Years before she became a Supreme Court justice and a cultural icon, Ruth Bader Ginsburg took up the case of Abbe Seldin of Teaneck, New Jersey.
Seldin’s story as a struggling female athlete now resonates as little more than a legal footnote as America prepares to bid its final goodbyes to Ginsburg, with formal viewings at the U.S. Supreme Court and the Capitol before her burial next to her husband at Arlington National Cemetery.Looking back on Ginsburg, much attention has understandably focused on her landmark Supreme Court opinions, many of them liberal dissents against the court’s increasingly conservative tilt.
Some high schools back then allowed girls to play intramural sports. But at most high schools and colleges, girls were relegated to cheerleading — for the boys. Indeed, it was the boys who were allowed to get really sweaty and attract most of the athletic attention and money, not to mention packed crowds at football stadiums and basketball gyms.
But rules were rules. And in 1972, the New Jersey State Interscholastic Athletic Association, which controlled high school sports across the Garden State, was in no mood to change them. Among the factors cited by Growney were the emotional implications of boys competing with girls in “head to head competition” as well as the dilemma of finding chaperones and tending to girls who suffered “leg cramps” or other injuries.In submitting legal papers on Seldin's behalf on Jan. 31, 1972, in federal court in Newark, Ginsburg wrote that in most non-contact sports such as tennis, sex is “as irrelevant a factor as is race, religion, national origin, political beliefs or hair color.
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