The current issue of the Fordham Intellectual Property, Media and Entertainment Law Journal includes a note by law student Blake Furman called "Gender Equality in High School Sports: Why There Is a Contact Sports Exception, Eliminating It and a Proposal for the Future." (citation: 17 Fordham Intell. Prop. Media & Ent. L.J. 1169 (2007)).
As Furnam explains, Title IX's regulations "permit academic institutions to exclude women from even trying out for a men's contact sports team solely on the basis of gender and with no regard for the individual female's skill or ability level." Unlike noncontact sports, for which schools must either allow women to try out for the men's team or offer an equivalent separate team, when it comes to contact sports, schools are not obligated to do either. Contact sports include "boxing, wrestling, rugby, ice hockey, football, basketball and other sports the purpose or major activity of which involves bodily contact." 34 C.F.R. § 106.41(b).
Furnam argues that the regulatory rationale for exempting contact sports is outdated and unfair and should be eliminated. He then discusses Professor Glenn George's "50/50" approach -- requiring gender integrated teams with half male and female players -- and argues for its application to high school sports.