There have been some stories running in the news in recent days that have gotten some to perk up their ears and yell “discrimination!” while others are rolling their eyes telling them to get over themselves. So this week– let’s open up this slimy bag of worms, shall we?
STORY: A high school volleyball player and honor student, Mackenzie McCollum, is claiming discrimination for being benched due to her pregnancy.
DETAILS:
(1) MacKenzie confided in her coach that she was pregnant
(2) The coach and the administration apparently asked for a doctor’s note, clearing her to play.
(3) In her absence, the coach allegedly told the team about the pregnancy, a violation of her privacy.
(4) Once the note was handed to the coach, the coach reportedly wasn’t allowing Mackenzie McCollum to play to the same degree as she did prior to the pregnancy. He cut the amount of time she played and wasn’t starting her as he typically did.
(5) McCollum’s mother, Barbara Horton, has filed 4 complaints against the district in her daughter’s defense, alleging that the school discriminated against Mackenzie “on the basis of her sex and retaliated against her.” There is now a government investigation of the case as it has been connected to Title IX, a federal law that prohibits discrimination due to gender, citing violation and gender discrimination. According to Mackenzie’s mother;
“My goal is for them to change their policies to include pregnant athletes,” Horton said, “to nurture pregnant athletes, and to make sure that these athletes are successful.”
(6) The Fort Worth Independent School District, which asserts that it is only concerned with the health and safety of McCollum said to ABC News:
“The Fort Worth Independent School District is restricted by law from discussing specific cases involving students. However, we believe our foremost concern through the entirety of this episode has been for the safety and the rights of the student. We strongly contend neither the student’s rights, district policy, state or federal law has been violated.
(7) Mackenzie wanted to continue to play to same degree she did prior to her admission to her coach that she was pregnant.
THE QUESTION
Now, I know many of you are currently reading this and thinking, “that girl shouldn’t be pregnant!” But, of course, the morality of her sexual activity isn’t being debated right now. The question is; is this gender discrimination? It’s hard to say exactly, when, of course, boys can’t be pregnant. This is wholeheartedly, a woman’s situation. One can’t say, if this was a boy, would the coach have done the same thing?
Title IX:
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance…”
The Women’s Law Center is involved and fighting on behalf of McCullum as her rights as a pregnant girl were violated. There is no question that she was indeed being treated differently because she was pregnant– I mean, that much does seem obvious. So in that way, one can say that there was discrimination involved– even if the coach had the best of intentions. Of course, as far as gender discrimination– well, Title IX is really typically used in sports (even though it wasn’t written for sports in particular) when girls are shortchanged on playing time, playing space, and playing opportunity when compared to the boys. Is that what’s happening here? It doesn’t seem to be. McCullum and those involved have suggested that we look at pregnancy as a disability– something I surely wouldn’t like to do– in order to show she was wronged. But even if we do look at pregnancy as a disability, I don’t see how that connects with a Title IX violation of gender. Do you? Maybe because pregnancy is a female situation, it immediately makes it a gender issue?
One last thought– Might we wonder if the coach indeed put her in and something happened to her or the fetus at the time of play, would the coach have been pounced on for child endangerment? Schools have a tough road. I’d like to hear your thoughts here or on FaceBook. Fair or Foul Play?
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I think that it’s Mackenzies choice whether she wants to play or not. But she shouldn’t be treated any differently than all her team mates.