Both the Equal Protection Clause and Title IX’s regulations permit “separate but equal” athletic…

Both the Equal Protection Clause and Title IX’s regulations
permit “separate but equal” athletic teams in the same sport for both sexes.
When there are “separate but equal” teams, in assessing equality one court
noted, “There may be differences depending upon the effects of such neutral
factors as the level of student interest and geographic locations. Accordingly,
the standard should be one of comparability, not absolute equality.” Hoover v.
Meiklejohn, 430 F. Supp. 164, 170 (D. Colo. 1977). Why didn’t Nichole Force
assert a Title IX claim that she was being discriminated against by being
prohibited from an activity (playing football) because of her sex? Title IX
regulations §106.41(b) states:

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