Bathroom Breaks
April 29, 2016
Restrooms and locker rooms have become the front line of the latest civil rights battle in America, with collateral damage to school sports possible.
The laws of the land (local, state and federal) are presently conflicting and unclear; but ultimately, they are likely to be liberally construed. In the meantime, it will be discouraging to observe litigation that pits one person’s rights to access against another person’s right of privacy.
What we advocate is a safe and supportive environment for all students, with as many decisions as possible made at the most local level possible where resources can be best assessed and allocated.
We take no political or religious position; we are on the side of students, facilitating opportunities for gender questioning or confirming students while promoting a fair and level playing field in competitive athletics for all students.
To preserve opportunities for females and consistent with state and federal statutes and a long history of case law, Michigan High School Athletic Association rules do not allow boys on girls teams in MHSAA postseason tournaments. Therefore, the only time the MHSAA is directly involved is when a male student is transitioning to female and desires to play on an interscholastic team designated only for females in MHSAA tournaments. We decide about eligibility only; local schools make the necessary accommodations.
If a student’s gender preference of male is disputed by facts, that student may not be allowed on tournament teams designated for females only. Each decision is made on a case-by-case basis, balancing the objectives of promoting both opportunity and fair play.
Controlling Authority
September 22, 2017
On occasion, someone who does not like a rule of sports applied to his or her child’s situation will suggest that the Michigan High School Athletic Association has misunderstood or misapplied the rule ... and then proceeds to tell us (or a court of law) what the rule really says or means.
At such times, we are tempted to quote from the Honorable Frank H. Easterbrook’s Foreword to Reading Law by Antonin Scalia and Bryan A. Garner. Judge Easterbrook, who retired in 2013 from the United States Court of Appeals for the Seventh Circuit, wrote: “The text’s author, not the interpreter, gets to choose how language will be understood and applied.”
The true and intended meaning and application of MHSAA rules and regulations are determined at the time they are adopted by their authors – MHSAA Representative Council and staff – not at the time they are challenged by those who find the meaning and application inconvenient.
For this reason, courts customarily, and correctly, do not intervene ... do not substitute their judgment for that of the authors and administrators of the rules.
The controlling case in Michigan, by the Michigan Court of Appeals in 1986, held that courts are not the proper forum for making or reviewing decisions concerning the eligibility of students in interscholastic athletics.