In the ongoing tug-of-war between progress and retrenchment, Title IX — the landmark legislation that transformed women’s sports — now finds itself caught in a quiet but dangerous crosscurrent. The threat isn’t loud or front-page. It’s procedural. It’s policy level. And, as with so many slow-burn reversals of social equity, it’s cloaked in the language of economic “efficiency” and market-driven outcomes. But the downstream impact could be seismic for women’s athletics, for media networks that rely on diverse sports programming, and for advertisers who’ve made public commitments to equity and inclusion.
In February 2025, the U.S. Department of Education rescinded previous guidance that classified NIL (Name, Image, and Likeness) compensation as subject to Title IX’s gender equity mandates. This seemingly narrow adjustment effectively opened the door to a wide imbalance: it allows NIL earnings, overwhelmingly skewed toward male athletes in high-revenue sports like football and men’s basketball, to exist outside of Title IX’s historically protective guardrails. For colleges, the move signals a green light to reallocate resources and influence in ways that could fundamentally degrade women’s collegiate sports.
This policy decision should not be viewed in isolation. Rather, it aligns with a larger regulatory rollback that has followed the Supreme Court’s 2023 affirmative action decision, as well as a broader cultural and political pushback against DEI frameworks. If the 2010s were about opening doors, the 2020s are shaping up to be about renegotiating who’s allowed to walk through them and at what cost.
What Does This Mean for Women’s Sports?
The danger is not immediate cancellation of programs or overt discrimination. It’s attrition. It’s underfunding. It’s a gradual sidelining of women athletes from the public consciousness, which will lead to fewer college scholarships, fewer women entering professional leagues, and fewer sports stories featuring female heroes. NIL has created a parallel economy in collegiate sports and without oversight, that economy will mirror the inequities of the professional sports world, where the financial gulf between men’s and women’s leagues remains staggering.
College sports serve as the foundational ecosystem for women’s professional sports. Curtail investment in that system, and you undermine the talent pipeline for leagues like the WNBA, NWSL, and LPGA. More than that, you undercut the visibility and cultural relevance of women athletes, which in turn deflates the media and advertising opportunities surrounding them.
Follow the Money: Why This Matters to Media and Advertisers
For media companies and advertisers, this isn’t a niche issue — it’s a business imperative. Women’s sports have been among the fastest-growing properties in the sports ecosystem. The 2024 NCAA Women’s Basketball Tournament shattered viewership records, drawing over 24 million viewers for the championship game and creating breakout media stars in Caitlin Clark and Angel Reese. Brands like Nike, Gatorade, and State Farm have leaned into this momentum not just because it’s good PR, but because it drives engagement — especially with Gen Z audiences who place a premium on equity and representation.
The rollback of Title IX protections in the NIL era threatens this growth. If universities pivot resources toward male athletes under the guise of NIL “market realities,” and if those actions go unregulated, the long-term financial viability of women’s sports could suffer. That will create ripple effects in media rights deals, sponsorship revenue, and long-term audience development.
For broadcasters and streamers, this is not just about programming slots. It’s about brand differentiation, talent pipelines, and meeting advertiser demand for inclusive storytelling. If women’s sports falter at the collegiate level, the long tail for professional media monetization shortens considerably.
Is This Theoretical or Imminent?
The erosion is already underway. Recent reporting confirms that colleges are reallocating disproportionate NIL resources to men’s programs, especially football. With NIL earnings now legally excluded from Title IX parity metrics, this trend will accelerate. And while the Department of Education has suggested a desire to issue revised Title IX regulations, the current administration’s appetite for enforcement appears limited.
Add to that growing Republican-led efforts in Congress to redefine Title IX as based exclusively on “biological sex” — a move intended to legislate against transgender participation, but which also carries sweeping implications for how women’s rights in sports are defined and the picture becomes clearer. The strategy is not one of repeal, but of redefinition and neutering by legal technicality.
Will the NCAA or Colleges Push Back?
The NCAA has signaled support for gender equity but has done little to actively enforce it under NIL. Most universities, caught between political crosswinds and economic incentives, will likely remain passive unless external pressure mounts. That pressure could come from litigation, public opinion, or commercial stakeholders who recognize the long-term economic value of a thriving women’s sports ecosystem.
In fact, the strongest defenders of women’s collegiate sports in the coming years may not be government officials or educational institutions but advertisers and media companies that have invested in the future of women’s sports as a growth category. These companies should not stay silent.
What Comes Next — and What Must Be Done
The timeline for further erosion of Title IX protections may unfold slowly, but the decisions being made now are setting the course. The next 12 to 24 months are critical. If the rescission of NIL guidance goes unchallenged and is allowed to shape market norms, the impact may be irreversible without significant litigation or legislative intervention.
The Myers Report urges advertisers, rights-holders, and advocacy groups to take proactive action. Demand transparency in NIL-related spending and ensure that DEI pledges made in the wake of 2020 are not forgotten in 2025. Partner with media organizations and colleges that are investing equitably in women’s sports and withdraw funding from those who are not. Leverage your media buying power to ensure equitable coverage, investment, and storytelling.
Title IX was never about quotas; it was about creating a playing field where women and girls had the opportunity to participate, to excel, and to inspire. That playing field is now under quiet but coordinated assault. The defenders of women’s sports must once again take the field, not just in courtrooms or boardrooms, but in budgets, contracts, and the content we choose to elevate.
The time to act is not when the rollback is complete. The time is now.
