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.
Committees Fail Critical Issues
June 7, 2013
Typically, each sport committee meets once each year for three to five hours, during which time it considers proposals that come from schools, leagues and the state’s coaches association for the sport; and the proposals most often deal with allowing more regular-season events and more qualifiers to the MHSAA postseason tournament.
Occasionally there is a proposal that might improve sportsmanship. But much more often the proposals would increase conflicts between academics and athletics and/or strain overstressed local budgets. And almost never is there a proposal that would address the health and safety of participants (the Wrestling Committee has been an occasional exception and the Competitive Cheer Committee is a routine exception).
While coaches associations must shoulder some of the blame because they’ve brought MHSAA committees “trivial” topics, at least in comparison to the tougher health and safety topics, much of the cause of MHSAA committee ineffectiveness is that the committees don’t meet long enough or often enough to research serious problems and develop well-thought-out solutions. That is forgivable because it is difficult to get commitments from busy people all across Michigan to be absent from their regular jobs and travel dozens or even hundreds of miles, and to do so multiple times each year – which is what it takes to more fully understand complex problems and more carefully construct solutions. Meetings have to be few and they have to be efficient.
However, facing the worst publicity football has seen since the mid-1970s, we knew we had to supplement the football committee process. We did so by appointing a special Football Task Force of optimum size and experienced, representative makeup to meet on however many occasions are necessary during 2013 to accomplish three purposes:
- Review practice policies to improve acclimatization of players and reduce head trauma.
- Review competition rules to reduce head trauma and the frequency of the sport’s most injurious game situations.
- Develop promotions that extol the value of football to students, schools and communities and the safety record of school-based football.
The promotional efforts have begun to be rolled out; game rule modifications are being investigated; and four proposals for changing football practice policies have been prepared. They will be the topic of our next posting.