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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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Not So Great
February 7, 2017
The Michigan High School Athletic Association leadership can sometimes be like the leadership of the United States of America. We can boast a bit too boldly about how great we are.
That's why a trip to Europe, most recently for me to the country of Spain, can be a humbling reminder that no matter how good we may seem to be regarding some things, there is very much room for improvement on others.
The USA is a leader in many ways, but a distant laggard when it comes to community place-making and the quality of our roads and bridges and mass transportation systems. The USA is embarrassingly behind the needs and times in these important ways of improving life for millions of its citizens.
This obvious observation begs for consideration of ways and means the MHSAA may lag behind its counterpart organizations in serving and supporting school-sponsored sports. And these are the two most obvious observations:
We trail the nation's most progressive states with respect to requirements to coach and a few other most progressive states with respect to requirements to officiate.
It was no huge surprise that the 2016 MHSAA Update Meeting Opinion Poll demonstrated that attendees were more supportive of proposals to change those rules than any other policies or procedures of the organization.
The most popular proposal surveyed was a requirement that high school coaches who are disqualified from a contest more than once in a season must complete a free online sportsmanship course before they may return to coaching ... 94 percent of 602 respondents favored that policy.
The second most popular proposal surveyed would require all head coaches at the junior high/middle school level to have a valid (current) certification in CPR (same as the rule for high schools) ... 80 percent of 593 respondents favored that.
And the third most popular proposal surveyed would require an MHSAA registered official to attend an MHSAA-conducted or approved camp or clinic (three-hour minimum duration) during the first three years before that official may renew registration for a fourth year ... 75 percent of 601 respondents were in favor.
There are some obvious flaws in these requirements as stated on the Opinion Poll, and the respondents tend to come from larger schools and under-represent the opinion of small school administrators; but the responses of constituents are valuable nevertheless because they indicate a general direction that respondents believe is necessary to improve school sports, or at least to keep pace with the changing needs.