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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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Hurry Up and Wait
May 16, 2017
I work so far in advance of events that I’m the subject of some ribbing by my colleagues on staff of the Michigan High School Athletic Association.
I prepare agendas for winter meetings during the previous summer – to help us plan. I draft minutes of those meetings before they occur – a device I’ve found helps to expose gaps in preparation for those meetings. I keep an ongoing file of possible questions for future surveys. I have bulging files that will help us address important topics when interfering urgent matters get out of the way.
So, it feels odd that I write to suggest athletic directors and officials assigners delay some planning for the 2018-19 school year.
You may have read in MHSAA communications or elsewhere that changes in policies of the NCAA Division I Women’s Basketball Tournament have made MSU’s Breslin Student Events Center unavailable to host the MHSAA girls Finals in 2018 and 2020-2022 and the boys Finals in 2019, that the MHSAA will conduct the 2018 girls Finals in Van Noord Arena at Calvin College, and that we will use the upcoming summer and fall to consider alternative venues, season calendars and tournament schedules for 2018-19 and beyond.
Decisions may be made that affect the season starting and/or ending dates of girls basketball, boys basketball or both, as well as other winter sports. Decisions could affect the end of the girls volleyball season as well.
Rather than consider this as a huge disruption, we are choosing to look at this as an opportunity to review how and when we do things, both regular season and MHSAA tournaments. Possibly there are some improvements that can be made.
On the other hand, we may find it inappropriate to upset sound scheduling and many valued traditions because of changes made in a college basketball tournament, and that we should use NCAA Division I facilities less or not at all, if necessary, to continue with our current schedules.
Nevertheless, the fact of these discussions and the potential for changes might cause leagues and local schools to delay in finalizing 2018-19 schedules and officials assignments.