, rather than specific-sport, athletic opportunities and that Congress's primary intent in passing Title IX was to prevent discrimination against women, despite the regulation's gender-neutral language." Under this ap- proach, courts find that men have had few limits on opportunity historically and therefore are barred from competing on women's teams."* This view of Title IX contrasts sharply with that taken by a federal district court in Gomes v.


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