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)

In this article, we scrutinize views that justify exclusionary policies regarding transgender athletes based primarily on physiological criteria. We introduce and examine some elements that deserve...

This paper is an examination of the concept of recognition and its connection with identity and respect. This is related to the question of how women are or are not adequately recognised or respected for their achievements in sport and whether eliminating sex segregation in sport is a solution. This will require an analysis of the concept of excellence in sport, as well as the relationship between fairness and inclusion in an activity that is fundamentally about bodily movement. I argue (...) that attempts to address the problem of women’s recognition in sport need to do so in ways that neither eliminate sport as a fairness regulated system for developing individual excellence in bodily movement nor that prevent women’s achievement of sporting excellence, with the regard that belongs to them. Doing this requires us to decide whether sport is about champions or about individual excellence. (shrink)

I analyze the case of pregnant athletes, and argue that sexism surrounds pregnant athlete’s participation in sport. I claim that we stigmatize the pregnant body in action. Participating in sport wh...

Eligibility to compete in sport is organised principally around two binary distinctions: ‘clean/doped’ and ‘male/female’. These distinctions are challenged both by steroid users who wish to...

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)

Despite the reality of intersex individuals whose biological markers do not necessarily all point towards a traditional binary understanding of either male or female, the vast majority of sports divide competition into categories based on a binary notion of biological sex and develop policies and regulations to police the divide. In so doing, sports governing bodies (SGBs) adopt an imperfect model of biological sex in order to serve their particular purposes, which, typically, will include protecting the fundamental sporting value of (...) fair competition. Yet, one potential consequence of enforcing such an approach would seem to be the exclusion or marginalization of individuals whose biological development does not fit within the binary model, whether due to genetics or through a choice to undergo medical intervention to better represent a chosen gender identity. Any such exclusion or marginalization will inevitably tend to undermine another fundamental value of sport, that of inclusivity. In the context of those with differences of sex development, SGBs appear to be faced with a difficult problem: dealing with a conflict between two fundamental values of sport. Different approaches to this problem have been suggested, with some academics proposing that sports organisations, in general, ought to prioritise fairness above, while others suggest the need to ‘balance’ competing values or even to prioritise inclusion over fairness. However, it is argued that any of these approaches are, in principle, justifiable as any sport should be free to prioritise or balance its own values. What seems more important for any SGB is the need for a rational and transparent justification of regulations that pursue fair competition at the expense of inclusivity. Furthermore, where fair competition and inclusivity are fundamental values, any such justification would seem to demand adherence to some basic norms. First, the regulations should be built on (and articulate) a consistent and principled basis of what ‘fair competition’ means in a particular sport. Second, any regulations should only exclude or restrict participation to the minimum degree necessary to achieve the sense of fair competition so articulated. Third, SGBs should be transparent about what their values are and where their priorities lie so that participants and other stakeholders are able to make an informed choice as to whether they wish to participate in, support, or be associated with a particular sport. With reference to the adoption of the Eligibility Regulations for Athletes with Differences of Sex Development (the ‘DSD Regulations’) by the International Association of Athletic Federations (IAAF), this article seeks to evaluate whether the approach of the IAAF satisfied these basic requirements. (shrink)

In this paper I discuss a new conception that has arrived relatively recently on the scene, in the context of the debate over the inclusion of transwomen (hereafter TW) in female sport. That conception is ‘Meaningful Competition’ (hereafter MC) – a term used by some of those who advocate for the inclusion of TW in female sport if and only if they reduce their testosterone levels. I will argue that MC is not fair. I understand MC as a substitute concept, (...) as an attempt to substitute for the perfectly serviceable concept of fair competition. It is an attempt at conceptual engineering that should be resisted. This is important because some International Federations have accepted MC as good coin, and the underlying theory of MC, which I explicate for the first time, underpins the stance taken by the IOC (International Olympic Committee) in its Framework Document. To establish that the inclusion of TW in female sport meets the criteria of MC in the sense I explicate here, does not show that the inclusion of TW in female sport is fair. Such inclusion is not fair, and the proper currency of sport is fair competition. ‘Meaningful Competition’, on the other hand, is a snare and a delusion. (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)

ABSTRACT Despite the claim in Miroslav Imbrišević’s paper about differences between the positions of Jon Pike and myself, there are also significant overlaps. I endorsed the WR consultative process that Jon was part of, agreed that Jon had produced a compelling argument, and agreed with the lexical framework of the argument. Miroslav’s major contentions with my argument appears to be that it dresses up patriarchal outcomes in feminist clothes, and that it ignores the voices of women [athletes] in coming to (...) its conclusions. In this paper, I address the charges by suggesting that both emanate from Miroslav’s attempts to see gender critical feminism as the gauge against which all positions need to be judged. My position is that this school of feminism will lead to largely conservative outcomes in the discursive and organizational hierarchies in sport, so that any individual benefits that accrue to female athletes will be less substantial than the loss of transformational potential in women’s sport. (shrink)

World Rugby (WR) announced in 2020 that transwomen should not be competing at the elite level because of safety and fairness concerns. WR and Jon Pike, a philosopher of sport advising them, adopted a lexical approach to get a grip on the three values in play: safety, fairness, and inclusion. Previously, governing bodies tried to balance these competing values. Michael Burke recently published a paper taking aim at Pike’s lexical approach. This is a reply to Burke.

Both the approach taken by World Rugby to address the question of trans women participation in women’s rugby and the paper by Jon Pike that explains the ethical justification for the exclusion of trans women players from world rugby are compelling when understood within the dominant rugby/sport narrative. However, in this article, I suggest that what is absent is a radical feminist understanding that engages with the political purposes of separate sport spaces for women in producing feminist counternarratives that challenge (...) men’s power in/over sport. Decisions about the inclusion of trans women in women’s sporting competitions should be made on a sport context-by-sport context basis oriented by broader feminist political goals. (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)

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)

A number of sport philosophers have noted the potential of sport as meaningful narrative and storytelling. While these arguments are convincing, they fail to acknowledge that not all athletes exper...

This paper centers two complementary theoretical approaches to advance the debate about transgender women’s inclusion in elite women’s sports – namely, non-ideal theory and cultural studies. In doing so, the paper highlights divisions between ideal theory and non-ideal theory, normative internalism in sports and normative externalism in sports, and essentialist views of sports compared to non-essentialist views of sports. The paper’s main agenda is to show the value of applying non-ideal theory, externalism, and non-essentialism to the discourse over transgender inclusion.

Two distinct forms of fairness in sport are regularly conflated, which produces confusion in important debates concerning the participation of transgender women in female sporting contests. The distinct forms of fairness arise in two distinct forms of sporting contest: the handicap contest and the championship contest. Handicap contests seek to ‘level the playing field’ by ensuring that all participants have an equal or ‘sporting’, chance of winning. Championship contests seek to find the person or team that is best at a (...) particular event – to find a champion. Each form of contest makes use of female categories, although for different reason. Arguments for and against the use of handicapping to ensure fairness in championship contests such as the Olympics conflate these forms of contest and their distinct accounts of fairness. (shrink)

When behaviours or character traits match sociocultural expectation, heteronomy is a natural suspicion. A further natural suspicion is that the behaviours or character traits are unhealthy for the agent or for objectives of social justice and liberation. Second Wave feminism therefore includes a robust narrative of unease about female self-sexualisation. Third Wave feminism has more upbeat narratives of the latter, in terms of confidence and empowerment. The preceding tension is refracted through cases such as Ronda Rousey and ‘derby girls’, as (...) well as those of many less ostentatious women. It is argued that such self-sexualisation can be autonomous as opposed to heteronomous. It is argued, furthermore, that it is not a priori unhealthy for the agent and that autonomous female self-sexualisation admits of degrees of self-consciousness and articulacy. At the same time, such self-sexualisation takes place within gendered social structures, with consequences that legitimate the reinvocation of Second Wave motifs such as the commodification of female sexuality and the privileging of precise images of female sexuality. (shrink)

Though many scholars have made claims as to the nature of sport, this article argues that these claims tend to narrowly focus on modern ideas derived primarily from Western competitive sport. Thus, most notions of sport fail to capture how various historical and non-Western cultures valued sport. In an attempt to provide a broader and more durable description of the nature of sport, this article argues that sports are fundamentally about telling a story about ourselves. These stories are meaningful narratives. (...) Meaningful narratives, the article argues, exist in three ways: the individual, the collaborative, and the collective. By seeing sport as inherently about ‘a story we tell ourselves about ourselves’, the article concludes that not only do philosophers realize a more complete understanding of what sport is about but also receive and apply this understanding to normative debates within sport ethics. (shrink)

As of this writing, twenty‐one states have passed laws barring transgender youth‐athletes from competing on public‐school sports teams in accordance with their gender identity. Proponents of these regulations claim that transgender females in particular have inherent physiological advantages that threaten a “level playing field” for their cisgender competitors. Existing evidence is limited but does not support these restrictions. Gathering more robust data will require allowing transgender youth to compete (rather than preemptively barring them), but even if trans females are shown (...) to retain some advantage, this would not have greater moral significance than the many other “fair” physical and economic advantages found across sports. These regulations deprive transgender youth, an exceptionally vulnerable population, from the vast physical, mental, and social benefits of sports. While we advocate for transgender inclusion under our current, gender‐segregated model of sport, we propose changes to the overarching structure that would promote a more inclusive and fairer athletic environment. (shrink)

According to the Differences of Sex Development Regulations of the International Association of Athletics Federations, Caster Semenya and other athletes with heightened testosterone levels are considered non-eligible for middle distance running races in the women’s class. Based on an analysis of fair equality of opportunity in sport, I take a critical look at the Semenya case and at IAAF’s DSD Regulations. I distinguish between what I call stable and dynamic inequalities between athletes. Stable inequalities are those that athletes cannot impact (...) or control in any significant way such as inequalities in biological sex, body size and chronological age. Dynamic inequalities, such as inequalities in strength, speed and endurance, or in technical and tactical skills, can be impacted and to a certain extent controlled by athletes. If stable inequalities exert significant and systematic impact on performance, they provide a rationale for classification. If high testosterone level is an inborn, strong and systemic driver of performance development, inequalities in such levels can provide a rationale for classification. As is emphasised by the Court of Arbitration for Sport, this leads to a dilemma of rights: the right of Semenya to compete in sport according to her legal sex and gender identity, and the right of other athletes within the average female testosterone range to compete under fair conditions. I conclude with providing conditional support of the CAS decision in the Semenya case and of IAAF’s DSD Regulations. (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...

Ensuring fairness is a capital issue in any sporting competition. However, fairness is a complex concept. We seek here to offer an analysis of the construction and upholding of fairness within comp...

Questions and analyses centered on race have become more prominent in philosophy. By employing a ‘critical philosophy of race’, thinkers become enabled to address how race and racism continue to operate in subtle and unintended ways, including within concepts, theories, principles, practices, and methodologies otherwise purported to be race-neutral. Yet, North American sports philosophy provides few examples of work that grapples with race, racism, or theories of race. In this essay, I ask why and conclude that the shortage of discussions (...) that include explicit references to race or ethnicity in North American sport philosophy is due to the dominance and normalization of white epistemologies – white ways of experiencing, seeing, and knowing the world. (shrink)