In a victory for gender equity in athletics, a federal appeals court panel ruled 2-1 that Brown University discriminated against female athletes when, in 1991, it cut two successful women’s sports teams. The appeals court upheld the 1994 ruling of a U.S. District judge that Brown was in violation of Title IX, the federal law that prohibits gender discrimination in federally-funded educational institutions, including athletics.

The Brown case has been one of the most watched Title IX in athletics cases in the country. Brown University has argued that it was not in violation of Title IX because women are less interested in sports than men. Brown tried to use surveys of student interest in athletics to prove its point. Many other colleges and universities have used similar arguments in Title IX cases, and groups representing 1,700 colleges and universities filed briefs backing Brown’s case, which is widely seen as a test case of Title IX.

The appeals court did not buy Brown’s argument. Senior Circuit Judge Hugh H. Bownes wrote in his decision, "There exists the danger that, rather than providing a true measure of women’s interest in sports, statistical evidence purporting to reflect women’s interest instead provides only a measure of the very discrimination that is, and has been, the basis for women’s lack of opportunity to participate in sports."

In 1991, Brown cut the women’s volleyball and gymnastics teams — two major women’s sports — as well as two minor men’s sports teams, golf and water-polo. At the time only 38% of Brown’s athletes were women, although women comprised 51% of the student body. Brown claims that now women are 48% of Brown’s athletes, but the university has offered no proof of this. Brown has said it will appeal the decision to the full Appeals Court and possibly to the Supreme Court.