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.
“Tournacation”
February 9, 2018
Here is one of several gold nuggets from Tom Farrey, executive director of the Aspen Institute, in a piece commissioned by the British Broadcasting Company and published in late December.
A study by George Washington University found that what children wanted most from sport was the chance to play and to try their best, guided by a coach who respects them.
Of the 81 reasons they gave for why sports were fun, “winning” came 48th, “playing in tournaments” 63rd, and “traveling to new places to play” 73rd.
Children’s wishes, however, are not always put first, as parents compete to provide what they believe are the best opportunities.
In the U.S., for instance, there may be no better example of the state of play than the growth of the “tournacation,” a term merging “tournament” and “vacation.”
At one of the nation’s largest children’s football (soccer) tournaments, in rural New Jersey, a drone in flight is best positioned to see the scale of such an event.
Up there, you can see the 75 pristine pitches that will host more than 600 teams of children aged nine to 14, chasing shiny balls, in shiny uniforms.
The cars of thousands of parents mass at the playing fields’ edges.
A two-day event such as this is an opportunity for organizers to make serious money, in this case up to $1,250 per team.
That’s on top of travel and hotel costs of as much as $500 and the $3,000 or more many parents pay each year to their child’s club.
It is an industry built on the wallets of parents, and the chase for opportunities to play in college, perhaps with a scholarship.
What the drone can’t see is how many other children – those who aren’t early bloomers, or whose families don’t have the funds, or time, to take part – have fallen away from the game.
They are often unable to join the best teams, which have the best coaches, training environments, and access to college scouts.
Football (soccer) has declined among those left behind, with fewer children joining either local teams, or playing informal games in the park.
Since 2011, the number of six- to 17-year-olds who play football (soccer) regularly has fallen nine percent to 4.2 million, according to the Sports and Fitness Industry Association.
The number of children who touch a football (soccer ball) at least once a year, in any setting, was down 15 percent.
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