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.

Michigan’s Football Numbers Game – Corrected

September 1, 2017

Today’s blog was written by MHSAA Second Half Editor Geoff Kimmerly

The demise of Michigan high school football has been greatly exaggerated – or, at least, recently misreported by one of the U.S.’s most recognizable newspapers that noted as part of a larger story on football decline that Michigan has seen a “net loss of 57 teams in the past five years.”

It’s easy to understand how this error took place – especially when a reporter is not familiar with the football landscape in our state – but that doesn’t make this statement any less misleading, or harmful considering the story since has been picked up by multiple large news organizations. So let’s quickly clear up the misinterpreted information:

  • The data that led to this error came from an annual participation report released by the National Federation of State High School Associations (NFHS). Every spring, state associations (like the MHSAA) from every state and Washington, D.C., tally up how many of their member schools have a sport and how many athletes play it. 

  • For 2016-17, the MHSAA submitted to the NFHS a total of 580 schools with 11-player football – that number actually includes all schools that reported having at least one football player, including primary and secondary schools in co-ops. And yes, that 580 is 57 fewer than the 637 11-player schools the MHSAA submitted for 2012-13. 

  • But saying Michigan has lost 57 football programs misses out on something incredibly significant – the MHSAA also submitted 60 schools with 8-player football last year, up from 16 in 2012-13, making that net decrease in football schools over five years 13 – far fewer than 57.

And with a few more brush strokes, the picture of football in our state actually shows a healthy landscape:

  • The 640 schools in Michigan with at least one football player for 2016-17, 11 and 8-player combined, is actually eight more than we reported to the NFHS four years ago and 10 more than three years ago. 

  • A better picture of Michigan’s football consistency is shown by how many varsity programs are taking the field. This fall, that number is 616 – 555 11-player varsities and 61 8-player – and we also had 616 for most of the 2016 season, 616 in 2015 and 615 in 2014. 

  • We’ve had programs bring back varsity teams this year, and in one case a school has a team on its own for the first time. Benzonia Benzie Central and Suttons Bay were unable to field varsities in 2016, but Benzie Central is back playing 11-player and Suttons Bay is back with an 8-player team. Brimley, an 8-player school going back to 2010, also is fielding a team again after being unable to do so last year. Mount Clemens played only two varsity games in 2016 and forfeited a third, but has seven scheduled for this fall and lost close in its opener last week. And Bear Lake, previously a secondary school in a co-op program, now has a team all its own for the first time and is playing at the 8-player level. 

  • Yes, there has been a decrease in Michigan high school football participation when it comes to the number of players – for reasons we discuss frequently, including more extracurricular/entertainment options than ever for students, more who are specializing in other sports and safety fears that often are misplaced. But we’ve also seen a three percent drop in enrollment at MHSAA member schools over the last five years. And despite that trend, Michigan again had the sixth-highest 11-player football participation in the nation in 2016-17 (and seventh-highest in 8-player) while ranking 10th nationally in number of residents of high school age. 

  • So yes, while a nine percent drop in the number of football players over the last five years in Michigan clearly is troubling, and something we’re working with the Michigan High School Football Coaches Association to reverse, let’s also put those numbers in perspective. At medium-sized to bigger schools, it could mean a roster of 40 might have only 36 players. A roster of 20 at an 8-player school might go down to 18. Neither would signal the need to eliminate a football program. 

  • And that move by so many schools to 8-player? It definitely started as a way for low-participation programs to keep football (and has worked for most of them). While that still may be the driving force as schools move from 11 to 8, others have made the switch because most of their former opponents did and joining them makes scheduling easier and travel shorter. Michigan has a multitude of small towns, and you’ll find most of these 8-player programs in pockets in the thumb, southwest or northern Lower Peninsula, or Upper Peninsula. And keep in mind, only Class D teams remain eligible for the 8-player playoffs – and only two of 61 teams playing 8-player this fall are larger than Class D and its enrollment limit of 203 students for 2017-18.

The story behind “a decrease of 57 schools” clearly is a little complex to explain and explain away, but it’s necessary to do so. 

Yes, Michigan’s total number of football players is down a few percent. But the sport’s prominence and importance in our schools and communities remains high.