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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.” 

  • 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.

Scheduling Controversy

November 14, 2017

A dozen years ago, I asked our counterpart organizations in other states if they scheduled their schools’ regular-season varsity football games. Very few did so.

More recently, I’ve realized that I didn’t ask enough questions. It turns out that few statewide high school associations tell schools who they play each week of the regular season. However, many more give schools the group of opponents they may schedule. They place schools in leagues and/or districts and/or regions and instruct schools to schedule from among those schools only or predominantly.

I have been waiting for the tipping point where a sufficient number of high schools in Michigan are sufficiently stressed over scheduling football games that they would turn to the MHSAA to solve the problem.

I’m anticipating this might occur first among schools playing 8-player football, and that success there will lead to our assistance for 11-player schools.

One approach – the simpler solution – would work like this:

  • All 8-player schools within the enrollment limit for the 8-player tournament would be placed in two divisions on the basis of enrollment in early March. About 32 schools in each, based on current participation.

  • At the same time, each division would be divided into four regions of about eight schools.

  • In April, the schools of each region would convene to schedule seven regular season games for each school.

  • Based on current numbers, schools would still have two open weeks to fill, if they wish, for games with schools in other regions or of the other division or in neighboring states.

A second option – the date-specific solution – would provide every school its weekly schedule for all nine dates, or weeks 1 through 8, or weeks 2 through 8, depending on local preferences. This would not be difficult in concept once there is agreement on what criteria would be used and what value each criterion would have.

For example, one important criterion would be similarity of enrollment; another of great value would be proximity. Perhaps league affiliation would be a factor with some value. Perhaps historic rivalries would be another factor with a value. Then the computer spits out schedules for each school for every week for two years, home and away.

I don’t campaign for this task because, frankly, it will produce complaints and controversy. But if this organization exists to serve, then this is a service that today’s chronic complaints tell us we should begin to provide soon.

I suggest we do this for 8-player football for the 2019 and 2020 seasons (with a paper trial run for 2018). If it proves successful, we could expand the service to 11-player schools as soon after as they are satisfied with our efforts for 8-player schools.