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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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Basketball Tournaments on the Move?
March 3, 2017
It is uncertain where the Michigan High School Athletic Association Boys and Girls Basketball Tournaments, currently at the Breslin Center of Michigan State University, will be conducted in 2018 and 2019; and after that, there are questions of when they will be conducted.
The most serious of several concerns is that MSU can no longer guarantee Breslin’s availability for the MHSAA Semifinals and Finals. This is the result of a change in the format of the NCAA Division I Women’s Basketball Tournament that assigns its 16 regionals to the top 16 seeded teams.
That schedule conflicts with the MHSAA Girls Basketball Semifinals and Finals in 2018 and 2020, and with the MHSAA Boys Basketball Semifinals and Finals in 2019.
In 2016, when MSU’s women’s basketball team was highly seeded, it had to travel to Mississippi State University because the MHSAA girls tournament was occupying Breslin. The contract that guarantees MHSAA priority ends with this year’s tournament, March 16-18.
The MHSAA is proceeding on two tracks. First, it has just distributed a “Request for Proposal” to MSU and other potential hosts for at least 2018 and 2019. There are options for venues to submit proposals for boys, girls or both.
Second, the MHSAA has begun what is likely to be a long discussion regarding dates. For example, if the girls season started and ended one week earlier, the NCAA conflict may not occur. However, this would likely require a one-week earlier end to the girls volleyball season in the fall, which some people have advocated but others are certain to oppose.
A flipside variation of this idea is to start and end boys basketball season two weeks earlier than is the case now, and to delay the start and end of girls basketball season by one week. This is a means of reducing the volleyball/basketball overlap for girls in November, and it would avoid that March weekend when the NCAA Division I women’s tournament can be a conflict.
Another option is to start the boys season one week earlier, extend the girls season one week later, and conduct the two tournaments simultaneously over four weeks – different days of the same weeks for Districts and Regionals; with Semifinals for both genders around the state on the weekend when the girls tournament has ended in the past; and then Finals for boys and girls at a single site on the Friday and Saturday when the boys tournament has traditionally ended.
Unless things change at the NCAA level, none of these models guarantees a schedule that is always free of conflicts with both the boys and girls MHSAA tournaments. Therefore, other innovative but possibly even more intrusive, changeable and tradition-breaking calendar adjustments could also be investigated that might provide a better long-term solution than merely changing venues.
Venue decisions are the responsibility of MHSAA management and should be made by early May. Calendar changes, if any, will be membership driven and may take more than 18 months to finalize.