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Sections in this issue outline (in order):
1. What they said. 2 The issue at a glance. 3 Background. 4 Internet information links. 5 and 6 Arguments for / against. 7 Further implications on this issue. 8 Newspaper items used in the compilation of the outline.
2003/12: Should girls over 12 be able to play football in mixed competition?
What they said ...
'It's about whether three able-bodied teenagers can be excluded just because they are girls'
Victorian Civil and Administrative Tribunal (VCAT) president Justice Stuart Morris
'A 14 or 15-year-old boy could cause enormous damage to a young girl whose body is going through huge biological changes'
Margaret Raffle, letter writer to The Age
The issue at a glance
On July 25, 2003, Justice Stuart Morris of the Victorian Civil and Administrative Tribunal granted an interim injunction against a ban that had prevented three teenage girls playing out the season with their football clubs and possibly competing in the finals.
With just four home-and-away games left in the season, the judge's ruling allowed Penny Cula-Reid 15, Emily Stanyer 15, and Helen Taylor 14, to rejoin their all-male teams.
The Victorian Civil and Administrative Tribunal will bring down a final ruling in November.
Background
The three girls had been barred from playing since June 1, 2003, after Football Victoria ordered the Moorabbin Junior Football League to exclude them. Their teams had previously disregarded the rule banning girls over 12 playing in male football teams.
Justice Stuart Morris ordered that the girls should be allowed to play out the season and play in the finals should their teams secure a place.
Victoria Football has strongly defended its regulations prohibiting girls over 12 playing against boys. The Victorian Law Institute, on the other hand, has suggested that Victoria Football's position is discriminatory and is not clearly supported by the Equal Opportunity Act 1995.
Internet information
Section 66 of the Equal Opportunity Act 1995 (Victoria) outlines the grounds under which various groups of people can be excluded from particular types of sporting competition.
The full text of this section can be found at http://www.austlii.edu.au/au/legis/vic/consol_act/eoa1995250/s66.html
Victoria Football's regulation limiting female participation in mixed football teams to 12 can be found at http://www.footballvic.com.au/pdf/policies/FemaleParticipationReg.pdf
Victoria Football's risk management policy can be found at http://www.footballvic.com.au/pdf/policies/RiskMgmntPolicy.pdf
Victoria Football's announcement of its intention to set up a separate competition for girls aged between 12 and 16 can be found at http://www.footballvic.com.au/vfdf/gfooty_body5.html
On July 11, 2003, the ABC's Stateline program looked at Victoria Football's ban on girls over 12 playing in mixed sex teams. A full transcript of this program can be found at http://www.abc.net.au/stateline/vic/content/2003/s900409.htm
The AFL website includes the rules of the game, including how they effect player safety. These rules can be found at http://afl.com.au/default.asp?pg=aboutthegame
Arguments in favour of girls being able to play football in mixed competition
1. If a girl has the ability to hold a place in a team she should be able to play
It has been argued that any girls selected in a mixed football team will be selected on merit, therefore, irrespective of gender, those who have the best skills should secure a place.
Penny Cula-Reid's mother has made this point. Ms Cula has stated, 'What [Victoria Football has] to realise is that they are football players first and their passion and their skills and their stamina and their agility and their ability out on the field should speak for itself and gender should not be an issue.'
Emily Stanyer's team-mate, Andrew Gribbin, has stated, 'She's one of our best players, put it that way. Every week she's always trying as hard as she can and she's pretty good.'
Oakleigh Dragons club president Peter Tunik has similarly said of Helen Taylor, 'She plays well. There was no need for her to be looked after or anything like that. She played football well enough to be in the side.'
2. Male competitions are the only football available to girls between 12 and 17
Felicity Hampel, SC, made this point before the Victorian Civil and Administrative Tribunal's discrimination arm. Ms Hampel stated that there was no female-only league for girls aged 12 to 17 to play in.
ABC reporter, Sally Roberts, made a similar point during a Stateline program telecast on July 11, 2003. Ms Roberts said, 'There is nowhere for girls to continue to play between the ages of 12 and 17. After that age they can be selected in the women's league.'
Ms Roberts's statement was not completely accurate as girls from 12 upward may play in the women's football league. What is concerning to supporters of girls football is that these young girls excluded from male competition at 12 would then have nowhere to play other than against adult women. It has been claimed that the physical difference between a fit young woman of 22 and a girl of twelve is likely to be greater than that between a girl and a boy of 13. According to this line of argument, there is no age appropriate competition for girls that does not involve them playing against boys.
3. The girls and their parents should be able to choose if they wish to take the risks associated with playing mixed football
Emily Stanyer's coach has stated, 'The club's behind her, I'm behind her and I think if the parents are willing and allowing them to play I don't see why there's any reason why she shouldn't be allowed to play. I mean it's a parents' decision, at the end of the day, and if they're happy for Emily to go out against boys, well, I'm all for it really.'
Emily Stanyer has claimed, 'Until we're ready, that we can say, "Oh nah, I don't feel like playing footy any more", it's our decision to play.'
In a letter published in The Age on July 30, 2003, Alan Archer stated, '[Give] the girls ... credit for being able to make a judgement about their own comparative physical ability and skill...The argument about equal opportunity in our community has already been had. What we are seeing here is the playing out of a drama where another institution is having its old values fairly questioned.'
4. The current rules protect both male and female players from unfair tackles
The regulations governing Australian Rules football are meant to ensure that the game is played without undue risk of injury to players.
The rules state, 'The basic skills are kicking, marking and handballing and umpires ensure that the transfer of the ball by the use of these skills occurs fairly.'
It is argued that inappropriate tackles are as much a risk to boys as they are to girls. It is further argued that the code of the game and the role of umpire is in part designed to ensure that the game is played without players being likely to be injured through the deliberate actions of other players.
5. Allowing girls to play against boys sends a positive message to all young women
Ms Cula has stated, 'Hopefully it will pave the way for any female over the age of 12 that wants to play football and just give other girls the confidence to play.'
Penny Cula-Reid has stated, 'This shows you can achieve something if you put your mind to it and have a lot of support behind you. I think you should go for it. Anything can happen.'
It has further been claimed that prohibiting girls from playing will damage their confidence.
In statements to the Equal Opportunity Commission, on file at VCAT, each of the girls' parents says the three are embarrassed, disappointed and have lost self-esteem since being banned from playing football.
One of the girl's parents said further of his daughter, 'Moreover, she is left with a feeling of inadequacy and extreme frustration at being prevented from contributing to a cause which has meant so much to her for a number of years.'
6. The Equal Opportunity Act 1999 allows Football Victoria to ban some girls older than 12, but not all
The Equal Opportunity Act 1999 (Victoria) states, A person may exclude people of one sex from participating in a competitive sporting activity in which the strength, stamina or physique of competitors is relevant.'
Critics of Victoria Football's total ban claim that this provision of the Act allows some girls to be excluded on the basis of 'strength, stamina or physique' but it does not justify a total ban. They claim that where a girl meets the physical requirements she should be able to play.
It is claimed that this interprpration is strengthened by the next provision of the Act that states, 'A person may restrict participation in a competitive sporting activity ... to people who can effectively compete'.
Bill O'Shea, president of the Law Institute of Victoria, has made this point. Mr O'Shea has stated, 'It seems to me that it is over the top for a football code to promulgate a regulation banning all girls over 12 when the Act doesn't really say that. All the Act says is that you would not be discriminating by excluding girls over the age of 12. But that's quite a different thing from imposing a blanket ban on all girls over the age of 12. That, to me, smacks of discrimination.'
Mr O'Shea has further stated, 'Parliament has laid down laws and the courts are there to enforce the law and if the courts believe that these girls are being discriminated against because they do have the necessary strength, stamina and physique to play Australian Rules football then the VCAT can order that, for example, when selecting these girls to play the club should ignore the gender of the girls.'
Arguments against girls being able to play football in mixed competition
1. Playing football against girls sends a confusing message to boys as to how they should treat women
This point as been made by Rafael Kaplan in a letter published in The Age on July 28. Mr Kaplan states, 'If mixed teams are allowed for kids past puberty, you're forcing the boys on those teams into a very uncomfortable position. They'll be forced to grab and tackle girls in the same way they would grab and tackle boys. Is society to send the message that boys grabbing girls around the breasts and hurling them to the ground can be acceptable behaviour? Are we going to tell the boys that off the field, an inappropriate comment is a serious thing - but on the field, groping the gilrs is fine?'
2. Playing football against girls will inhibit boys' playing style
This point has been made by Cherie Stronghills in a letter to the editor published in The Herald Sun on July 21. Ms Stronghills states, ''When girls want to play football with the boys, it's obvious the boys aren't going to tackle as hard, or play as rough as they would otherwise.'
One of Penny Cula-Reid's opponents has claimed, 'You find yourself holding back from bumps and tackles because you don't feel right doing it.'
A similar point has been made by Melbourne High's under-15s coach, Nick Orchard, who has stated, 'Some of the boys are a bit hesitant with a girl out there and don't go in with the same amount of vigour.'
Critics claim that many boys would thus curb their natural playing style and the result would be a less exciting competition and an unfair handicap being placed on boys who were playing against girls.
3. Girls are at a physical disadvantage and are at greater risk of injury in mixed competition
Counsel for Football Victoria and the Moorabbin Saints Junior Football League, Richard Nile, said the rule was based on proven differences between boys and girls in "strength, stamina and physique" over the age of 12.
L.W. John in a letter published in The Herald Sun on July 31 stated, 'I have seen very competitive women kick and mark a footy and otherwise play a good game, but to put them into competition against big, tall, 90 to 100kg fellas is a recipe for disaster.
The female physique cannot stand up to hard hitting and the muscular, physical game of men's footy.'
Margaret Raffle made a similar point in a letter published in The Age on July 28. Mrs Raffle stated, 'If girls play "mixed" football, then it must be assumed that they take the field with equal status and therefore are open to the same physical contact as the boys. A 14 or 15-year-old boy could cause enormous damage to a young girl who's body is going through huge biological changes.'
4. Having girls play football against boys could lead to litigation
Anthony Barrett in a letter to the editor published in The Herald Sun on July 23 suggested that the differences in physique, physical strength and stamina would mean girls were far more prone to injury. 'These girls and their parents will be the same ones suing the league because their daughter gets a broken jaw or some other injury,' Mr Barrett has claimed.
L.W. John in a letter published in The Herald Sun on July 31 made a similar point. 'Let the girls mix it with guys, and you can bet your life that the lawyers will try to sue the pants off the league.'
Margaret Raffle made a similar point in a letter published in The Age on July 28. Mrs raffle stated, 'In my view, Justice Morris has made an enormous error of judgement on behalf of young girls - and has possibly awarded yet another huge benefit to the litigation and insurance industries.'
Victoria Football has also indicated that it has concerns it will not be able to get insurance cover if it allows girls to play beyond the age of 12.
5. There are all female football competitions in which girls can play
There is the Victorian Women's Football League. This has been functioning since 1981 and now operates three divisions, with clubs throughout Melbourne, Geelong and Ballarat. It is open to girls and women from the age of 12. Those younger than 18 need parental permission to play, and girls under 14 must wear a helmet and shin guards.
Because there have been concerns expressed about young girls playing against women who are much older the VWFL and Football Victoria is now planning a new league for girls aged 12 to 16. This would act as a feeder competition for the women's league.
6. Football Victoria's regulations allow them to ban girls over 12 from playing
The Policy of Football Victoria on female participation is as follows: 'In accordance with the Equal Opportunity Act 1995 (Vic.) females aged under 12 years of age cannot be excluded from participating in Australian Football competitions conducted by FV Member bodies.
Pursuant to section 66 (1) of the Act, females aged 12 and over can be excluded from participating in competitive sporting activities in which the participants' strength, stamina and physique are relevant.
FV Affiliated Bodies will exclude females who reach 12 years of age.
FV Member Bodies may seek FV Board approval to allow females who reach 12 years of age during a given playing season, to complete playing for the remainder of that season only.'
Supporters of the ban claim the ruling is quite unequivical - FV Affiliated Bodies will exclude females who reach 12 years of age. The further claim that this ban is alloed under the Equal Opporetunity Act 1995.
Further implications
It will be interesting to see what decision the Victorian Civil and Administrative Tribunal brings down in November. As the Law Institute of Victoria has indicated, it is possible to interpret the Equal Opportunity Act 1995 in a way which would make the blanket ban imposed by Football Victoria on girls over 12 playing mixed gender football illegal, however, this interpretation is not the only one possible.
The potential issues surrounding insurance cover are likely to further complicate the question. Insurance difficulties have had a major impact on many leisure industries Australia-wide and this may well be a further instance of insurance problems threatening the viability of a leisure activity.
The heat may well go out of the issue now that Football Victoria plans to institute a competition specifically for girls between 12 and 16.
Sources
The Age
26/7/03 page 1 news item by Steve Butcher, 'Footy girls win a level playing field'
28/7/03 page 3 news item by Julie Szego, 'After the legal all-clear the girls let fly'
28/7/03 page 12 letter from Margaret Raffle, 'There is no level playing field when it comes to gender'
28/7/03 page 12 letter from Rafael Kaplan, 'What's fair for girls may not be for boys'
30/7/03 page 12 letter from Alan Archer, 'Don't patronise these footy girls'
31/7/03 page 12 letter from Chyloe Kurdas, 'The girls' game'
The Herald Sun
21/7/03 page 17 letter from Cherie Stronghills, 'All-girls footy league'
23/7/03 page 19 letter from Anthony Barrett, 'Too tough for girls'
25/7/03 page 11 news item by Elissa Hunt, 'Football girls call "umpire"'
26/7/03 page 2 news item by Leela de Kretser, 'Footy girls can play on'
28/7/03 page 3 news item by Shaun Phillips, 'Girls' field of dreams'
28/7/03 page 18 editorial, 'Good for footy'
30/7/03 page 13 news item by Shaun Phillips, 'Champ can't score game'
30/7/03 page 18 letter from Jeremy Peet, 'In favour of women'
31/7/03 page 19 letter from L.W. John, 'Girl footy a lawyer's gift'