Then move them to club sports. You can't argue that it's unfair that a club woman's volleyball player doesn't get paid, while a varsity male football player does. Otherwise, you'd have to argue that a female violinist in the school orchestra must be paid. Etc. Etc. Argument doesn't work, because it's arbitrary.
I don’t think I understand your argument here, sorry. Why would schools do this?
The basis of Title IX was participation. You would lose in court. No language in the law comes close to giving you a leg to stand on. If they want to make a new law, then go for it
It is not based solely on participation and numbers. There are numerous equality factors at play.I disagree with this take.
What you're referring to is essentially a DIII model. Jim Delany has threatened to take the Big Ten down to DIII if player pay comes to pass. I think that was an empty threat, but we will see. You may end up being exactly correct.
Well, it really boils down to whether they can prove an employer and employee relationship. If that happens game over for most schools. Turn out the lights on the way out. Of course there are fairly easy modifications that would make these allegations easier to withstand.