Court Lets Rulings Stand on Colorado State

WASHINGTON —  The Supreme Court refused to free Colorado State from having to field a women’s softball team.

On Monday, the justices, without comment, let stand rulings that the school had violated an anti-bias federal law when it dropped the softball program last year.

State officials had argued that the university had not discriminated, and their appeal also contended that a federal judge exceeded her authority in ordering softball reinstated.

Colorado State dropped the women’s softball and men’s baseball programs in June of 1992. The university cited budgetary problems.

Members of the softball team sued, charging the school with violating the 1972 law known as Title IX, which bans sexual discrimination in education.

At the time, Colorado State fielded eight varsity women’s teams and seven varsity men’s teams. But 77% of the school’s spending on intercollegiate athletics went for men’s teams. Women composed 48.2% of the undergraduate student population, but only 37.7% of Colorado State varsity athletes.

Based on that, U.S. District Judge Zita Weinshienk in Denver ruled that female athletic participation at Colorado State was not “substantially proportionate to female enrollment” and that dropping the softball team was illegal.

She also said the school had failed to move toward an equitable position for women athletes and ordered Colorado State to reinstate softball in time for some fall play. The team participated in two tournaments and is to begin a full spring schedule in March.

Lawyers for the school told the Supreme Court that the issue “affects virtually every educational institution in the country.”