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.
Well Before Their Time
July 18, 2017
The 2017-18 school year is the 55th that the MHSAA has operated as a not-for-profit corporation, and the 93rd year it has existed under the name Michigan High School Athletic Association. It existed under that and different names and structures for nearly three decades before that.
Now, in an age when conventional wisdom is widely criticized, and advocating for change is sexier than arguing for the status quo, it is perilous to pay respects to those who gave form and focus to the MHSAA. But before anyone dismisses these thoughts as archaic sentimentalism, it should be noted that the pioneering leaders of schools and school sports in Michigan were bold, cutting-edge administrators, far ahead of their time in many ways. For example,
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They had organized and professionally staffed a statewide high school athletic association in Michigan by 1924, well before most states – perhaps only Illinois and Wisconsin were more advanced in this regard.
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It was the leaders of this time, before all other states, who conducted high school tournaments for schools in separate classifications based on enrollment.
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It was they who, 20 years earlier, had transformed a brutal sport called football, promoted by gamblers and dominated by over-age semi-pros, by transferring control from communities and colleges to high schools, then became the first state to require helmets to be worn by all players at all times during interscholastic games, and then abolished spring football for high school teams.
And it was they, with leaders of three dozen like-minded state high school associations across the U.S., who challenged the status quo and brought a stop to national high school basketball tournaments.
In the 1920s, the most prestigious of several national tournaments was conducted at the University of Chicago. It was for boys only, and mostly for large city schools. However, the 1920s closed with two actions that signaled the end of this and other national tournaments.
First, the Detroit Public Schools announced they would no longer participate in so-called national championships – not in basketball, nor in national track and swimming championships. Their travel would henceforth be limited to Michigan (and for a time, only to Detroit).
Second, on Feb. 25, 1929, the National Council of the National Federation of State High School Associations went on record against national basketball tournaments. The resolution contained this prophetic preamble:
“WHEREAS, Our high school athletics are constantly being exploited by agencies and for purposes generally devoid of any educational aims and ideals, specifically, for purposes of advertising, publicity, community, institutional and personal prestige, financial gain, entertainment and amusement, the recruiting of athletic teams and other purposes, none of which has much in common with the objectives of high school education; and
“WHEREAS, This exploitation tends to promote a tremendously exaggerated program of interscholastic contests, detrimental to the academic objectives of the high schools through a wholly indefensible distortion of values, and, in general subversive of any sane program of physical education; ...”