None of This is New
October 31, 2011
Those commenting on national affairs keep saying that our political processes are too polarized to get anything done; but political parties were every bit as divided in the 18th, 19th and 20th centuries as they are today, and public debate was even more strident than the lack of civility we see today.
The grilling of Supreme Court nominees, Wall Street bankers and British Petroleum executives can seem sensational, but this has been nothing like the early 1950s when Senator McCarthy of Wisconsin conducted hearings into Communist sympathies of employees in government and Hollywood.
It is almost laughable to assert that modern political debate is disintegrating. Heck, in 1804 our nation’s vice president, while in office, challenged a critic to a duel. And shot him dead! Now that’s discord!
My point is that the political process didn’t break recently. If it’s broken, it’s always been broken, always contentious and acrimonious – from the drafting of the Declaration of Independence and Constitution, to the War Between the States, until today: corrupt politicians, polarized political parties, bitter debates, contentious elections.
None of this is new, except for the increased media coverage. None of this alone is to blame for today’s inability to solve problems. And all of this together is not to blame for today’s problems.
Perhaps closer to the heart of the problems today in Michigan and our nation is a lack of heart in “we the people.” A lack of passion, principle and – most of all – common vision and purpose.
Maybe we’ve just had it so good for so long that we’ve forgotten to dream for better days and fight for a better future.
Maybe these tough times will refresh our dreams and reignite the fight.
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.