Article here. Excerpt:
'At first blush, Judge Steeh's decision may seem unfair to EMU because it applies a law designed to promote sex equality so as to allow men's teams to be cut for financial hardship whereas women's teams may not. The decision, however, aligns with the way courts have consistently applied Title IX to situations in which women's teams are cut.
...
Title IX, however, does not protect opportunities for men’s sports because the law was designed to promote equality in education settings for women. That is why EMU could cut men’s sports without triggering Title IX’s application. Cuts to sport opportunities for women will implicate Title IX and the legality of the cuts, if challenged, will turn on an application of Title IX’s infamous three-part test.'
