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Cardozo Law Review

Abstract

This Article contributes to the growing debate about the merits of sex segregation in sports by approaching sex segregation in sports as a public health issue. Participation in sports has profound consequences for women's health. Engagement in athletics affects physical fitness, disease prevention, self-esteem, mental wellness, eating disorders, and many other health-related issues.

Sex segregation in sports reduces women's participation in sports and changes the nature of the sports in which women participate. Both of these issues have implications for the myriad health issues we discuss. The Article argues that analysis under the Equal Protection Clause of governmentally-imposed sex segregation must incorporate these consequences. Even where the government has plausible reasons for segregating sports by sex, those reasons may not be sufficient to survive intermediate scrutiny when the health consequences of segregation are taken into account. The Article does not argue that sports should never be segregated by sex. Rather, it argues that the correct analysis must take into account all the relevant considerations, including those affecting health.

The Article proceeds as follows. Part I questions the default assumption of sex segregation in sports. Part II considers sex segregation as a public health issue, noting the relationship between sports participation and a variety of physical, mental, and emotional health issues for women. To the extent that sex segregation depresses or alters women's participation in sports for the worse, that issue is one implicating important public health considerations. Finally, Part III discusses the implications of treating sex segregation in sports as a public health issue, both for the law and for sports more broadly.

Disciplines

Constitutional Law | Education Law | Health Law and Policy | Law | Law and Gender

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