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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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Eight-Player Options
March 10, 2017
Put this in the category of “No good deed goes unpunished.”
In 2011, the MHSAA provided an additional playoff for Class D schools sponsoring 8-player football. This helped save football in some schools and helped return the game of football to other schools. But now that the number of 8-player programs has expanded from two dozen in 2011 to more than 60, there are complaints:
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Some complaints come out of a sense of entitlement that all final games in both the 8-player and 11-player tournament deserve to be played at Ford Field.
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Some complaints come from Class C schools whose enrollments are too large for the 8-player tournament. Class C schools which sponsor the 8-player game have no tournament at all in which to play, regardless of where the finals might be held.
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Some complaints come from Class D schools which protest any suggestion that Class C schools – even the smallest – be allowed to play in the 8-player tournament.
There are now three scenarios emerging as the most likely future for 8-player football:
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The original plan ... A five-week, 32-team tournament for Class D schools only, with the finals at a site to be determined, but probably not Ford Field.
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Alternative #1 ... Reduce the 11-player tournament to seven divisions and make Division 8 the 8-player tournament with 32 Class D teams in a five-week tournament, ending at Ford Field.
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Alternative #2 ... Conduct the 8-player tournament in two divisions of 16 Class D teams, competing in a four-week playoff ending in a double-header at the Superior Dome on the Saturday before Thanksgiving.
The pros and cons of these options are being widely discussed. Sometimes the discussions have a tone that is critical of the MHSAA, which comes from those who forget that it was the MHSAA itself which moved in 2011 to protect and promote football by adding the 8-player playoff tournament option for its smallest member schools. That Class D schools now feel entitled to the Ford Field opportunity and Class C schools want access to an 8-player tournament is not unexpected; but criticism of the MHSAA’s efforts is not deserved.