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.
Striking A Balance
January 23, 2018
This past fall, the feature topic of the seven Update Meetings of the Michigan High School Athletic Association was the Transfer Rule ... its history, rationale and reasons why it should and shouldn’t be altered to counter the transfer epidemic that school of choice laws and the youth sports travel team culture have infected upon school-sponsored sports in this and other states.
The Update Meeting presentation included cautions that, while the vast majority of school administrators and coaches want a tougher and tighter transfer rule with longer periods of ineligibility and fewer exceptions that permit immediate eligibility, many people outside of school sports believe such changes would infringe upon their individual choices; and even some people involved in school sports at the local level lose interest in supporting the rules already in place when they are applied to their own situation.
The Update Meeting concerns have been legitimized during more recent months in both high and low profile situations.
There are suggestions that the MHSAA should have an investigations department to search for and penalize athletic-oriented transfers and unscrupulous acts by coaches, parents and others. Which is a foolish notion. The MHSAA does not have subpoena power, can’t perform wiretaps, and cannot devote the personnel and other resources that an investigations department would require. Even with hundreds of millions of dollars in resources, the NCAA has not been able to execute that function for intercollegiate sports, and recently the FBI stepped in to do the difficult work.
As has been its long-standing and generally effective practice, the MHSAA relies heavily on its member schools to help enforce its rules, which schools agree to do as a condition of their voluntary membership.
At the other extreme are suggestions to do away altogether with transfer eligibility rules. Let anything and everything go. Which is what we call the AAU, an incompatible approach to student-centered, school-sponsored sports.
Striking a balance is a difficult, but worthwhile endeavor. To that end, the MHSAA Representative Council works tirelessly on behalf of member schools to establish the proper set of rules to create competitive equity.