Urgency
November 8, 2011
I still have in my files and in my mind Joe Klein’s Newsweek editorial of Sept. 21, 1992, that took Bill Clinton to task for his “small themes” during the closing months of his campaign for the U.S. presidency.
Never one to be shy in his bully pulpit at Newsweek (or in his then anonymously published novel Primary Colors based on the 1992 Democratic presidential primary), Klein wrote that Clinton’s late campaign efforts were “rhetorically flaccid, intellectually unadventurous, morally undemanding.”
In response, Clinton’s campaign strategist, James Carville, resorted to a sports metaphor: “The way to the goal line is to keep running off tackle. Four yards and a cloud of dust.”
This “take no chances, do no harm, run out the clock” spirit and strategy that so infuriated Klein will not be seen at the MHSAA. Expectations and efforts will be in continuous crescendo no matter how close the goal line gets. In fact, as it is with any good football team in the “red zone,” the closer the goal line looms, the greater the sense of urgency there will be.
There is no greater proof at this moment to our most inner circle of constituents – high school athletics directors – than the MHSAA’s work with ArbiterSports to become the first state high school association in America to develop, and to deliver at least initially at no cost to all member high schools, a comprehensive suite of electronic tools for athletic department administration. This is a responsibility, and risk, that could have been left to others; but we’re being motivated by undertaking the task here and now – first in the nation – so that the product is tailor-made for high school sports, Michigan’s way.
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.