Q&A: Coach Fights for Gender Equality

Crisis, The, Jan/Feb 2005 by Young, Alicia L

When Congress passed Title IX more than 30 years ago to end discrimination against female athletes in federally funded educational institutions, many probably expected discrimination suits to come only from girls and women. But on Nov. 30, 2004, the Supreme Court heard arguments from a case brought not by someone claiming direct gender discrimination, but by a girls' basketball coach at Ensley High School in Birmingham, Ala. In Roderick Jackson v. Birmingham Board of Education, Jackson complained that his female players were relegated to practice in a small gymnasium built in 1908, while the boys played in a new regulation-sized gym; had to arrange their own transportation to away games, while the boys'team used school buses; and, unlike the boys, were not permitted to use money raised from concessions and ticket sales from their games. After Jackson, 39, spoke out about these inequities in 2001, he was fired as the girls' basketball coach. The Supreme Court will decide the case next spring, and its ruling is expected to determine whether or not Title IX protects complainants against discrimination without fear of reprisal. Since the case was first filed, Ensley High School has a new principal who has reinstated Jackson as the girls' interim coach and has allowed the team to use the new gym and funds from concession sales.

Do you see yourself as an activist?

No. I'm a teacher and coach by trade. But this situation was so deplorable that I saw no other choice but to make a stand for the young ladies. I knew someone had to say something. I wasn't looking for a situation. I never had any idea that this would turn into such a well-known case nationally.

Why did you take the case all the way to the Supreme Court?

When I lost before the federal district court, I decided to represent myself on appeal. But I was no match for the resources the school district was able to tap into to fight my appeal. The appeals court of the 11th Circuit dismissed my case. The court claimed that I was an "indirect" victim and so had no right of action for retaliation under Title IX. Luckily, the National Women's Law Center offered to represent me and take my case to the Supreme Court.

What do you hope to accomplish with your case?

I really wanted to do something about the hardships that the young ladies I coached were suffering. I hope to be able to level the playing field between the kinds of resources that boys and girls have access to. I also want to send a clear message to people who observe discrimination that they can come forward and try and seek justice without the fear of retaliation.

What if the Supreme Court does not rule in your favor?

If we lose, it will be a devastating blow to young ladies and men, or anyone who has witnessed discrimination and decided to come forward. But it was still worth the fight. You can always wonder "what if?" But if you've done the best fight you can for what you believe is right, then you can't be faulted.

- interview by Alicia L. Young, a former civil rights attorney for the American Civil Liberties Union.