Editorial: Make Title IX strides

Title IX — the law aimed at protecting gender equity in any educational program that receives federal funds — is closing in on its 50th anniversary. Unfortunately, its long tenure is not that evident in the schools, where the campaign is still ongoing.

The federal civil rights statute is meant as a general protection in education, but it’s come to be known mostly for its effect on female athletics. Its Hawaii roots start with the late U.S. Rep. Patsy Mink, a longstanding political leader in the state, who championed this and myriad other social-service and educational measures.

In more recent years, Title IX was the basis of a class-action lawsuit filed on behalf of female students at Campbell High School in 2018. They alleged the school violated the law because it provided no girls’ locker room or comparable practice and game facilities to what boys had.

That legal complaint is still working its way through the courts, with an incremental victory in its latest stage. A panel of judges on the 9th U.S. Circuit Court of Appeals on April 4 reversed a lower court ruling that the lawsuit fell short of minimum requirements for class-action status.

Hawaii is certainly not alone in facing an uphill battle for fair play. According to a collaborative report issued this month by the Shirley Povich Center for Sports Journalism and the Howard Center for Investigative Journalism, girls’ participation in school sports has increased dramatically since Title IX was enacted in 1972.

However, the majority of schools across the country are likely to be out of compliance with the law, said officials of the Women’s Sports Foundation. Part of the problem is sheer lack of awareness of these rights, according to the report, and those who do know can be hesitant to face the disruption caused by a lawsuit.

The Hawaii plaintiffs alleged that they faced retaliation for their lawsuit, citing a threat to cancel the girls’ water polo program.

Ultimately, though, legal action can bear fruit, even before final disposition of the lawsuit. After coming under fire in this case, the state Department of Education moved to renovate facilities at Aiea High School to provide female athletes with a locker room.

So the fight should continue. It would be a fitting way to mark the 50th birthday of Title IX on June 23.