Half Empty or Half Full

December 11, 2012

After an absence of decades, eight-player football has been reintroduced to Michigan high schools during recent years. When enough schools sponsored the program, the MHSAA responded with a four-week playoff in 2011.  The number of schools sponsoring the sport grew in 2012, and more growth is expected for the 2013 season.

Like almost everything that occurs in life, what has benefited some schools is not seen by others to be in their own best interests.

Advocates of the eight-player game include those schools whose declining enrollments couldn’t support the eleven-player game.  Football has returned to some communities and has been saved from the brink of elimination in others.

However, as two and soon three dozen Class D schools opt for the eight-player game, the remaining Class D schools that sponsor football find themselves in disrupted leagues and forced to travel further to complete eleven-player football schedules; and they must compete against larger teams in Division 8 of the eleven-player MHSAA Football Playoffs.

In fact, the growth of the eight-player game among our smallest schools has resulted in more Class D schools qualifying for the MHSAA Football Playoffs than ever before.  In 2012, an all-time high 44.0 percent of Class D schools that sponsor football qualified for either the single division eight-player tournament or Division 8 of the eleven-player tournament.  This compares to 42.2 percent of Class C schools, 44.9 percent of Class B schools and 41.6 percent of Class A schools that sponsor football and qualified for the 2012 playoffs.

Some see the eight-player game as the savior of the football experience in Class D schools.  Others see it differently.

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.