In June 2018 the Supreme Court of the United States decided the case of Masterpiece Cakeshop, in which baker Jack Phillips refused to provide a cake for a same-sex wedding. The Court decided the case on fairly narrow grounds; in particular, it set aside the question of whether Phillips illegally discriminated on the basis of sexual orientation by refusing to sell the same cake to a gay couple that he would sell to a heterosexual couple. Concurring opinions by Justices Kagan (...) and Gorsuch do address that question, however, and in this paper I explore the debate between them. By distinguishing between design-based and use-based refusals of service and then arguing that some use-based refusals are tantamount to discrimination on the basis of protected traits, I argue that Jack Phillips did indeed discriminate on the basis of sexual orientation. I also argue that another baker, who refused to create a “Leviticus 18:22 ‘Homosexuality is a detestable sin’ ” cake, did not discriminate on the basis of religion. I thus side with Justice Kagan against Justice Gorsuch on the question of whether the Colorado commission treated the two bakers inconsistently. (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...

“Look Great Naked!” “Sexy Legs Now!” “Score a Perfect 10 Body!” These invitations appear regularly on the covers of glossy fitness magazines, always beside a photograph of a too-perfect-not-to-be-airbrushed, generally scantily clad, young woman. Are they really invitations or are they imperatives? What should we make of the apparently presumed connection between fitness and sex? These are the questions that drive this article, in which we distinguish between fitness and sport and provide a feminist account of fitness to set the (...) stage for analysis of the conflict between norms of femininity and heteronormativity in sport and in the fitness industry. We examine the medicalization of fitness to show that women’s... (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)

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)

The American Journal of Bioethics, Volume 12, Issue 7, Page 19-21, July 2012.

The paper argues that authentic human selfhood requires the adequate integration of bodily awareness into the self-conception of self, and that a highly significant contributor to this process is athletic activity (sports). The role of athletics in self-integration is examined from phenomenological and moral-political standpoints, and it is argued that, although athletic activity's inherent goal of realizing ontological unity through embodied intentionality is ideally suited to this task, the organization of sport too frequently thwarts this purpose, either through exclusion of (...) potential athletes or exploitation of committed participants. (shrink)

How do institutions respond to expert contests over epistemologies of sex and gender? In this article, I consider how epistemological ascendancy in debates over the regulation of women athletes with high testosterone is established within a legal setting. Approaching regulation as an institutional act that defines forms of embodied difference, the legitimacy of which may be called into question, I show how sexed bodies are enacted through and as part of determinations of expertise. I focus on proceedings from 2015 when (...) the Court of Arbitration for Sport was asked to decide whether an Indian sprinter, Dutee Chand, could compete as a female athlete. Despite acknowledging that sexed bodies are unruly, the court ultimately endorsed the use of testosterone as seemingly essential to women’s athletic performance, thereby reasserting a two-category model of biological difference. The legitimacy of these regulatory efforts was established through the concurrent narrowing of expertise and the body, a process that is also revealed to be gendered. (shrink)

Feminist scholarship has developed a focus on articulating alternative women’s ways of knowing and validating women’s experiences. The focus of my feminist interest in epistemology began with my attempt to understand my role as knower, and to contribute to the development of multiple and alternative “knowledges”. Key critiques of Western epistemology and dualistic ontology informed the development of feminist and phenomenological understandings of embodiment and embodied ways of knowing. Feminist writing about women’s movement experiences, considering the examples of throwing a (...) ball, climbing, long-distance running and rowing, all offered contributions to alternative knowledges. In particular, through embodied ways of knowing as a dancer, I hope to offer insights relevant to other embodied practitioners in sport, leisure and physical activity. (shrink)

This article explores the position of women in the sport of surfing. I contend that within surfing there remain many forms of oppression that have not been given appropriate attention in feminist studies. In this article I apply Iris Marion Young's analysis from “Throwing Like a Girl” to the sport of surfing. Young's article offers many insights into forms of domination and oppression that pervade the sport, and that are demonstrated through the restricted movement of female surfers. I conclude by (...) making suggestions for how to address these issues in surfing through a greater promotion of big-wave surfing. (shrink)

The Ultimate Fighting Championship broadcasts Mixed Martial Arts fights in over 149 countries to nearly a billion households worldwide. In 2013, the UFC signed the first ever female fighter Ronda ‘Rowdy’ Rousey. In this essay, I argue that women’s participation in the UFC challenges traditional stereotypes of female physical passivity and Iris Marion Young’s claims about feminine spatiality. However, at the same time, UFC culture emphasizes traditional sexist views of femininity and submissiveness. In order to analyze how gender is constructed (...) in the UFC, theories on women’s lived body experiences through participation in MMA are explored. Brian Pronger’s homosocial and homophobia framework is also applied to the phallocentric discourse that is part of the UFC. (shrink)

In this paper, we examine the case of Ronda Rousey, a high profile female Mixed Martial Arts fighter in the Ultimate Fighting Championship. We argue that Rousey represents a female athlete who can be considered a gender transgressor yet simultaneously a Glamazon. The case of Rousey will be applied to gender transgressor theories to demonstrate that Rousey counters traditional discourse which holds that exhibiting stereotypically masculine traits implies not being an authentic woman. Female fighters face criticisms for being “unfeminine” or (...) “manly” because they participate in such an aggressive sport. Despite her gender divergent behaviour, as much as she transgresses, Rousey is also pinned by sporting and societal sexist culture that reinforces sex binaries and exposes pressures to adhere to hyperfemininity and heterosexual ideals. Finally, using the notions of self and power found in Michel Foucault’s later work as a springboard, we examine whether Rousey’s embrace of the Glamazon identity is an act of autonomy or evidence of false consciousness. (shrink)

In this paper, linguistic-analytic philosophy has been identified as the dominant methodology in the philosophy of sport. The hermeneutics of sport is contrasted with linguistic-analytic philosophy by analyzing Heidegger’s view of Truth. In doing so, two views of philosophy are compared: ontology or description. Sport hermeneutics’ task has to do with description. Hermeneutical explanations of sport attempt to describe the facticity of sport. Such a facticity is formed by three moments: embodiment, capabilities, and tradition. They are not components of sport (...) that can be identified as essential components but rather, they are identifiable only for analytic purposes. These three above-mentioned elements cannot be identified as elements, because they are intrinsically intertwined forming a unitary network of meaning. The task of sport hermeneutics is to describe the different relationships that compose such a network of meaning. In doing so, sport is a humane activity linked to the constitutive human task of making sense of reality by projecting meaning into it. (shrink)

In April 2018, the International Association of Athletics Federations released new regulations placing a ceiling on women athletes’ natural testosterone levels to “ensure fair and meaningful competition.” The regulations revise previous ones with the same intent. They require women with higher natural levels of testosterone and androgen sensitivity who compete in a set of “restricted” events to lower their testosterone levels to below a designated threshold. If they do not lower their testosterone, women may compete in the male category, in (...) an intersex category, at the national level, or in unrestricted events. Women may also challenge the regulation, whether or not they have lowered their testosterone, or quit sport. Irrespective of IAAF’s stated aims, the options forced by the new regulations are impossible choices. They violate dignity, threaten privacy, and mete out both suspicion and judgement on the sex and gender identity of the athletes regulated. (shrink)

In May 2011, more than a decade after the International Association of Athletics Federations (IAAF) and the International Olympic Committee (IOC) abandoned sex testing, they devised new policies in response to the IAAF's treatment of Caster Semenya, the South African runner whose sex was challenged because of her spectacular win and powerful physique that fueled an international frenzy questioning her sex and legitimacy to compete as female. These policies claim that atypically high levels of endogenous testosterone in women (caused by (...) various medical conditions) create an unfair advantage and must be regulated. Against the backdrop of Semenya's case and the scientific and historical complexity of ?gender verification? in elite sports, we question the new policies on three grounds: (1) the underlying scientific assumptions; (2) the policymaking process; and (3) the potential to achieve fairness for female athletes. We find the policies in each of these domains significantly flawed and therefore argue they should be withdrawn. (shrink)

One important limitation of the current renditions of interpretivism is that its emphasis on the moral dimension of sport has overlooked the aesthetic dimension lying at the core of this account of sport. The interpretivist’s failure to acknowledge and consider the aesthetic implicitly distances this realm from the moral. Marcia Muelder Eaton calls this distancing the separatist mistake. This paper argues that interpretivism presupposes not only moral but also aesthetic principles and values. What it sets out to demonstrate is that (...) interpretivism is an integralist, or nonseparatist, account of sport, one in which ethical and aesthetic values are not exclusive. Making explicit and specifying interpretivism’s combined moral-aesthetic approach to sport not only helps to better distinguish the whole range of values that make up sport as well as their interconnection but also encourages sportspeople to pursue more coherent sport and, thus, more enriching lives. (shrink)