Editor’s note: This commentary is by Ed Adrian, who is a member of the Vermont Commission on Women. His views expressed in this commentary are his alone and do not necessarily represent the views of the Commission. This commentary was originally adopted from Ed’s legal blog, Freedom and Ethics, entitled SCHOOL LAW – Statutes and Regulations and Rules and Guides OH MY!: And the Reproductive Cycle of the Seahorse.
On Friday the 18th of October, the Burlington High School girls soccer team, the Seahorses, were “yellow carded” after midfielder Helen Worden (my neighbor by the way) scored a goal in the last regular season game. Four of the team members then took off their jerseys to reveal #EqualPay T-shirts, developed in coordination with Change The Story Vermont a local advocacy group focused in part on eliminating the gap in pay between men and women who do essentially the same jobs. (Disclosure, I am involved with the Change the Story subcommittee “Champs for Change” in my capacity as a commissioner on the Vermont Commission on Women).
The Seahorses’ story has been told over and over, by Vermont news including VPR, VTDigger, The Burlington Free Press, and Seven Days, on Good Morning America, and on regional media such as NECN and the New York Daily News. The story caught fire and was national media also covered it including NPR, People Magazine, NBC, CNN, CBS, The Hill, USA Today, The Today Show and even Fox News. The viral sensation extended to international coverage at The Guardian and The Daily Mail; a Twitter Campaign by Secret Deodorant; Luna Bar; and shout-outs from Billie Jean King, U.S. Women’s Player Brandi Chastain and even Hillary Clinton.
I’m not going to attempt to rehash the story that so many other sources have done so well. But I did want to take a moment to look at things from a legal perspective.
The Vermont Principals’ Association (VPA) is the regulatory body charged with the oversight of school sports in Vermont. The VPA has adopted the 2019 Girls and Boys Soccer Guide. The soccer guide is only four pages, but Section II(A) states “the current issue of the National Federation Soccer Rules shall be the official playing rules for the interscholastic soccer among member schools in the State of Vermont, except as varied by the Vermont Soccer Guide.”
Curious, I of course went looking for the National Federation [of State High Schools Association] Soccer Rules only to find that they are a bit longer then the VPA Soccer Guide, clocking in at 320 pages. Yes, 320. And here’s what I found out: Rule 4.1.2h of the NFHS soccer rules book, states “only those names, patches, emblems, logos or insignias referencing the school are permitted on the team jersey and/or shorts, as well as visible undergarments and goalkeeper pants, except as in 4.1.1e. The player’s name may also appear on the team uniform.” Rule 4.1.1e provides that “One manufacturer’s logo/trademark or reference is permitted on the outside of each item.” To recap, international branding is allowed, local messaging, no matter how worthy the cause, is not. This is likely because a school district would need to be the final arbiter of what constitutes a “worthy cause” and that’s undoubtedly an area that schools would prefer not to wade into.
News reports indicate that the Seahorses were yellow-carded based on excessive celebration. Rule 12.8.1(c) Situation B states that “[d]uring the match, [a player] after scoring a goal, [the player] celebrates excessively. RULING: “caution [player] for unsporting conduct.” Rule 18, Article 1(c) states that a cautioned player is “[a] player notified by an official that his/her activities are not in the best interests of the contest. Such player must be shown a yellow card and shall leave the field and may be replaced.” (Emphasis added).
In the ensuing confusion, the four players were evidently all removed from the field and the other team scored.
Here’s where the over-legalization of things like high school sports gets complicated. One could easily argue that based on the message, the intent of the players, and the referee’s later actions (set forth below), the players’ actions WERE in the best interests of the contest and the referee’s decision should be overturned (I haven’t looked into appeals of decisions yet, but suspect that they are decided by the VPA). I haven’t seen that argument made as of yet. But then of course, it would have been unlikely that any of this would have made the national and international news.
I hope that we will achieve equal pay here in Vermont and the U.S., sooner rather than later. According to a soon-to-be-released report from Change The Story, the median annual income for Vermont women working full time is $41,146, about $8,000 less than the median annual salary of men ($49,027). This translates into a gender wage gap of 16% – or 16 cents on every dollar earned by a man. Based on the trendlines, the gap isn’t fading away any time soon, especially for women of color and women with disabilities.
Change The Story’s new report describes the ways that primary responsibility for child and elder care, where women work, and declining union membership all contribute to lower earnings for Vermont women working full time.
No wonder we’re seeing this next generation taking action – they’re demanding equity in their lifetimes. Until we get there, we can expect more acts of civil disobedience, like the one that earned the Seahorses both their yellow cards and the widespread praise they deserved. Let’s hope that theirs is just one of many future examples from all levels and people of all genders.
And those seahorses, the ones that you know, live in the actual sea? What about them? Well they are one of the few species where the male “births” and cares for the young, thereby sharing in the responsibilities with the female seahorse. And isn’t that the perfect metaphor for equal pay and equality in general?
