Asa Hutchinson: “Title IX of the 1964 Civil Rights Act prohibits sex-based discrimination by any school receiving federal funds. However…”

“Title IX of the 1964 Civil Rights Act prohibits sex-based discrimination by any school receiving federal funds. However, by explicit omission, Title IX does not apply to admissions at same-gender public schools. This is confirmed by Department of Education regulations that allow public, same-gender schools, as long as comparable courses and facilities are offered to both sexes. That word, ``comparable,'' is the precise word used by the Department in their own regulations. They do not say ``equal''--they say ``comparable.'' My guess as to why they chose not to use the word equal is they came to the same conclusion as I did when drafting my amendment--that ``equal'' means ``the same,'' and that requiring two or more schools or two or more classrooms, (same-gender or coed), to be exactly the same would pose a nearly impossible administrative and legal burden for any school official to meet. It also simply misses the point that in some respects the educational needs of boys and girls are different, and that these differences cannot and should not be ignored.”