In a previous paper entitled ‘Beyond Physiology: Embodied Experience, Embodied Advantage, and the Inclusion of Transgender Athletes in Competitive Sport,’ we claim that analyses of the inclusion or exclusion of transgender athletes in competitive sport must go beyond physiological criteria and incorporate the notions of embodied experience and embodied advantage. Our stance has recently been challenged as impractical and excessively exclusionary. In this paper, we address these challenges and build upon them to expand on the policy implications of our original (...) framework, highlighting that embodied experience and embodied advantage heavily influence athletic performance. We differentiate competitive fairness from justice to, with an emphasis on the inclusion of transgender women in competitive sport, formulate a justice-based argument for maximizing inclusion. Afterward, we identify ideal and nonideal policy recommendations connected to our analysis of embodied experience and embodied advantage. We ultimately advocate for a qualified inclusion that assesses potential residual (physiological and embodied) advantages while striving for justice and competitive fairness. (shrink)

We often talk and behave as if being a man required more than just being male, and being a woman required more than just being female. There are expectations that need to be met if someone wants to fully qualify as a man or a woman in their social environment, expectations regarding their behaviour as well as character. It is, however, not entirely obvious what ‘being a man’ or ‘being a woman’ actually means and in what way and to what (...) extent it defines our identity, making us who we are. Would I be a different person if I were a woman? And what would it take for me to be a woman? Could I conceivably be neither? Or both? If gender were nothing but sex, telling a man to ‘be a man’ would make little sense. We may have different ideas about what it means to be a man or woman and how we need to behave in order to secure or maintain our manhood or womanhood, but we are all likely to have some deeply ingrained understanding of what makes a man a man and a woman a woman that goes beyond mere biology. Does it, however, follow that gender can, if necessary or desired, be completely detached from sex, that I can be a woman despite having all the physical attributes of a male member of my species, or a man despite being biologically female? If so, on what grounds exactly would we decide who is what? (shrink)

In this paper, I link philosophical discussion of policies for trans inclusion or exclusion, to a method of policy making. I address the relationship between concerns about safety, fairness, and inclusion in policy making about the inclusion of transwomen athletes into women’s sport. I argue for an approach based on lexical priority rather than simple ‘balancing’, considering the different values in a specific order. I present justifying reasons for this approach and this lexical order, based on the special obligations of (...) International Federations such as World Rugby. As a result, I provide a justificatory framework for the WR Guidelines that exclude transwomen from the women’s game in WR competitions. Finally, I give an account of a maximally safe, maximally fair and maximally inclusive form of sex categorisation in sport. (shrink)

Throughout 2019, retired athletes Martina Navratilova, Sharron Davies, Kelly Holmes and Paula Radcliffe all spoke publically about what they perceive to b...

Jane English, a pioneer in feminist sport philosophy, mentioned one simple idea that has received insufficient attention, but its consequences are of great importance for decreasing discrimination...

There is a fundamental tension in many sports: human sex is not binary, but there are only two categories in which people can compete: male and female. Over the past 10 years, the International Association of Athletics Federations (IAAF) regulations have been at the centre of two notable legal disputes. The Court of Arbitration for Sport (CAS) reached two contradictory rulings: in the first case (Dutee Chand vs Athletics Federation India and IAAF), the IAAF regulations for the eligibility of athletes (...) to compete in the female category were suspended (24 July 2015) on grounds of "discrimination against the female category"; in the latter (Caster Semenya and Athletics South Africa vs IAAF), the regulations were reaffirmed (1 May 2019) on grounds that although discriminatory, they are necessary to maintain a "level playing field" and to “protect” the female category. Although Semenya’s case has paved the way for questioning existing gender norms in sport, a new stable norm has yet to emerge from her case. The pharmacological solution put forward by IAAF to the tension between fairness and inclusivity of bodies non-conforming to two sexes is not, however, the only possible solution/resolution to the case, as I aim to show in this paper. Here I present some reflections on this topic and suggest how CAS should approach the case if it hopes to resolve it. (shrink)

The inclusion of elite transwomen athletes in sport is controversial. The recent International Olympic Committee (IOC) (2015) guidelines allow transwomen to compete in the women’s division if (amongst other things) their testosterone is held below 10 nmol/L. This is significantly higher than that of cis-women. Science demonstrates that high testosterone and other male physiology provides a performance advantage in sport suggesting that transwomen retain some of that advantage. To determine whether the advantage is unfair necessitates an ethical analysis of the (...) principles of inclusion and fairness. Particularly important is whether the advantage held by transwomen is a tolerable or intolerable unfairness. We conclude that the advantage to transwomen afforded by the IOC guidelines is an intolerable unfairness. This does not mean transwomen should be excluded from elite sport but that the existing male/female categories in sport should be abandoned in favour of a more nuanced approach satisfying both inclusion and fairness. (shrink)

The question of whether transgender athletes should be permitted to compete in accordance with their gender identity is an evolving debate. Most competitive sports have male and female categories. One of the primary challenges with this categorization system, however, is that some transgender athletes (and especially transgender women) may be prevented from competing in accordance with their gender identity. The reason for this restriction is because of the idea that transgender women have an unfair advantage over their cisgender counterparts; this (...) is seen as a problem since sports are typically guided a principle called ‘the skill thesis’, which suggests that sports are supposed to determine who is most skillful by maintaining a fair starting point. In this paper, I argue that if the skill thesis ought to be maintained and there continues to exist no conclusive evidence in support of unfair advantages possessed by trans women, then we may want to re-consider the gender binary in sport. Rather than having male/female categories, it may make more sense to categorize athletes based other sport-specific factors (e.g., height, weight, etc.). This may help to maintain the skill thesis while at the same time removing potentially unfair and discriminatory barriers against transgender athletes. (shrink)

This article explores the strategies followed by the International Olympic Committee for the achievement of gender equality. It is argued that this international body can go beyond simply adopting an equality of opportunities approach to gender equality. It suggests which other strategies can be incorporated for which it draws on the different ways of understanding gender equality in gender political theory.

The discourse inside and outside of sport in Australia and abroad on the participation of transgender women in female sport focuses on the principles of fairness, equity and the safety of competitors. These concerns commonly materialise (with little evidence) labelling transgender women as ‘cheats’, dominating female sport, strategically being coached in collision sports to intentionally hurt opponents or fraudulently transitioning with the sole aim of competing in elite women’s sport. Our research examines the process by which the Australian Football League (...) (AFL) grappled with these competing narratives in developing a policy to permit the participation of transgender and gender diverse athletes in community and ‘elite’ competitions. It will be argued that the initial AFL process lacked consideration of the human rights of transgender women and did not provide the necessary resources required to ensure a safe and inclusive process for transgender women to engage with the AFLW competition. This article will also identify lessons which other sport governing organisations should heed in developing and implementing policies for the inclusion of transgender women in sport. (shrink)

This paper offers a discussion of the rationale for the creation of sports categorization criteria based on sporting genealogy and the gendered body, as proposed by Torres et al. in their article ‘Beyond Physiology: Embodied Experience, Embodied Advantage, and the Inclusion of Transgender Athletes in Competitive Sport’. The strength of their ‘phenomenological’ account lies in its complex account of human experience; but this is also what makes it impractical and difficult to operationalize. Categorization rather requires simplicity and practicability, if it (...) is to be applied to all athletes (and not exceptionally to transgender athletes). This discussion helps us to formulate three general principles for the process of categorization of athletes, relating to fairness, verifiability and practicability. (shrink)

This paper addresses some problems arising with respect to the male/female binary division that has traditionally been central to most sports. One strategy for dealing with this problem is to remov...

Regulations implemented by World Athletics (WA) require female athletes with differences of sexual development to suppress their blood testosterone levels in order to participate in certain women’s sporting competitions. These regulations have been justified by reference to fairness. In this paper, we reconstruct WA’s understanding of fairness, which requires a “level playing field” where no athlete should have a significant performance advantage based on factors other than talent, dedication, and hard work over an average athlete in their category. We demonstrate (...) that by placing regulations only on testosterone levels, while ignoring physical as well as socioeconomic advantages, WA consistently fails to meet its own definition of fairness. We then discuss several ways in which this definition could be met. Our analysis shows that a categorical system, in which athletes are divided into categories based on properties leading to significant performance advantages, is best suited for meeting WA’s definition of fairness. (shrink)

This paper examines the philosophical justification for World Rugby’s ban of trans women athletes from the ‘Women’s’ category at elite level. It is argued that Pike’s lexical priority argument in support of this ban is flawed; that Burke’s partially concessive response to Pike leads Burke to endorse an incoherent position; and that by rejecting Pike’s lexical priority argument, Burke’s view can both be made consistent and can be defended against the two criticisms levelled to it by Imbrišević. A stronger justification (...) for WR’s ban is identified and discussed, and a diagnosis for the debate’s intractability is proposed. (shrink)

The inclusion of girls and women in sport at all levels depends on single sex categories for most sports from puberty onwards, because of the biological differences between the sexes. Most sport is, by definition, competitive; involving invasion games, teams, leagues, races, competitions and sometimes rankings, from foundation to excellence. Girls and women are underrepresented, particularly in traditional sport, as recognised by the UK Sports Councils and most governing bodies of sport. This paper uses feminist philosophy: Lister on androcentric citizenship, (...) and Fraser on justice as balance, framing, recognition, representation and redistribution. It investigates the impact on the inclusion of girls and women, of eligibility policies adopting ‘self-identification of gender’ guidelines for the inclusion of transgender people in sport, at participation rather than elite levels. It explores fairness and equality as incorporated in law in the 2010 Equality Act in Britain, and contributes to ‘equality evidence’ available to the UK Sports Councils and GBS. These bodies are charged with developing fair and inclusive evidence-based eligibility criteria, in sports participation settings, for both girls and women, and transgender people. (shrink)

ABSTRACTMy goal in this article is to give a portrait of how modern sport philosophy, which started in 1972, developed from relatively narrow paradigmatic borders to become a diverse and multi-para...