A Rite of Spring
March 21, 2015
It is inevitable in March, as predictable as May flowers after April showers, that the weeks of District Basketball Tournaments will bring criticism, and calls to seed those tournaments so top ranked teams don’t face one another in early round games.
The MHSAA’s tournament has been unseeded for 90 years; and while we should never be slaves to the past, we should always be respectful and appreciate that smart people of previous generations had many of the same discussions we are having today; and they determined that the blind draw was best.
While the preference for the blind draw has prevailed in recent years, the almost addictive attention of the media and public to the “bracketology” of NCAA basketball tournaments appears to have improved the chances that some form of seeding will eventually be applied to the MHSAA Basketball Tournament and, in doing so, join a half dozen other sports for which the MHSAA employs at least a limited seeding plan for at least one level of those tournaments.
The challenge before us is not intellectual – seeding tournaments is not rocket science. No, the challenge is political – forming consensus for a plan that does not lead to extra travel and expense for participating schools, and that can be easily understood and simply administered at multiple sites. We are talking about 256 District tournament sites – 128 each in the Girls and Boys Basketball Tournaments. The problems and pitfalls of seeding tournaments of this magnitude are nothing the colleges have tried to tackle.
And no one should be deluded that seeding is a “no-brainer” that “everyone supports.” That is not accurate. There are many people who enjoy the fact that there are top-notch matchups every night of the District tournament weeks, and not all delayed to the nights of District finals. And there will be little enthusiasm from poorly seeded teams which are forced to drive past a closer opponent to get clobbered by a more distant opponent.
While postseason tournaments are the MHSAA’s “bread and butter” program, tournament seeding is not a defining or fundamental issue of educational athletics that requires our urgent or concentrated attention. Promoting participant health and safety, for example, demands much more attention. I’m not opposed to seeding; I just don’t give it the same importance as so much else we are challenged to do.
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.