SCORE Act’s Impact on Women Athletes: Title IX Advocates Demand NIL Protections

Lately, members of the Democratic Women’s Caucus have started pushing for clear Title IX protections for women student-athletes in a proposed national law about name, image, and likeness (NIL). They want to address some big gender equity issues in college sports, especially as the Student Compensation and Opportunity Through Rights and Endorsements (SCORE) Act moves through Congress.

The SCORE Act wants to set up a national framework for college athlete compensation. But right now, it doesn’t include Title IX, which could open the door to big disparities and threaten years of progress in gender equity in sports.

Understanding the SCORE Act and Its Implications

The SCORE Act tries to create a standard approach to NIL compensation for college athletes across the country. With 32 states already having their own NIL laws, this federal bill aims to bring everything together.

But since the SCORE Act leaves out Title IX, gender equity advocates are raising some serious concerns.

Title IX and Gender Equity Concerns

Title IX is a key law that bans gender-based discrimination at schools getting federal money. Recently, the Department of Education’s Office of Civil Rights pulled back guidance that had applied Title IX to NIL, saying it was just too burdensome.

This move left a big gap in protections for women athletes, especially with the $2.8 billion settlement coming from the House v. NCAA antitrust lawsuit. Shiwali Patel, senior director at the National Women’s Law Center, points out that most of that money—about 90 percent—will go to football and men’s basketball players.

That’s a huge difference from what Title IX is supposed to ensure, and it could make existing gender gaps even worse.

The Democratic Women’s Caucus Push for Amendments

Because of these concerns, 21 members of the Democratic Women’s Caucus sent Congress a letter urging changes to the SCORE Act. They want to make sure Title IX protections are clearly included in the NIL compensation framework.

The letter calls for:

• Affirming Title IX protections in the NIL revenue-sharing system.
• Clear guidance from the House v. NCAA settlement to make sure women athletes get fair compensation.
• Equitable promotion, publicity, and marketing for women’s sports.

Advocacy and Support from Key Figures

Hilary Meyer, chief impact and athlete engagement officer at Athletes Unlimited, stresses how vital it is to include women athletes in these NIL conversations. She says the data shows women are getting shortchanged, and Congress needs to step in and fix the SCORE Act.

Rep. Sydney Kamlager-Dove (D-Calif.), who co-chairs the Democratic Women’s Caucus, points out that only 10 percent of the House settlement funds are going to women’s basketball and other student-athletes. She calls this unequal, inequitable, and disproportionate—and honestly, it’s hard to disagree, especially when you consider the impact on Black women athletes.

Legal Perspectives and Future Implications

Attorney Jayma Meyer, a visiting clinical professor at Indiana University, worries that things could slide back to the way they were before Title IX. She says NIL payments fall under Title IX’s rules for fair promotion, publicity, marketing, and recruitment.

They also fit under Title IX’s requirement for proportionate financial help. That’s a lot of ground to cover.

Ensuring Compliance and Equity

Meyer and other advocates argue that colleges need to make sure their marketing and promotional efforts for sports are truly fair. This really matters because it directly shapes NIL opportunities for women athletes.

Legal appeals in the Ninth Circuit tied to the House settlement, especially those focusing on gender equity, could end up having a big influence on how schools comply in the future.

Kassandra Ramsey, president of The Drake Group, says Title IX should apply to NIL whenever schools have a close connection with an NIL collective or share revenue with athletes. She believes clear legal guidance is needed to stop gender-based disparities in NIL compensation.

The debate over the SCORE Act keeps heating up. Congress really needs to tackle the missing pieces about Title IX and gender equity.

The Democratic Women’s Caucus and other advocates are pushing hard for changes. They want women collegiate athletes to get fair compensation for their NIL, just like everyone else.

For more details, check out the full article on Ms. Magazine.