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Boy not allowed to compete on girl's gymastics team
Categories: Education
As there isn't a boy's gymnastics team at Stevens Point Area High School, Keith Michael Bukowski figured he'd join the girl's team. But according to the Wisconsin Interscholastic Athletic Association, boy's aren't allowed to compete in girl's sports.
Bukowski subsequently sued the WIAA, arguing that the organization's rule violated both the equal protection clause of the U.S. Constitution, and Title IX -- a law created to prohibit gender discrimination in athletics. Girls commonly use Title IX to in petitioning their high schools to allow them access to boy's football and wrestling teams -- sports for which there is often no female equivalent. Bukowski claimed his case was the same, simply in reverse.
But in a 3-0 decision, the courts ruled in favor of the WIAA. In previous cases, courts have concluded that if boys compete on girls teams, it jeopardizes opportunities for girls. This decision, however, appears to hinge on the fact that Bukowski didn't prove that the WIAA was an arm of the state -- and thus, can not be sued on Constitutional grounds -- nor did he prove that the organization received federal funding -- and thus, Title IX, as it's a federal law, is not technically applicable.
Sounds like the court skipped deciding on the issue at hand and dismissed the case on technical, legal grounds, so I pose the question to you: is this fair? Should he have been allowed to compete?
(Random interesting side note: Bukowski, a junior when filed the suit, has now graduated, and has been hired by the school as an assistant gymnastics coach.)
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Reader Comments (Page 1 of 1)
Christine 11-30-2006 @ 6:41PM
No for the simple fact that women's gymnastics is a completely different sport than men's gymnastics.
Football...wrestling.. male/female = same sport.
This is not the case here.
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punky 11-30-2006 @ 6:22PM
I think he absolutely should have been allowed to join the girls' team and that his school and the WIAA were stupid for blocking him. I don't see how it's different than girls getting on boys' football teams when there are no girls teams for them to play on.
That being said, I think rulings from the original court and the appeal court were probably right on. If it's true that the WIAA doesn't get federal funds and isn't an arm of the state, then it clearly can't be forced to follow federal and constitutional guidelines. No matter how stupid the WIAA is for having that rule, they can't be forced to follow laws that don't apply to them.
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Niki 11-30-2006 @ 9:39PM
You hit it Christene, cause I am thinking not too many boys are all that gung ho to compete on the balance beam!
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Katheryn 11-30-2006 @ 10:44PM
This boy DID want to compete on the girls team though. If it was the other way around everyone would be up in arms for keeping a girl off the boys' team. It should be the same for the boy when there isn't a team for him.
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punky 11-30-2006 @ 10:39PM
What if he was gung ho to compete on the balance beam? Should he have been allowed if he was willing to do the women's events? It's too bad the article doesn't mention that because I think it's an important point, but I find it hard to believe he was expecting to join and compete in the men's events. He wouldn't have anyone to compete against if he did, so what would be the point of joining?
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Christine 12-01-2006 @ 12:31PM
No I still think this is different. It would be too dangerous IMO for a guy to compete on either balance beam or uneven bars for the simple fact that they have external genitals and even a cup wouldnt protect them.
It just isnt the same as a team sport.
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