Trans Athletes

Housekeeping

• Next time: presentation on sports during the pandemic, finish discussing McKinnon, discuss final a bit

Clarifications

Intersex vs. Trans athletes: they're not the same! (see post for 4.17)

• Caster Semenya (left) is intersex, not trans
• Rachel McKinnon (right) is trans, not intersex

Arguments for testosterone limits: they're not all the same!

1. Equal opportunity argument: Intersex women like Caster Semenya should be recognized as women, but they are to some degree male-bodied, not female-bodied.  There should be equal opportunity for women who are "female-bodied".  To protect equal opportunity for female-bodied women, Semenya should have to lower testosterone.  Same with trans women. (Coleman)

2. Talent argument. Talent should be a primary factor determining outcomes, but high testosterone in intersex and trans athletes affects outcomes and isn't talent. (Murray, also some of this in Coleman)

3. Fairness argument--when Caster Semenya or Rachel McKinnon compete in races against biologically typical females, there's an "uneven playing field." The intersex and trans women have "equipment" that others don't have. They may still have testes but at least have the byproducts of having had testes in the past.

Rachel McKinnon responds

Four arguments for testosterone limits or outright exclusion, plus McKinnon's replies.

1. Intersex and trans women may be women, but they're male, or male-bodied, or biologically male.  RM's reply:

• legally (in many places) and within sport, intersex and trans women are women and female (no difference). 
• if you're female you're female-bodied!
• What would Coleman say?  

2. They have too many performance advantages.  RM's reply:

• wouldn't matter, if true; but tends to be exaggerated (p. 8)
• "The practice of sport is a human right" according to the IOC. 
• performance advantage of being taller is permitted; no reason to treat performance advantage of higher testosterone any differently
• What would Coleman or Murray say? 

3. But the whole point of gender segregating sport is that men are "stronger and faster" (p. 8). RM's reply:

• gender segregation is just due to sexism, not performance differences
• If it's due to sexism, should we end it? What would happen to competitors like Semenya and McKinnon if there were no gender segregation?

4. It's unfair for intersex and trans women to compete against other women.  RM's reply:

• Testing or excluding is discriminatory--it's treating intersex and trans people differently.
• Discrimination is sometimes acceptable but only when it's (1) "in service of a worthy social goal" and (2) "necessary for the promotion of the worthy social goal" and (3) "effective at promoting the worthy social goal" and (4) the good accomplished is "proportional to the harm" done to the people discriminated against. (all quotes on p. 6).
• RM: treating them differently doesn't pass the four-fold test
• Suppose Coleman were applying this test.  What would she say about each clause?