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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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Our Place in the Sun
August 22, 2017
Today’s blog was written by MHSAA Website and Publications Coordinator Rob Kaminski
Millions of people across the country yesterday were mesmerized and fascinated by a once-in-a-lifetime show staged by the solar system: a total solar eclipse, which spanned the contiguous United States from Oregon to South Carolina.
The “Great American Eclipse” (because everything needs a title these days) was preceded by countless hours of coverage to prep enthusiasts on a variety of topics: the best places in which to view “totality;” the time frame in which the phenomenon would occur; the manner in which to view the orbs without damaging retinas; and, for the more scientifically inclined, detailed explanations as to the cause of the event.
It is somewhat ironic that this temporary traveling blackout began in the Pacific Northwest where people often yearn for even a glimpse of the sun over periods of time, and ended off the coast of South Carolina where residents have endured more than their share of weather disasters and a day of total sun would have been greatly preferred. At widespread locations in between, how many citizens beg for just a little more sunshine each day when the clock runs out on Daylight Saving Time?
The attraction to Monday’s event, of course, was its rarity. Its peculiarity. Its deviation from the norm. The last time a total solar eclipse could be seen anywhere in the United States was 1979, and the last time it went coast to coast was 99 years ago. That was the hook. It was darkness’s day in the sun.
Another MHSAA football season kicks off around the state Friday just clear from the shadows of Monday’s historic, but fleeting, happening. The school sports spotlight shines brightest on fall Friday nights and has for decades, not only in Michigan, but also from shore to shore across the country. It is pep rallies and parades; pizza parlors and burger joints; neighborhood caravans and tailgates; perhaps even a Friday cross country meet or volleyball match, all leading up to the football game, for many years the only game in town.
Now, as college football continues its attempt to upset the natural balance and create its own eclipse, it is our hope that high school fans from state to state will consider this movement a fleeting attention grab. It is our hope that the people who have fueled our product over the course of time will turn their heads and focus on the brightest Friday night stars in their own back yards.