Curt is infinitely more knowledgeable about Title IX so, I am sure if this case ever reached the Court, he would have much more insight than I can present. That being said, we may be looking at the next big area of affirmative action: giving preference to male students in college admissions to level the playing field. Ronald Bailey has the story
[T]he U.S. Commission on Civil Rights is beginning an investigation into claims that colleges are favoring the admission of less qualified males over more qualified women. Today women earn about 60 percent of all bachelor's degrees. The concern is that some colleges are so worried about becoming overwhelmingly female that they are discriminating against qualified women and choosing less qualifed males. The story quotes an analyst who suggests that male students do worse academically when they attend schools whose student bodies are composed of more than two-thirds women. One Commission member notes that any such admissions policy would violate Title 9 which prohibits gender discrimination in college education programs. ...
One further observation: If it's OK to discriminate in order to enhance racial and ethnic diversity, why is it wrong to discriminate in order to enhance gender diversity?