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.”
-
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.
Bouncing Basketball Around
November 17, 2017
We can educate kids in school sports just as well with or without elegant venues. That doesn’t mean we won’t miss The Palace of Auburn Hills for the Michigan High School Athletic Association Individual Wrestling Finals, but people are more important than places in educational athletics. Values are more critical than venues.
Nevertheless, when we think and talk about sites for MHSAA Girls and Boys Basketball Finals in 2019 and beyond, as we have been forced to do because of increasing costs and decreasing availabilities at Michigan State University’s Breslin Student Events Center, it draws more public and media attention than the fundamental importance of the topic.
Our discussions across the state and our surveys have given us some insights.
One is that using Michigan’s larger NCAA Division I university arenas is not considered a high priority by a majority of our constituents. Nor is utilizing the same facility for both genders a necessity.
It appears most people like WHEN and WHERE we’ve conducted our tournaments the past eight years (the Breslin Center, on consecutive weekends for girls and boys); but most people seem to value the schedule more than the site ... they appear to prefer that we keep the calendar we’ve enjoyed for many years, even if the venue must change to make that possible.
It appears that many people prefer a smaller venue than Breslin’s nearly 15,000-seat arena for the girls tournament, some reflecting fondly on the exciting, often near-capacity atmosphere that Central Michigan University’s Rose Arena provided in 1996 through 2003. They should get that atmosphere for this year’s Finals at Calvin College’s Van Noord Arena in March, the largest NCAA Division III arena in the country, which has twice hosted the Division III Women’s Basketball Final Four.
We had hoped to be able to announce this December the decisions that would inform everyone when and where we will be staging Girls and Boys Basketball Finals for the next four years; but it is becoming increasingly apparent that we may be making decisions on a year-to-year basis for a while, hoping eventually to sort things out and establish new traditions that we come to value as much as the schedule and site stability that ended in 2017.