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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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Official Results
August 15, 2017
We enjoy some privileges serving on the Michigan High school Athletic Association staff. However, one privilege we do not have is to ignore rules when we don’t enjoy their application.
One of the rules of Michigan school sports for very many years is that there is no protest of or appeal to the decisions of contest officials. Whether it is a traveling call in basketball, a safe/out call in baseball or softball, a five-yard illegal motion call, a 10-yard holding call, or a 15-yard unsportsmanlike conduct call in football with player or coach ejection, the call is final; and if the penalty calls for next-game disqualification, that is final too.
If after a contest, an official wishes he or she could take back a call, it’s too late. If after a contest, folks pressure an official to rescind the next-game disqualification, the outcome is unchanged: ejection from one contest for unsportsmanlike conduct requires suspension from the next day of competition.
The finality of high school officials’ calls has been challenged multiple times in courts across the country – twice in Michigan – and the nearly unanimous result nationwide has been that judges will not allow themselves to become super-referees, second guessing onsite contest officials.
On some higher levels of sports – e.g., college and professional – where there are dozens of cameras covering a handful of contests each week, league offices may review some decisions. But our level of sports lacks sophisticated cameras positioned at all angles, and it involves many hundreds of contests in several different sports every week. We have neither the time nor the technology at every venue to be involved in reviewing the calls of contest officials.
Last school year, there were nearly 1,000 player ejections and more than 200 coach ejections. School sports is not equipped to review 30 to 40 of these situations that arise each week; nor should we do so.
Officials see a play and make an instantaneous decision. Their calls are final; and living with the outcome is one of the valuable lessons we try to teach and learn in school-based sports.