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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.
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School Sports’ Influence
June 20, 2017
As I sat a year ago in an audience consisting of my colleagues from across the U.S., I shared the general frustration – or perhaps it was exhaustion – when a veteran member of our national sports medicine advisory committee discussed the role of high school sports leaders in addressing what he said posed the greatest threat to students.
That threat was nothing we had been working on so very hard for so very long. It wasn’t heads, heat or hearts. Not extreme weight loss in wrestling or, increasingly, in other sports. Not communicable diseases, especially in wrestling. It wasn’t specialization. Not performance enhancing drugs.
He reported that the greatest threat is accidents. Away from the practice and competition venues, and especially traffic accidents. He wondered what our role should be.
He acknowledged much we’ve done regarding so many issues in the past, and all the newer issues – such as opioid addiction, depression and suicide – that are pressing for our attention; but he said it was the same issue today that it has been for decades that most threatens students. Accidents. Especially automobile accidents.
He admitted that the time and place of this threat was not under the control of athletic coaches and administrators. But his point was that the time and place is still under the influence of coaches and administrators.
Say all you want that school sports is irrelevant in this age of video games and ubiquitous non-school sports. This physician knows the score. He knows that school sports still matters mightily to kids, and that those in charge of local school sports programs still yield great power over young people.
Pick a problem – almost any problem – and people want school sports to address it. From bullying to bulimia, from obesity to overuse injuries. It is unfair to ask us to do all this, especially when funding for school sports is considered a frill in so many places.
But it’s a heck of an honor to work in an area where people think we’re the solution, or at least a deterrent. So we keep trying.