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Suspicious Solutions

January 17, 2017

Fifty-two weeks ago yesterday I had hip replacement surgery on my right side. My recovery was so speedy that most people outside the offices of the Michigan High School Athletic Association never noticed, and I was back to my normal activities and workouts very quickly.

But gradually during late summer and then dramatically in early November, my body reacted. It has been giving me pain from hip to foot on my left side, a limp I can’t disguise, and a metaphor for this message.

It appears that correcting one thing adversely affected another thing; and the second problem is much more painful than the first one was.

So-called solutions often have unintended consequences, worse than the original problem. For example:

  • Every expansion of the MHSAA Football Playoffs has had an effect opposite of what was intended. Each has added additional stress on local scheduling and league affiliations; and each expansion has increased the likelihood of repeat champions.

  • Seeding MHSAA Basketball Tournaments, seen by some people as a solution so that the best teams will square off later in the tournament trail, will have those same consequences – stress on scheduling and leagues, and more repeat champions.

  • Relaxing requirements for cooperative programs once seemed like a good thing, but now it is more frequent that schools take the easy route – sending their students off to play on another school’s team – rather than doing the hard thing – providing and promoting the sport themselves. The former provides far fewer participation opportunities than the latter – the opposite of the intended purpose for cooperative programs.

  • Charter schools and School of Choice policies were supposed to force schools to improve through competition, but this “solution” devastated neighborhood schools. These policies didn’t “empower” parents, they created estrangement between schools and communities.

I could go on. The point is, my limp is a reminder to be on the lookout for the new problems inherent in so-called solutions.

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.