Boy denied chance to compete on HS girls gymnastics squad

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bigpern23

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http://sportsillustrated.cnn.com/2006/highschool/11/30/lawsuit.ap/index.html?cnn=yes

The courts couldn't force the Wisconsin Interscholastic Athletic Association to let him play because it is not an arm of the state government.

The WIAA should have done the right thing, though, and let him play. His school didn't have a boys team, so he wanted to compete with the girls. The WIAA should have wiped its rule that boys can't compete on girls teams off the books.

It also should have made him wear the unitard, like boys who play on field hockey teams have to wear the skirts. :)
 
Does this have something to do with gender, or with the fact that boys' gymnastics (floor w/no music, pommell horse, vault, rings, high bar, p-bars) has very different requirements from girls' gymnastics (floor w/music, parallel bars, beam, vault)? I mean, he sued based on Title IX and they denied him based on a WIAA rule, but if it were a different sport with the same rules for each team, I think he would have had a much better case.

Now if he's campaigned for the right to be able to compete alongside them at meets where there would be boys' teams to compete against, I'd buy that. But they're very different sports.
 
I'm a bit confused by this. If the court can rule that the WIAA isn't subject to the court's jurisdiction and Title IX, because the WIAA isn't an arm of the state government, then how are these state interscholastic athletic associations subject to Title IX at all? Let's say the WIAA didn't allow a girl to play a sport and she sued. Would they then rule against her, using the same reasoning?
 
My brief thoughts:

Title IX is about the opportunity to participate. This boy should not have been denited the opportunity to participate. Most Title IX supporters would agree.

WIAA is not subject to legal action if they do not accept federal funding (I don't know if they do or not). The schools, which do, are subject to it. If ever a private school exists which accepted zero dollars in federal funding (even for non-athletic things, such as capital improvements or research grants), it would not be subject to Title IX.

There is the issue that male gymnasts compete in different elements than female gymnasts. It is a legitimate concern. This is where the administrators need to suck it up and get creative. If the male wishes to compete in the traditionally-female elements, let him. If not, figure out a way to score things like the pommel horse in competition.
 
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There is a legal argument that contends that since high school activities governing bodies impact public schools, they are therefore subject to government action.
 
Cadet said:
My brief thoughts:

Title IX is about the opportunity to participate. This boy should not have been denited the opportunity to participate. Most Title IX supporters would agree.

WIAA is not subject to legal action if they do not accept federal funding (I don't know if they do or not). The schools, which do, are subject to it. If ever a private school exists which accepted zero dollars in federal funding (even for non-athletic things, such as capital improvements or research grants), it would not be subject to Title IX.

There is the issue that male gymnasts compete in different elements than female gymnasts. It is a legitimate concern. This is where the administrators need to suck it up and get creative. If the male wishes to compete in the traditionally-female elements, let him. If not, figure out a way to score things like the pommel horse in competition.

No federal funds of which I know. But I find it a bit sad that the same organization allows females to wrestle and celebrates their achievements.

The kid should have been allowed to compete. His school has no boys gymnastics team.
 
The Big Ragu said:
I'm a bit confused by this. If the court can rule that the WIAA isn't subject to the court's jurisdiction and Title IX, because the WIAA isn't an arm of the state government, then how are these state interscholastic athletic associations subject to Title IX at all? Let's say the WIAA didn't allow a girl to play a sport and she sued. Would they then rule against her, using the same reasoning?

Something doesn't seem right here.

In this case, the courts say the WIAA isn't under their jurisdiction.

But in Michigan, courts have ruled that the MHSAA must switch sports seasons (namely girls basketball and volleyball) to comply with Title IX. That case is under several appeals.

But it just seems strange that in one state, the court doesn't take jurisdiction and another, they do. MHSAA doesn't take any federal funds either.
 
A thought: if the WIAA continues to ban this boy from competition (a moot point, since I'm assuming he has graduated), the school or school district should take legal action against the WIAA, because the state association is putting the school at risk for litigation.

The boy should have sued the district, not the state association, because he would have gotten farther. The school district could legitimately be found in violation of Title IX. In turn the district should have applied pressure or sued the association to change its policy. They would have had the backing of other districts once it was realized they were all at risk for litigation.
 
The kid's lawyer will bend over backwards to make sure he is treated fairly.
 
There's a kid in Western Mass. who competes on a girls team and won the all-around last year. (In Western Mass., gymnastics is a fall sport. In Eastern Mass. it's a winter sport).
I can think of three other boys who have competed on girls teams in the past decade and each were among the top performers on their teams. About four or five years ago, there was a boy on a girls team that won the state (winter) championship and he was barred from competing in the New England meet. I remember he was on "To Tell the Truth."
There are still boys teams in this state, but no more than 10 or so. Boys gymnastics seems to be a dying sport. On the high school level, that seems to be true of the girls sport. As Starman points out, competitive cheerleading has put a pretty big dent in that sport's numbers.
 
Any gymnast with serious competitive aspirations joins a club team. High school gymnastics is dying because there are other options for far better training and competition.

Most competitive cheerleaders are gymnastics flameouts who can do rudimentary tricks but are nowhere near elite Level 9 or Level 10 gymnasts, at the very best.
 
micropolitan guy said:
Most competitive cheerleaders are gymnastics flameouts who can do rudimentary tricks but are nowhere near elite Level 9 or Level 10 gymnasts, at the very best.

In other words, the very kids whom high school gymnastics needs for survival.
 

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