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NATIONAL WRESTLING COACHES ASS'N v. DEPT. OF EDUC.

No. 03-5169.

366 F.3d 930 (2004)

NATIONAL WRESTLING COACHES ASSOCIATION, et al., Appellants, v. DEPARTMENT OF EDUCATION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 14, 2004.

Attorney(s) appearing for the Case

Lawrence J. Joseph argued the cause and filed the briefs for appellants.

Andrew L. Schlafly was on the brief for amici curiae Eagle Forum Education & Legal Defense Fund and Independent Women's Forum in support of reversal. Lawrence J. Joseph entered an appearance.

Thomas M. Bondy, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, Roscoe C. Howard, Jr., U.S. Attorney, and Mark B. Stern, Attorney.

Marcia D. Greenberger and Dina R. Lassow were on the brief for amici curiae National Women's Law Center, et al. in support of affirmance.

Before: EDWARDS and HENDERSON, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge EDWARDS.

Dissenting opinion filed by Senior Circuit Judge WILLIAMS.

HARRY T. EDWARDS, Circuit Judge:

Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in federally funded educational programs and activities. That prohibition applies to intercollegiate athletics pursuant to regulations promulgated by the Secretary of Health...

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