Consider the similarities and differences between racial and gender equity issues in sport.

Consider the similarities and differences between racial and gender equity issues in sport. The equal protection clause of the Fourteenth Amendment requires application of strict scrutiny in the racial context (racial distinctions can be drawn only when supported by a compelling state interest applied in the least restrictive manner). In the gender equity context, on the other hand, an intermediate equal protection standard (the government interest must be substantial, but not necessarily compelling, and the fit between the interest and the gender distinction has to be narrowly tailored but does not have to be the least restrictive means to the government’s end) is all that is required, making it possible to distinguish on gender grounds in a manner that would be impermissible in the racial context. Ironically, the more permissive discrimination standard in the gender area has clearly been instrumental in increasing opportunities in athletics for women, while the more restrictive standard in the racial context has made it more difficult for the government to effectively address racial inequities in sports.

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