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.” 
  • 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.

The Past, Present and Future of Golf

June 19, 2018

The game of golf can and does reveal both the good and bad sides of people. Think you might want to hire a person for a job? Then take that person golfing. Observe. If that person can’t count all his or her strokes on a golf course, you can’t count on that person in life.

Golf claims to need and nurture integrity like no other sport. It does not prescribe or require a contest official to observe every action but is designed to be a game where each competitor plays the ball as it is found and counts every attempt to hit it. The rules of golf are without leniency for a player who records an incorrect score yet depend on that player, and no one else, to count all strokes and assess any penalties that add to the score.

As a youngster, I played regularly with my parents. My mother was the club rules chairperson for many years. I was told in no uncertain terms to “play my ball as it lies and tell no lies about my play.” 

Golf certainly has its detractors ... for example, its pace is slow and its price is high. But over years, and with enlightenment that arrived too slowly, golf has addressed its worst blind spots and opened its choicest courses and its most chauvinistic hearts to females and minorities. Its recent outreach to youth is marvelous; its ongoing support of charities is magnificent.

A recent controversy over scores posted by a small group of players at a Michigan High School Athletic Association Regional Golf Tournament has caused some local tarnish on this illustrious worldwide game and brought embarrassment to some players and their schools as well as some criticism of the MHSAA. It was alleged that players from more than one team who were assigned to the same competitive groupings colluded to post lower scores than they actually earned. Neither their coaches nor administrators discovered a crack in the players’ stories, or in their solidarity, in spite of repeated questioning. There was no evidence of acts of cheating, but a suspicious anomaly in the players’ scores caused concern at the Regional meet and since.

If there was a conspiracy of cheating, it was the players who are at fault, which must be shared by the adults in their lives who may have been unable to nurture character to the same degree they developed skills.  

If the only solution to questions of players’ shaving strokes is adult supervision of every grouping at every Regional of all four Divisions, then the soul of the game and much of what it is supposed to teach is lost, and the time spent on the sport may be unjustifiable. At least that’s what our state golf coaches association argued a decade ago when coaches were granted relief from being assigned to accompany groupings and “observe” players. They said they wanted to coach their own kids and not be required to count the strokes of other players.

Studies in other states have demonstrated that golf is the school sport which, on a per-participant basis, causes students to lose more classroom instructional time than any other sport. It’s played off school grounds and very often with non-faculty coaches. It generates no revenue to offset expenses. Add in dissatisfaction with the court-ordered change of seasons for MHSAA Lower Peninsula golf tournaments 10 years ago — and this recent ugly and, for some, unsettled incident — and one is left with more reasons than not for the MHSAA to discontinue tournament sponsorship of golf.

But I love the sport! I grew up playing golf with my parents and spent hundreds more hours with them than my siblings who did not play the game. I had a few great rounds when I was a youngster and eventually settled on the goal of being among the 10 percent of all golfers who break 90. I love the colors and contours of challenging courses, which in my prime I preferred to play at their full length, from the toughest tees and with no “gimmies” on the greens. I now watch more golf on television than any other sport. 

I’ve been thinking a lot about golf over the past decade, but have found little traction when talking about changing traditions of high school golf in Michigan ... for example, in favor of a Ryder Cup style team tournament — perhaps even coed — conducted in both Spring and Fall where schools (or their leagues) choose the season that fits their needs best. While the NCAA still conducts a Spring championship, it has “modernized” its tournament with match play, and television ratings reveal broader public appeal for the team format that professional players seem to relish. Might we make some changes to modernize high school competition in this state?

This tradition-soaked sport needs to be energized, not eliminated at the high school level. Most of all, it needs to be introduced earlier in rural and urban junior high/middle schools to create the interest and cultivate the skill that will lead to larger and more stable high school golf programs.