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Inclusion Then and Now
October 24, 2017
It is accurate to say, and we can be proud that it is true, that there was no more inclusive state high school athletic association in the country at its inception than the Michigan High School Athletic Association.
In Michigan from the official beginning of the MHSAA, ours was one single athletic association. Not separate associations for schools with black students and white students, like some states then. Not separate associations for public schools and private schools, like some states. Not separate associations for big city schools and other schools, like some associations.
This association is unique in the U.S.: From its creation in 1924, by state law, open to urban and rural schools, black and white schools, public and private schools, and both high schools and junior highs. The MHSAA may be the only state interscholastic athletic association that can say all four of those statements were true at its inception.
We have in Michigan a legacy of inclusion that is second to none.
In recent years, we have added to this tradition through the inclusion of 6th-graders who, as a result of a change in the MHSAA’s Constitution in 2015, are now benefiting from MHSAA services, support and rules-making.
But, to be honest, the MHSAA has slipped some in comparison to the expanded inclusiveness of other state interscholastic athletic associations:
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Compared to Illinois, Ohio and Tennessee, for examples, we do not sponsor and conduct events for junior high/middle school students, even when those students seek to compete under the MHSAA brand and banner.
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Compared to many states, we are slower to add new sports for high school tournaments, even when students clamor for the opportunity to represent their schools in competition.
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Compared to many states, we are slower to add programming for students with disabilities.
The MHSAA and its members cannot be all things to all people – that could obscure our mission and it would exceed our resources. But we should consider programming for more people.
The future of our society is in full-service schools developing the whole child in mind, body and spirit; and an essential ingredient of full-service schools is interscholastic athletics and activities. The ideal must be to serve the whole child and, as much as possible, the whole community of children.
That secures the future of schools and school sports as well as communities and their children.
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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.