Our Environment at Risk

October 18, 2011

My wife and I are passionate travelers.  We plan our own trips and we read about the history, music, art, government and food of the places we plan to visit.  I struggle to learn a few phrases to get by in other languages.

No matter how cramped airplanes have become and no matter how compromised we feel as we shed our belongings and submit to the frisking and fondling of airport security, we remain enthusiastic planners and pilgrims.  And the more exotic the destination, the more excited we are.

As we have traveled, it has been impossible to escape the realization that civilizations rise and fall; and it’s impossible to avoid the conclusion that one of the most compelling reasons why civilizations fail is that they ruin their environments.

Some civilizations have done this to themselves, poisoned their own environs; while other civilizations saw their environments contaminated by foreign influences.  Some were invaded by brute force; others peacefully introduced new customs or germs that weakened the people or their flora or fauna.

It is one or more of these influences that caused the Mayans, who built structures that still stun 21st century engineers, to be reduced from many millions to a few remnants.

The historical principle that civilizations collapse when their environments are contaminated is worth considering for our little niche in modern society:  the enterprise of school sports.

We cannot expect school sports to survive – these programs can only collapse – if we ruin the environment in which school sports breathes and lives.

This is an environment of comprehensive, community-based schools. 

But schools are losing both these characteristics – both their comprehensiveness and their community base.

That we have a few schools of narrow focus is reasonable; that we have a few schools of specialized populations is tolerable; that we have a few schools without strong neighborhood connection is acceptable. 

However, it does our neighborhoods no good, our communities no good, our state no good, nor our nation any good – in fact, in total, it does our nation much harm – as more and more schools trend further and further in these directions.

To abandon the school with comprehensive programs serving the invested neighborhood around it does us harm:  nation, state, community and child.

It is almost irrelevant that this is bad for high school athletics.  It’s bad for America.
 

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.