North Carolina Boy Wants Tryout for Girls Softball Team

Josh Godbold is in an odd position — the 8th grader desperately wants to obtain some experience so that he can have a shot at trying out for a high school baseball team next year. There’s only one problem. The middle school Godbold attends has a girl’s softball team but no boy’s baseball team — and the school and state law forbid him from trying out for the team.

Although there are a few hundred female athletes playing on boys teams in North Carolina, where Godbold live, Title IX has never been interpreted by courts to allow boys to participate in girls sports, even in cases such as Godbold’s where the school does not offer an equivalent boys version of a girls sport.

NewsObserver.Com notes that North Carolina relies on a 1994 interpretation of Title IX written by the then-director of the Southeast regional director of the Office for Civil Rights for the U.S. Department of Education. In language that is purely Orwellian, that interpretation maintains that,

For example, a male may not argue that his opportunities to play on a female volleyball or softball team have previously been limited because his school has never offered these sports for males. … Overall athletic opportunities for males are not limited because, at a particular school, females may be permitted to try out for all teams while males may not try out for female teams.

Godbold’s father, Ricky, offered a much more common sense interpretation of fairness saying, “He’s being discriminated against playing a sport because he’s a boy. If a girl has a chance to try out for any sport at a school, he should, too.”

Laws to alleviate sexual discrimination should, at a minimum, be symmetrical when it comes to sex — if it is wrong to sexually discriminate against women in a given situation, it should also be wrong to sexually discriminate against men in a similar situation. Godbold should be allowed to try out for the softball team.

Source:

Girls’ team only option, boy says. T. Keung Hui, NewsObserver.Com, February 15, 2002.

Male Coach Wins $1.6 Million Lawsuit Against Smith College

In 1996, Smith College — an all women’s college that pioneered women’s sports, including holding the first women’s intercollegiate basketball game in 1893 — fired its basketball and soccer coach, Jim Babyak. In December, Babyak was awarded $1.6 million by a jury that agreed with his claims he had been fired because of his sex and age.

Babyak had received good performance evaluations through 1995 and helped build Smith College’s athletics into an extremely successful program. In 1996, when he was fired, the basketball team set a school record for victories and the soccer team won its sixth conference championship.

But Babyak was fired because, he claimed, official at the small college wanted a female coach. The college claimed that he tried to forced his student athletes to give him favorable reviews. He did so, according to the school, buy offering team captain positions to students in exchange for good reviews, and threatening to cancel a trip to San Antonio if his athletes did not give him good reviews.

The college’s case was undermined, however, by the facts. Babyak did not choose team captains, for example, but rather captains were chosen by a vote of the team members. Although the college maintained that Babyak had attempted to manipulate and bribe student athletes at a meeting, they admitted in court that they never even tried to interview an assistant coach and an athletic trainer who were at the meeting in which these untoward events allegedly took place.

Babyak insists that he does not want to become some sort of symbol, nor does he want his case to detract from any of the gains that female athletes have made, but he adds a commonsense bit of advice,

I’m trying to look at the positive side. Women have been struggling for equality for a long time. But once you reach equality, you have to treat people in kind. You can’t treat people as you have been treated in the past.

Source:

Smith bias case brought justice, ex-coach says. Ralph Ranalli, Boston Globe, December 20, 2001.

Islamists in Kuwait Call for End to Women’s Football

The BBC reports that Muslim extremists in Kuwait are slamming a proposed women’s football tournament being organized by Kuwait University.

Abdullah al-Mutawa, head of Kuwait’s Muslim Brotherhood, said that the tournament would represent disobedience to God.

Conservative Member of Parliament Walid al-Tabtabai agreed, adding that allowing women to play such sports would “abuse the chastity and dignity of women and imitate western society.” During last summer’s Olympic games in Sydney, Australia, Al-Tabtabai had called for a ban on televised broadcasts of women’s sporting events because they showed women’s bodies in an indecent manner.

One of Kuwait’s leading women’s activists, Rola al-Dashdi, urged the government not to accede to the demands of the Islamists.

Source:

Whistle blown on women footballers. Caroline Hawley, The BBC, April 8, 2001.

Will the Heather Mercer Case Help or Harm Women?

When Heather Mercer won a $2 million judgment from Duke University, it was hailed as an important victory for women’s athletics. Instead it will likely shut the door for women who want to follow in Mercer’s footsteps.

Mercer wanted to be a kicker for Duke’s football team. She was given a tryout by the coach, but since her range was about 35-yards in practice, while a Division I school needs someone who can kick 45-yard field goals during a game, her coach cut her.

Mercer sued and a jury agreed that she had been discriminated against based on her sex. So why isn’t this a clear victory for women?

Because of the provisions of Title IX as they apply to sports. Under Title IX, if a school doesn’t have a women’s team in a given sport it must allow women to try out for the men’s team, with one important exception — contact sports are exempt from this rule.

That’s right, the current law is that if you allow a woman to try out to be a kicker on the football team and then cut her, she could potentially sue the university for sex discrimination as Mercer did. If you just tell the woman point blank, sorry football is a contact sport and the university doesn’t allow women to try out for such teams, the student has no recourse whatsoever.

The federal appeals court that allowed Mercer’s case to go to trial explicitly upheld the contact sports exemption writing, “we hold that where a university has allowed a member of the opposite sex to try out for a single-sex team in a contact sport, the university is, contrary to the holding of the district court, subject to Title IX and therefore prohibited from discriminating against that individual on the basis of his or her sex.”

The obvious reaction from universities seeing what happened in the Duke case will be to institute policies, either written or informal, to refuse try outs to women who want to participate on a men’s contact sport team.

In the end, Mercer’s legal victory will end up diminishing rather than enhancing women’s sports opportunities.

Source:

Sidelined! Kimberly Schuld, The Women’s Quraterly, Winter 2001.

Mercer v. Duke University. United States Court Of Appeals For The Fourth Circuit, No. 99-1014, Decided: July 12, 1999.

Are You Ready for Some (Women’s) Football?

It did not make much of a splash, but in mid-October the Women’s Professional Football League (WPFL) began play with 11 teams around the country. Believe it or not the WPFL isn’t the first attempt to kick off a women’s football league — in 1965 a professional women’s league was formed in the Ohio area, and in 1974 the National Women’s Football League formed and managed to hang out until the early 1980s.

Will women’s football ever catch on? Yes and no.

No it will never be even close the men’s version, if only because the market is already saturated with college and professional football. While there are some women who are talented enough to play positions such as kicker for men’s teams, I seriously doubt anyone could put together a women’s professional team that was on par with even a Division I football team.

On the other hand yes. Football diehards just can’t get enough and there are semi-professional football leagues and teams throughout the nation. These are people who are typically college players who weren’t good enough to play professionally but love the game and play it in a very organized setting for the enjoyment and pride they take in it.

I think a women’s semiprofessional league could certainly take off; I know I’d go to watch it just like I turn out for the men’s semiprofessional teams in the area. There’s just something about people putting on pads and hitting each other that is uplifting to the human spirit.

Source:

A League of Their Own. Dan Harris, ABCNews.Com, October 15, 2000.

Woman Suing Duke After Getting Cut by the Football Team

The Associated Press has a story about testimony in a lawsuit brought by Heather Sue Mercer against Duke University. It seems Ms. Mercer tried out for the football team as a walk-on kicker. She was given a 20-minute tryout by coach Fred Goldsmith who testified he cut her because she wasn’t good enough.

One of the kickers who made that team testified that in her tryout, Mercer’s field goal range was limited to about 35 yards. Such a limited range would prevent any kicker, male or female, from making a college football team at a decent university (Duke’s then-starting kicker hit several from 45+ yards, including one from 50 yards).

Goldsmith testified,

She was evaluated like a man would have been. I decided to judge her like a man who was not making a contribution to the team.

He also added that he admired her for trying out and offered her a manager position which she turned down.