By Staff
Enough is enough. After eight long years and not one win, the Michigan High School Athletic Association (MHSAA) should practice the good sportsmanship it preaches and give girls the equal opportunities they deserve. Last Wednesday, just after the Sixth Circuit ruled for the second time that MHSAA discriminates against young women and violates the Constitution, Title IX and state law by scheduling girls' sports in off seasons, MHSAA defiantly vowed to ask the full court to rehear the case. The law and the facts are stacked against MHSAA, but it refuses to end its discrimination and do what is best for the girls of Michigan.
In light of MHSAA's vow to ask the full Sixth Circuit Court to rehear the case, we appeal to you to write about why MHSAA's prolonging of this battle is bad for girls and Michigan schools.
Following are some of the facts:
There is no question that MHSAA is discriminating against girls and violating the Constitution, Title IX and state law. The district court and the Sixth Circuit (twice) ruled against MHSAA. The association now is simply stalling and asking the Sixth Circuit to rehear the case on a technical legal question that does not relate to whether the scheduling of girls' sports in non-traditional seasons is discriminatory.
Schools are required by law to provide equal educational opportunities for boys and girls. Scheduling only girls' sports in non-traditional seasons violates the law and hurts girls' opportunities to obtain college scholarships and reach their potential as athletes.
MHSAA is the last state in the country where the major girls' sports (basketball and volleyball) are played in non-traditional seasons. At one time, several states around the country scheduled young women's sports in off seasons. All have settled cases or voluntarily decided to treat girls the same way they treat boys and allow them to play sports in the appropriate seasons.
This case began in 1998 when Communities for Equity sued MHSAA for scheduling six girls' sports – and no boys' sports – in nontraditional seasons, resulting in significant harm to girls. For example, because they are scheduled to play volleyball in the winter, Michigan girls can't play club volleyball due to MHSAA-imposed restrictions on dual participation. As a result, girls lose out on valuable skill-building opportunities, as well as opportunities to be recruited by college coaches at club events.
After trial in 2001, the district court held that MHSAA's scheduling of girls' seasons violated Title IX, the United States Constitution and Michigan state law. The Sixth Circuit in 2004 upheld the district court's decision on the constitutional claim, finding it unnecessary to rule on the Title IX or state law issues. MHSAA appealed to the U.S. Supreme Court, which last year remanded the case back to the Sixth Circuit and asked the Court to consider whether girls can sue under the Constitution in addition to Title IX.
Even after repeated decisions in the girls' favor, MHSAA has continued to appeal, which has denied countless numbers of Michigan girls the opportunities they deserve. It's high time for MHSAA to stop stalling and ensure equity for all students in its athletics programs.
The National Women's Law Center (www.nwlc.org) has been involved in nearly every major Title IX case since the law passed in 1972. The Center served as of counsel to Communities for Equity and participated in the District Court Trial.