If the court finds that the school has not accommodated student-athletes of the underrepresented sex, it may rule that the school is in violation of title IX and order the school to take affirmative steps toward more equal treatment between the sexes. Traditionally, courts have differentiated between contact and noncontact sports in determining a female's right to participation. A school may refrain from offering a contact sport for females if the reasoning is not based on an archaic, paternalistic, overbroad view of women. Courts are hesitant to mandate the creation of new teams, but most have no problem ordering that qualified females be allowed to play on exclusively male teams. Sex-based classifications by publicly funded entities are subject to equal protection claims.
Courts review such claims under an intermediate standard of review.
Specifically, a sex-based classification must serve an important government interest and must be substantially related to the achievement of that interest. High school girls in Arkansas used the Equal Protection Clause of the Fourteenth Amendment to abolish a school rule that limited the girls' basketball games to half-court play. Articles from West's Encyclopedia of American Law are published on West Legal Directory with the understanding that the publisher is not engaged in rendering legal or other professional advice. If legal advice or other professional assistance is required, the services of a competent professional person should be sought.