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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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Site Lines
April 17, 2017
It appears that everyone is talking about where the championship rounds of the Michigan High School Athletic Association basketball tournaments should be played.
This has become a topic because our traditional site, Michigan State University’s Breslin Student Events Center, is not available to host the Semifinals and Finals of the girls tournament in 2018 and 2020 or the boys tournament in 2019, in both cases because the facility must remain open for MSU’s women’s basketball team should it earn the privilege of hosting first and second round games of the NCAA Division I Women’s Basketball Tournament.
It is important that the people listening know that most of the people talking have little knowledge of what facilities are actually available in 2018 and beyond.
For example, The Palace of Auburn Hills, Little Caesars Arena in Detroit and Van Andel Arena are not available in 2018, nor is a sentimental favorite for the girls tournament, Central Michigan University.
By mid-May, the MHSAA will have announced decisions for 2018, and likely for that one year only. Between now and the end of 2017, the MHSAA will be evaluating site options for both tournaments, boys and girls, as well as potential scheduling changes for both the regular season and MHSAA tournaments that could alter what facilities are needed and when. This could increase opportunities to use NCAA Division I institutions, and/or this could reduce or eliminate the need for those facilities.
It would be unfortunate if we turn ourselves inside-out and upside-down to avoid NCAA conflicts. Some of the scheduling scenarios being studied would seriously stress District and Regional tournament sites and management as well as overwork the ranks of our tournament-ready basketball officials. Other scheduling scenarios would adversely affect other winter sports or increase overlap with fall sports or spring sports. We need to move carefully, and with broad consensus.
There is a desire to host the championships of the girls and boys tournaments at the same venue, but there is no legal obligation to do so. There is a desire to build on traditions established at Michigan State University, but conflicts and costs make that unlikely to continue. There is a desire to please everyone, but that won’t happen.