Rush to Ridicule
February 5, 2016
Last month the statewide high school athletic association of a neighboring state sent to its member schools a reminder of its sportsmanship standards. From almost all media reports you would have thought the association did a terrible thing.
In fact, the athletic association did nothing wrong – nothing that it and similar organizations have not done many times before to point people away from declining standards of sportsmanship prevalent in other programs and point people toward behavior that is more appropriate for an educational setting – i.e., in programs sponsored and conducted by educational institutions.
Then one of that athletic association’s schools did an unsurprising thing – and what dozens of schools, perhaps hundreds of schools, have done many times before. It distributed the athletic association’s message to its students and coaches.
Where this good work went bad was an isolated incident where one student-athlete at one school posted a profane reaction on social media, criticizing the message; and the student’s school suspended the student from a few contests.
That’s the story. But it’s been mangled by most professional and social media which have rushed mindlessly to ridicule the athletic association.
The association was not wrong to promote positive cheering sections and mutual respect during athletic events. And the association is taking an amazingly high (sportsmanlike?) road to say that it will use this media fiasco as an opportunity to review its sportsmanship guidelines.
We have proven in this state through our Battle of the Fans, a contest conceived by our Student Advisory Council, that cheering sections can be larger and louder by encouraging positive behavior; fun that is also respectful. We prohibit no specific cheers, but we promote positive cheers and the schools where that is the norm.
In a society where standards of all kinds appear to be slipping, this is praiseworthy work.
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.