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.
Seeking Input on Seeding
November 21, 2017
Seeding is a part of some levels of some Michigan High School Athletic Association tournaments, but no part of any level of MHSAA tournaments for other sports. The decisions are made sport-by-sport and level-by-level after sufficient understanding of a specific plan and broad support.
Seeding deals with logistics, not a fundamental value of educational athletics. It gets outsized attention for its importance, having nothing to do with the interactions that lead to learning and growing in interscholastic athletics. It’s another byproduct of the ever-increasing influence of the pervasively promoted and televised NCAA’s basketball tournaments over the past 25 years.
Michigan’s high school sport most engaged in the topic now is, in fact, basketball. Discussions and surveys have been conducted regarding seeding at MHSAA District tournaments.
We’ve learned this summer and fall that a majority of our local school athletic directors favor seeding and do not think it will make regular-season scheduling more difficult nor cause coaches to delay or diminish substituting during regular season games.
We’ve learned that a majority favor a system that maintains geographically determined District tournaments and merely separates the top two seeded teams in each District, and continues to use a blind draw to place other teams assigned to the District on the bracket.
We’ve learned that a majority favors having the best two teams determined primarily through objective criteria assessed by an MHSAA created or controlled ranking system.
We’ve learned that while the majority favors these moves toward District seeding, there are significant pockets of opposition to any seeding at all in MHSAA basketball tournaments. At two of six Athletic Director In-Service meetings and at two of seven Update meetings in September and October, large majorities in attendance opposed seeding of District basketball tournaments; and voters were nearly evenly split at several other meeting sites.
The discernible pattern is that seeding loses support as one moves out of the more densely populated areas of Michigan. We need to better understand why this is so, and what’s behind these regional or demographic preferences; then have the Representative Council make a decision at its meeting in March or May; and get this topic decided one way or the other.
There is so much else that is so much more important than seeding to the health of school-sponsored basketball that deserves the attention that seeding has been getting.