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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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Rare Occasions
February 28, 2017
On the rare occasions when a high school athletic event in Michigan is interrupted or ended prematurely because of a breakdown in proper sportsmanship, I remind myself that there were hundreds of other high school athletic contests that same day that were conducted with good sportsmanship and without problems. It is because bad incidents are so very rare that they make news.
The Michigan High School Athletic Association doesn't assign officials to administer any regular-season contests; but we do receive reports from officials, school administrators and many others when problems occur, some offering opinions that go viral with incomplete information and snap judgments.
In a recent case, three veteran and respected officials were assigned to a league crossover game between two talented basketball teams. The atmosphere was poisoned by a public address announcer who was subsequently removed from that role by the school district after he not only performed those duties in an inflammatory and biased way, but also pursued and provoked one of the officials who had halted the game after an object was hurled from the crowd. That official worsened the situation when he pushed this individual; and the subsequent behavior of host team members and spectators was deplorable and dangerous.
The official is not the villain here, but an individual human being who has enjoyed the avocation of sports officiating for many years with good success and support. I'm sure he wishes he could take back the split second of his fear or anger that has been shown on video worldwide.
The host school has not been blind to several things it could do, in addition to appointing a different PA announcer, to improve the atmosphere of its athletic events; and it has already demonstrated its intent to provide a better experience for all involved in the future. It is contributing to the many thousands of athletic contests that build character in school sports for every one contest that lets us down.