Making a Statement
June 17, 2015
Amid the horrific destruction of Baghdad, the conductor of the Iraqi National Symphony Orchestra, Karim Wasfi, is making a statement. Mr. Wasfi has been carrying a chair and his beloved cello to the exact locations where violence occurs, very shortly after it occurs, and he plays.
With the roar of car bombs still ringing in ears and rubble still smoking, Wasfi plays. He told National Public Radio: “The other side chose to turn every element, every aspect of life in Iraq into a battle zone. I chose to turn every corner of Iraq into a spot for civility, beauty and compassion.”
The response of this single citizen to the catastrophic chaos in his city and country is especially powerful because of the beauty of his music amidst the brutality of civil war; but neither his gift nor the jolting juxtaposition should cause us to miss the message that our response to overwhelming problems could be and should be like his, even if less newsworthy from the perspective of a national radio broadcast. For example ...
- We can wring our hands in despair that the Earth’s increasingly polluted air, land and waters are so far gone and the problem is of such great scale that nothing we could ever do will change things; or, we can choose to turn every corner of our little slice of the physical world into a less polluted place. We can make a statement.
- We can weep over the slaughter of elephants, the leveling of mountains or the razing of forests or jungles by crooks or corporations that cannot see the consequences of their reckless avarice; or, we can choose to make our neighborhoods spots of beauty, conservation and sustainability. A statement.
- We can cry ourselves to sleep over humanity’s inhumanity to those who look, dress or worship differently; or, we can choose to make our little community a welcoming place for refugees where long-suffering and persecuted people can feel safe and hopeful. A statement.
- And we can become frustrated that the values of school sports are so regularly undermined by the excesses of youth, college, professional and international sports that it feels hopeless to hang onto what we believe; or, we can choose to devote ourselves to maintaining our little niche of the sports world as a more principled place ... where scholarship, sportsmanship, safety and a sensible scope are recognizable and reliable core values. A statement.
The great conductor carrying his chair and cello to the rubble is real. It’s also a metaphor which reminds the rest of us of other daunting problems and the opportunity each individual person has to make a meaningful response – a clear statement – where we live, work and play.
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.