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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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Football Participation
June 13, 2017
Each summer, the Michigan High School Athletic Association issues several news releases that, together, help to inform us about the health of high school sports in Michigan. These include reports regarding participation and attendance.
The first of these releases will occur later this month when we report on participation and make comparisons to previous years. Later, there will be a report of how participation in Michigan compares to other states.
Without going into detail now, I’ll preempt the first release to provide its biggest news – football participation was down about five percent in grades 9-12 in 2016 compared to 2015.
The decline in number of schools sponsoring 11-player football is matched by the increase in schools sponsoring the 8-player game. So overall, the number of football schools is stable; but squad size is smaller.
Among other things, this predicts continuing growth in 8-player football, which expects approximately 60 schools this fall when the MHSAA 8-player tournament expands from one to two 16-team divisions.
The latest participation data also requires that those of us who love the game of football have much work to do; and that work has little to do with how either the 8- or 11-player tournament is conducted.
The focus needs to be on practice – including how early in August it begins and how much contact is allowed; the focus must be on personnel – including the importance of hiring on-staff teachers as coaches; and the focus must be on perceptions – including our narrative that our game has never been healthier for junior high/middle school and high school students and never more important for the unity and identity of schools and communities.
Like other sports, football is challenged by declining high school age enrollment, expansion in the number of sports offered by schools and increased single-sport specialization, as well as a largely misplaced concern for injuries.
On June 28, the leadership of the Michigan High School Football Coaches Association is convening a focus group to help identify the themes that resonate best with parents and who the most trusted people are to deliver those messages. This is an important effort.