In An Instant
August 4, 2015
The icebergs that enter the harbors along Newfoundland’s north shore started to form thousands of years ago. They broke from ice flows 10 times their size and then got caught in a current that carried them on a 1,000-mile, two-year journey to “Iceberg Alley.” Some of them drift into harbors and, with seven-eighths of their mass below the surface, they get grounded. Eventually they break apart and disappear.
My wife and I “discovered” one of these grounded ‘bergs near the shore of cozy little Coffee Cove. After a 15-minute hike, we got closer to this sparkling monster than third base is to home plate. We each snapped dozens of pictures.
Just as we were turning to begin our hike back to “civilization,” we heard what we thought was a loud gunshot. But what actually occurred was a portion of the iceberg breaking off and falling into the water.
What we had taken pictures of moments earlier no longer existed as it had at that time. In an instant, the iceberg had changed, without respect for the thousands of years in the making and the hundreds of miles of traveling.
A few days after we returned to Michigan, Rich Tompkins died, apparently healthy, just after waterskiing. Death came without respect for the miles Rich had traveled to serve student-athletes and coaches, and without regard to all the victories his teams had earned and MHSAA championships they had won.
I last saw Rich on Valentine’s Day at the first-ever Fremont High School Hall of Fame induction banquet where Rich and many of his athletes were honored. The pictures taken that night are of people and circumstances that can never be reassembled.
We need to more fully appreciate the miracle of such moments. They can be gone in an instant.
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.