Boring Impartiality
January 6, 2017
Some people – like our U.S. President-Elect and, apparently, like the NCAA Division I Football Playoff Selection Committee – seem to believe that all publicity, no matter how negative, is good publicity. If it draws attention to your candidacy or championships series, no matter how embarrassing, it’s okay – even good.
That’s not the belief of the Michigan High School Athletic Association. As an organization that must too often do unpopular things, like enforce rules that others don’t and impose penalties that others won’t, the MHSAA prefers to avoid creating controversy where there are options to do so.
The structure of MHSAA tournaments provides some options.
Tournaments which exclude no teams or individuals provoke less controversy than those with a limited field. Tournaments which favor no teams through a seeding scheme cause fewer arguments.
If our only purpose were to increase revenues, there is much we could do to gerrymander MHSAA tournaments in order to shorten, smooth out and straighten the tournament trail for the teams with the best records and biggest crowds during the regular season, like the NCAA women’s and NIT men’s basketball tournaments do.
But if fairness – blind, boring impartiality – is more important to us, then we will not force the teams with the poorest regular season records to face off in bracket rat-tails and we will not provide the teams with the best regular season records a tournament trail that avoids similar teams for as long as possible.
This approach opens us to criticism that we are dumb to be different and stupid to reject the revenue-generating practices of major college and professional sports organizations. But no one can claim we are unfair.
It’s not unfair to treat all schools the same. The unfairness begins – and real controversy follows – when an organization tries to favor some teams over others.
Cheering for Equal Opportunity
February 14, 2017
Guided by the spirit of Title IX, the Michigan High School Athletic Association created girls competitive cheer in 1993 for the express purpose of providing an additional winter sport for girls to equalize athletic opportunities between the sexes. Before that, girls in Michigan had fewer athletic opportunities in the winter than in fall or spring and fewer athletic opportunities than boys overall.
Like all girls sports under MHSAA regulations, participation in MHSAA Girls Competitive Cheer Tournaments has been limited to girls. Since the 1977-78 school year (after a team of four boys won an Illinois High School Association girls state bowling championship), the MHSAA Handbook has included the following rule: “Boys may not participate on a girls team in MHSAA sponsored postseason meets and tournaments.” The MHSAA also encourages member schools not to permit boys to participate on girls teams during regular season play.
Without a policy prohibiting boys from displacing girls from teams and from the playing surface, athletic opportunities for girls would be in serious jeopardy, as many courts examining this issue have concluded. In short, permitting boys to displace girls would be antithetical to the fundamental purpose of Title IX.
The overwhelming majority of federal and state courts have concluded that “no-boys-on-girls-teams” rules are lawful and necessary. These cases conclude that maintaining and promoting athletic opportunities for girls and redressing past discrimination against women in athletics are important objectives. And, second, they conclude that excluding boys from girls’ sports – even if girls may participate on boys’ teams – is substantially related to that important interest.
Case law provides two separate, simple explanations; each of which, standing alone, establishes the legitimacy of the rule. First, having all-girl teams creates or maintains opportunities for females that would not otherwise exist, thereby providing females opportunity to develop programs equal to boys.
Second, because there are recognized, innate physiological differences between the sexes that give boys inherent advantages in most athletic events, to permit boys to participate on girls’ teams – irrespective of the sport – would displace girls from competition to a substantial extent, thereby diminishing female opportunity in athletics.
- A federal court in a Tennessee case wrote in 1977: “[it] takes little imagination to realize that were play and competition not separated by sex, the great bulk of females would quickly be eliminated from participation and denied any meaningful opportunity for athletic involvement.”
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A federal court in Arizona wrote in 1989: “If males are permitted to displace females ... even to the extent of one player ..., the goal of equal participation by females in interscholastic athletics is set back, not advanced.”
The MHSAA created girls competitive cheer expressly to provide overall equal athletic opportunity for girls that did not exist before it was added as an MHSAA sport. That a boy now wishes to participate on a girls competitive cheer team, despite the abundance of athletic opportunities for boys in other sports, does not establish a violation of Title IX. And Title IX has never been so construed. The MHSAA’s rule creates for girls the opportunity to enjoy highly competitive athletic opportunity in the same number of sports as boys – precisely satisfying Title IX.
The MHSAA made its move toward girls competitive cheer two decades before entrepreneurs invented coed “stunt” for schools’ and colleges’ consideration. By that time, participation in girls competitive cheer had tripled in Michigan high schools. Girls competitive cheer is now the eighth-most popularly sponsored high school sport in Michigan, above sports like tennis, golf and swimming & diving which had a 20-year head start.