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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.”
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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.
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Impaired Judgment
September 5, 2017
Twenty-five years ago, we were helping to address the problem of steroids in sports, as well as other performance or appearance enhancing substances. We segued to concern for creatine use and then to caffeine over-use. Today the emerging epidemic is opioids.
As we moved over the years from one drug-related concern to another, we were reminded, and did some reminding, that none of these concerns posed as great a health threat to students as either tobacco or alcohol.
Laws and public opinion have reduced tobacco use across much of daily life in America. It’s universally accepted that both smoking and smokeless tobacco are unhealthy, and smoking is explicitly prohibited in most public and private places where people gather. Smoking is no longer cool; smokers are sent out into the cold.
However, the same cannot be said about alcohol consumption. Public drinking has been accepted in an increasing number of unlikely places, including college sports venues. Never mind that alcohol is a frequent factor in college academic failures, campus damage and even student deaths; alcohol sales are showing up at college stadiums nationwide.
Booze and college football have been closely linked for years – the staple of the tailgating culture. But, college sports’ addiction to more and more money is now bringing booze inside some of the stadiums. About 50 universities are selling beer at games this season.
Some college administrators say their motivation is not money but an effort to match the spectator experience found at professional sporting events. But isn’t that really about money too?
I stopped taking my family to Major League Baseball games after my young son was bathed in a spectator’s beer; and I left a National Football League game early – never to return to another NFL game – after being exposed to too much “spectator experience” over-energized by alcohol.
I prefer the high school setting.