Thursday, November 14, 2019

Intersex and Trans Athletes (Background)

Vocabulary
  • intersex
  • disorders of sexual development
  • differences of sexual development
History of sex-testing (Padawer and other sources)
  • 20th century: as women enter sport, there's a fear of male impostors
  • 1940s: female competitors had to have gender certificates
  • 1966: sex verification used "nude parades" in front of physicians and genital exams
  • 1967: changed to chromosomal testing. XX chromosomes required to compete in women's sports. 
  • 1985: Martinez-Patino case. XY, PAIS, female-presenting. Spanish hurdler, expelled, lost medals. Later reinstated. 
  • IAAF witched to "'manual/visual" check for individuals whose femininity was questioned
  • 1990s: if athlete is challenged, then chromosome and hormone testing, plus pelvic exam and psych evaluation

Recent history: Caster Semenya


Caster Semenya

  • 2009: Caster Semenya, South Africa, wins world championship in 800 meters
    • legally female, female gender identity
    • didn't know she was intersex
    • she was challenged, gender-tested, suspended pending results
    • 2010: she is reinstated 
  • 2011: International Association of Athletics Federations (IAAF) decides that if challenged, female athletes must be legally female and testosterone level must be below 10 nmol/L 
    Fertilitypedia
    • exception: athlete is insensitive to testosterone 
    • can reduce with drugs or surgical removal of internal testes
  • 2012: Semenya won Olympic gold medal in women's 800 meters

Watch first 13 minutes:




Recent History: Dutee Chand
  • 2014: Indian runner Dutee Chand dropped from several competitions due to "hyperandrogenism" (high testosterone in a female). 
    • legally female, female gender identity
    • didn't know she was intersex
    • discovered after she was challenged at a competition
  • 2015: Chand appeals to Court of Arbitration for Sport (CAS)
    • CAS suspends testosterone testing, giving IAAF time to defend.
  • 2016: Caster Semenya wins Olympic gold medal in 800 meters
  • 2018: IAAF defends and upholds testosterone testing for intersex and trans athletes
    • female athletes must have testosterone under 5 nmol/L (unless athlete is insensitive to testosterone)
      • only for middle distance (400 meters to a mile) running events, 
      • must sustain lower level for 6 months prior to competition (chemically or surgically)
      • affects international competition only
      • alternatively these athletes can compete in men's events
    • "in no way intended as any kind of judgment on, or questioning of, the sex or the gender identity of any athlete" (a question of eligibility, not gender)
  • 2019: After another challenge, IAAF upholds 2018 policy. 
    • clarifications here
    • they say: applies to those intersex women who are both XY and legally women (e.g. Caster Semenya)
    • applies only to high level international competition
    • also applies to trans women, who must be legally female
  • 2019: decision challenged and suspended pending review by Swiss Supreme Court
Watch first 14 minutes:



Trans athletes

Chris Mosier, triathlete
Fallon Fox, mixed martial arts



Rachel (Veronica) McKinnon,
masters cycling gold medalist
and philosophy professor


The debate about intersex athletes: positions
  1. There should be testosterone limits for intersex female athletes (Monday: Doriane Coleman, she argues the lower limit is best)
  2. They should be unconditionally eligible
  3. They should be unconditionally ineligible
The debate about trans athletes: positions
  1. There should be testosterone limits for trans women athletes 
  2. They should be unconditionally eligible (Wednesday: Rachel McKinnon)
  3. They should be unconditionally ineligible
To what extent are the ethical issues in these two debates distinct?




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