Why Not National Events?
October 7, 2016
The constituent groups of the National Federation of State High School Associations are engaged in a deliberate discussion of the merits of conducting national high school sports championships. The topic has been raised and rejected by the National Federation membership multiple times over many years.
Support for such events is infrequently merit-based and more often found where political pressures have assaulted policies that have prohibited schools from participation in national tournaments by school teams and students representing schools. Opposition is based in both philosophical and practical concerns.
Proponents of national tournaments say such events will provide a platform to promote education-based athletic programs, but what we would often see – teams full of transfer students missing a lot of school – would undermine any positive promotional message. We would be saying one thing but doing another.
While more promotion of what we believe in might be nice, opponents believe national tournaments would worsen everyday problems and especially the most unsavory problems of school sports, namely undue influence and athletic-related transfers.
Opponents see national events as symptomatic of the "select the best and forget the rest" virus that is infecting much of youth sports that is neither school-sponsored nor student-centered. They see national events as causing school sports to move from ally to adversary of schools' educational mission. They see more loss of classroom instructional time, more travel, more costs and more local fundraising that saps community resources. They see the rich getting richer ... more for a few "haves" and less for most others, and nothing for the "have nots."
With each state having made its own decisions regarding when sports seasons will occur, many opponents wonder how any national tournament can serve the wide variety of seasons in place. Some sports that occur in the fall in one state are conducted in the winter or spring in other states. Even when sports occur in the same season in two states, the seasons may start and end two, three or four weeks differently. Do we really want our programs to place even more pressure on kids and coaches to specialize in a single sport year-around?
With each state having made its own decisions regarding the maximum number of contests, who is going decide what the national rule will be? Will it be the 18 games of one state or the 36 games of another? With each state having made its own decisions regarding age rules and transfer rules and out-of-season coaching rules, who is going to make and enforce these and all the other rules that must apply to all to assure the competition is fair?
And with four Michigan High School Athletic Association champions in most sports, which do we choose to represent our state? Do we really need to demean the champions of three classifications or divisions by advancing the fourth? Do we want our state finals to be the qualification for another level, or the ultimate experience for MHSAA member schools and students?
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.