Abstract
The Washington State legislature authorizes tuition waivers for achieving gender equity in intercollegiate athletics at all four-year higher education institutions. Using feminist legal theory and post-structuralism, this article examines this policy and the <i>Blair v. Washington State University</i> case that led to gender equity tuition waivers. This policy and case represent deeply held assumptions about how to mandate equity in athletic participation and funding. These assumptions often include a gender-blind structure of athletics as a "prerequisite for achieving equality between men and women," creating a belief that ignoring differences related to gender "constitutes equal treatment" (Bensimon & Marshall, 2000, p. 139). Although this policy and <i>Blair</i> each have elements that mitigate the gender-blind dimension of college athletics, challenges still remain.