Our Drop in the Ocean
December 18, 2015
It has been difficult, recently, for us to get too worked up over the complaints submitted to this office about officials’ calls, coaches’ decisions, students’ ineligibilities and tournament times and venues. All of this seems petty in light of the terrorism in Paris and other places, and the worldwide refugee crisis as innocent people flee from atrocities in their homelands.
Try to imagine the pain in Paris and other places of recent mass execution. Try to imagine the horror that refugees have faced in their native countries and their ongoing agony in the camps that contain them for years while more “civilized” nations struggle politically and economically with decisions that define their humanity.
But now, as often before, we remind ourselves that the job we are paid to do requires our focused attention and best efforts as we try to make our small niche in the world of sports – our drop of water in the ocean of the world’s concerns – a little bit better each day.
And also now, as often before, we try to interpret how the worldwide human condition affects us and might be affected by us. Affects us, for example, with the need to improve tournament venue security. Is affected by us, for example, by delivering programs that help create in young athletes those qualities that will make them good citizens of their future world – adults who are respectful, tolerant and compassionate.
When I traveled in Northern Africa recently, I encountered immense admiration for the United States – what our hosts always referred to as “America.” People elsewhere look past the shallow or spiteful political rhetoric of our so-called leaders and candidates for leadership to see a disciplined freedom exercised by the citizens of our country that is still, in spite of our shortcomings, the world’s best hope for peace and prosperity.
This country is unique in the world. And school-sponsored sports exist in this country like no other place on earth. There just might be a connection. Which is why – even when the world’s problems seem too large for us to impact – by doing our best every day to deliver these programs, we actually may be performing a vital role.
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.