then there would have been no need for the Federal Government to pass the Education Amendments of 1972 which includes Title IX.

Remember equal access can also mean equal number of scholarships offered to both sexes. What female sport currently offers enough scholarships to offset the number of scholarships offered to men playing football?

DI-FBS = 85 scholarships
DI-FCS = 63 scholarships
DII = 36 scholarships

For DI, here are the Top 5 Women's Sports in terms of scholarship numbers.

Row = 20
Cross Country = 18
Ice Hockey = 18
Track & Field = 18
Equestrian = 15

Now keep in mind that in order to be a DI, DII, or even a DIII school, a school must offer a certain number of sports (including co-ed).

DI Requirement: Schools must field teams in at least seven sports for men and seven for women or six for men and eight for women, with at least two team sports for each gender.

DII Requirement: Schools must sponsor at least five sports for men and five for women (or four for men and six for women), with two team sports for each sex, and each playing season represented by each sex.

DIII Requirement: Schools must sponsor at least five sports for men and five for women, with two team sports for each gender, and each playing season represented by each gender.

Something else to keep in mind is that the NCAA places scholarship limits on each sport regardless if it is DI or DII. So while financial resources matter to a school in terms of the number of sports it can fund, the school is also mindful of the numbers requirements in order to be a member of the NCAA DI, DII, and even DIII.