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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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Making Matters Worse
March 17, 2017
For many years there have been complaints that the MHSAA Football Playoffs make it difficult for some teams to schedule regular season football games. Teams that are too good are avoided because opponents fear losses, and teams that are too small are avoided by larger schools because they do not generate enough playoff point value for wins.
Recently the MHSAA has learned, only indirectly, that some among the state’s football coaches association are recycling an old plan that would make matters worse. It’s called the “Enhanced Strength of Schedule Playoff System.”
Among its features is doubling the number of different point value classifications from four (80 for Class A down to 32 for Class D) to eight (88 for Division 1 down to 32 for Division 8).
What this does is make the art of scheduling regular season games even more difficult; for the greater variety of values you assign to schools, the more difficult it is to align with like-sized schools.
The “Enhanced Strength of Schedule Playoff System” makes matters even worse by creating eight different multipliers depending on the size of opposing schools. Imagine having to consider all this when building a regular season football schedule.
When this proposal was discussed previously statewide in 2012, it was revealed that it would have caused 15 teams with six regular season wins to miss the playoffs that year, while two teams with losing records would have qualified. How do you explain that to people? It was also demonstrated in 2012 that larger schools in more isolated areas would have to travel far and wide across the state, week after week, to build a schedule with potential point value to match similar sized schools located in more heavily populated parts of our state and have many scheduling options nearby. How is that fair?
The proposal is seriously flawed, and by circumventing the MHSAA Football Committee, its proponents assure it is fatally flawed.