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...

In this paper, we examine the scientific, legal, and ethical foundations for inclusion of transgender women athletes in competitive sport, drawing on IOC principles and relevant Court of Arbitration for Sport decisions. We argue that the inclusion of trans athletes in competition commensurate with their legal gender is the most consistent position with these principles of fair and equitable sport. Biological restrictions, such as endogenous testosterone limits, are not consistent with IOC and CAS principles. We explore the implications for recognizing (...) that endogenous testosterone values are a ‘natural physical trait’ and that excluding legally recognized women for high endogenous testosterone values constitutes discrimination on the basis of a natural physical trait. We suggest that the justificatory burden for such prima facie discrimination is unlikely to be met. Thus, in place of a limit on endogenous testosterone for women, we argue that ‘legally recognized gender’ is most fully in line with IOC and CAS principles. (shrink)

Issues surrounding the inclusion of transgender and intersex athletes in the women’s category in sport have spurred vigorous, and sometimes vicious, debate. The loudest voices on one edge of the de...

This paper addresses the ontological status of the body in the context of bodily practices in body-oriented disciplines, such as sport training, dance, and physiotherapy. Following Descartes’, Huss...

The inclusion of elite transwomen athletes in sport is controversial. The recent International Olympic Committee guidelines allow transwomen to compete in the women’s division if 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)

Sport occupies a significant role in modern society and has a wide following. In his Leftist Theories of Sport, Morgan examines what he considers to be a degradation of modern sport and the lack of proper critical theory to address this challenge. In the latter part of LTS, Morgan presents a reconstructed critical theory with ‘a liberal twist’ in terms of an analysis of what he sees as the internal ‘gratuitous’ logic of sport, and a call for critical deliberation in (...) sporting practice communities. I depart from Morgan’s ideas of the ‘gratuitous’ logic of sport which, I believe, has significant potential and operative force. I interpret the logic of sport as forms of self-imposed constraints at three levels: in the logic of the rules, in norms for fair play, and in a particular interpretation of sporting excellence as a form of human excellence. Using the practical case of performance-enhancing drugs, I demonstrate how this interpretation can exert operative power. I conclude by pointing to th... (shrink)

This paper considers whether transgender women should be permitted to compete in female categories in sports. Trans* women are often criticized for competing in female categories because they are seen as having an unfair advantage. Specifically, they are seen as having high levels of testosterone that unfairly enhance their performance in comparison to cisgender competitors. In this paper, I argue that trans* women should be permitted to compete in female categories. I suggest that if we want to maintain the skill (...) thesis as a guiding principle of sports and allow trans* women to compete in female categories, then we need to take relevant genetic advantages into consideration by introducing a handicap system. I claim that a handicap system should consider both cisgender and transgender women’s effective testosterone levels. (shrink)

Sporting communities remain entangled in debate over whether and how to include transgender and intersex athletes in competition with cisgender athletes. Of particular concern is that transgender and intersex athletes may have unfair physiological advantages over their cisgender opponents. Arguments for inclusion of transgender and intersex athletes in sport attempt to demonstrate that such inclusion does not threaten the presumed physiological equivalence among competitors and is therefore fair to all. This article argues that the physiological equivalency rationale has significant limitations, (...) including an inordinate emphasis on sport as a comparative test. Instead, this article contends that arguments for narrativity rather than physiological equivalency show that exclusion is not only misguided but also undesirable: it is detrimental not only to the excluded athletes but to sport itself. The article yields several important consequences including calls for revisions to policies on transgender... (shrink)

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...

Although women have long been participants in martial arts and other contact sports, the introduction of a women’s division in the Ultimate Fighting Challenge in 2012 brought women in combat sports into the media spotlight in an arguably unprecedented way. Yet, the increasing acceptance of women’s participation in combat sports does not necessarily mean that these sports are equally accessible to people of all genders. This article, extending insights from Iris Marion Young’s “Throwing Like a Girl,” will argue that the (...) modalities of feminine bodily existence pose barriers to women’s success in combat sports. Young discusses ways in... (shrink)

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

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...

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...

This essay critically considers scientific and metaphorical understandings of the body and embodiment. It employs interrogates and employs the concepts of embodiment, ego, bodily intentionality, and anorexia from a phenomenological perspective. It considers the battery of concepts regarding embodiment: soma (the shape of the body), sarx (the flesh of the body) and pexis (the body and soul in unity). While Soma and sarx are the objective body, they are explained by the natural sciences. Pexis is the 'unobjective' body; it is (...) subjective, and it is to be studied as a subjective phenomenon. To understand pexis means to understand that the body does not finish with the skin but is connected to its surroundings. There is also a consideration of the possibilities of the body under Heidegger's idea of protention, which refers to the transformation of the body into an instrument. When the body is conceived of as an instrument or object anorexia is seen as an illness only of embodiment as soma . A richer alternative is the idea that anorexia is an illness of existence that can be explained by Heidegger's discussion of embodiment via the concept of dasein. (shrink)