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 move for greater inclusion of transwomen in women’s sports through the adoption of increasingly less stringent criteria has progressed very quickly, faster than public consensus, and seemingly without much debate. In an effort to further rational discussion of this issue, I want to lay out clear versions of the best arguments in favor of greater inclusion. Versions of these arguments have been appearing in a variety of merged and mangled forms in popular and social media. Hence, my task (...) is twofold: untangle the arguments and re-present them in the most compelling versions. (shrink)

There are two conceptions of ‘inclusion’ in play in this debate. 1. The traditional conception in sport: How does sport provide inclusion/exclusion? Through eligibility criteria. 2. The social justice conception: trans people must be included in all social endeavours/institutions, one of these being sport. In the latter ‘inclusion’ facilitates affirmation and validation of their gender identity. The question is: should sport take on this ‘social justice’ task?

ABSTRACT In recent years, debates on same-sex marriage and the recognition of transwomen as women have been raging. These debates often seem to revolve around the meaning of, respectively, the word ‘marriage’ and ‘woman’. That such debates should take place might be puzzling. It seems that if debates on gay and transgender rights revolve around the meaning of these words, then those in favor of same-sex marriage and of the recognition of transwomen as women have no room left (...) to maneuver. However, prima facie, the pro – and anti-, in both cases, have genuine disagreements over the meaning of these words: though the analyses of revisionary theorists are revisionary, they are analyses. Sally Haslanger and other philosophers in her wake have appealed to an anti-descriptivist externalist view of meaning to provide the conceptual foundations of this practice of revisionary theorizing: revisionary analyses bring to light what, unbeknownst to us, these words mean. In this paper, I argue that a descriptivist externalist view should be preferred instead. My argument rests on the thesis that what is contested in these debates is the meaning of the words ‘marriage’ and ‘women’ as used in the law. (shrink)

The recently published ‘Scientific Review’ by the Canadian Centre for Ethics in Sport about transwomen’s participation in female sport doesn’t deserve its name; it is wholly unscientific. This publication follows a familiar pattern. The body is not important anymore when it comes to categorisation and eligibility in sport; instead, it’s all about a psychological phenomenon: gender identity. This side-lining of the body (which makes the side-lining of female athletes and the inclusion of male-born athletes possible) is now reinforced by (...) an attack on the bio-medical sciences. (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.

Contents: 1. Testosterone is not the only Game in Town: The Transgender Woman Athlete 2. Queer Language Lessons: The Confusion over ‘My Pronouns’ 3. Legal Fictions: Changing Sex by Changing Gender 4. More than a Feeling: Rock Stars, Heroines and Transwomen 5. To Compete, or not to Compete, that is the Question: Which is Nobler for Transwomen Athletes? 6. The Power of Words 7. Feminism, Conceptual Engineering, and Trans Identit.

This paper continues the discussion of three values of sport (safety, fairness, inclusion) that has developed around the theme of inclusion of transwomen in the female category in World Rugby, as discussed by Pike, Burke and Imbrišević. In contrast to their discussion, in which these three values have been seen from the limited perspective of the inclusion of one group of athletes into a specific category of one sport, they are here discussed in the context of the categorization in (...) sport in general, with a focus on constitutive and eligibility rules. Constitutive rules give a strong foundation for eligibility rules. From the perspective of eligibility rules, the value of inclusion is identified as the underlying main value, while fairness and safety are its functions. This view rehabilitates the value of inclusion and has implications for how we think about the inclusion of athletes in sport, and for the creation of categories. (shrink)

The central question of the paper is: do women have the right to exclude transwomen from women-only spaces? First I argue that biological sex matters politically, and should be protected legally—at least until such a time as there is no longer sex discrimination. Then I turn to the rationales for women-only spaces, arguing that there are eight independent rationales that together overdetermine the moral justification for maintaining particular spaces as women-only. I address a package of spaces, including prisons, changing (...) rooms, fitting rooms, bathrooms, shelters, rape and domestic violence refuges, gyms, spas, sports, schools, accommodations, shortlists, prizes, quotas, political groups, clubs, events, festivals, and terms. The arguments of these two sections taken together make a strong case against self-identification as the basis for legal sex (because legal sex will generally determine inclusion). In the last part of the paper, I address the objection that my conclusion was obtained through linguistic sleight of hand, which I answer by saying that choices about how to refer to transwomen don’t change the underlying fact that the basis for exclusion is generally sex, not gender identity. (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.

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 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)

Sex change surgery has been practised in Iran under Ayatollah Khomeini’s fatwa in 1982. Therefore, a medical and judicial process of transition has been regulated accordingly. However, this has not resulted in either the legalization of sex change surgery, nor in the recognition of transsexual identity within Iranian substantive law. Sex change surgery is allowed through Islamic law, rather than substantive law, in response to the existing social facts and norms, on the one hand, and structural cooperation with medical system, (...) on the other. In this article, I argue that the Iranian heteronormative law’s understanding of transsexuality has amounted to the misrecognition of trans persons’ status within law and society. Using semi structured interviews, intersectional content analysis, and feminist methodologies, the findings indicate that transsexual bodies have gained meaning through religious and medical discourses within a framework of power relations, and that Iranian transsexual persons have reconstructed and redefined gender and gender relations in a way that informs their understanding of gender and sexuality beyond the existing Islamic legal and social norms. Moreover, intersectional analysis of the interviews demonstrates how the legal misrecognition of transsexuality creates space for a discourse which in itself leads to the misrecognition of other gendered identities, such as homosexuals and transwomen. (shrink)

Due to its wide-ranging reservations and lack of effective enforcement mechanisms the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has failed to dismantle widespread and systemic discrimination. The present paper proposes a broad, theoretical, preventive and relational approach to creating and enhancing the effectiveness of novel interventions to accelerate gender equality. We describe the main elements of affective empathy (i.e. intersubjectivity, multisensory engagement and empathic embodiment) and identify potential interventions that build on those elements to (...) advance gender equality. We ultimately argue that increased empathy towards women, transwomen and girls is required to disrupt the beliefs and behaviours that lead to discrimination, and that these changes must be enacted alongside legislative reforms and community education that construct equality environments. Our affective empathy framework could have the capacity to operationalise the normative fight against gender stereotypes and inequality in line with article 5(a) of CEDAW. (shrink)

In ‘Fuzzy gender: between female embodiment and intersex’, Ashley Tauchert offers a ‘fuzzy’ model for gender. Her proposed model aims to account for the normative boundaries of sex and gender, especially between females, transwomen, and intersexuals, in terms of a ‘gender line’ on which different gender categories are located. This reply paper aims to clear the fuzziness in Tauchert’s model by pointing out two critical problems. First, her model appears to be self-defeating, since the marginalized gender categories it attempts (...) to empower are defined in terms of the hegemonic binarism of the ‘pure’ heterosexual male and the ‘pure’ heterosexual female, which it tries to dislodge. Second, her model implies an infinite number of possible gender categories along the gender line; being so, it becomes theoretically inert and practically inadequate. In lieu of the fuzzy model, this paper suggests an alternative model of thinking through the black/white and grey gender categories. This model utilizes the metaphor of gender galaxies, where each gender category is treated as an independent, socially-conferred galaxy; each having specific societal concerns and political agenda. This model, as will be argued, provides firmer grounding for the political aspirations of these various gender categories. (shrink)

I appreciate all of the commentaries as they raise a series of critical and constructive points. Due to limited space, I can only address some of the issues in brief ways. Knox and Anderson indicate that classification according to testosterone levels should be applied only at the elite level and with a more inclusive approach in amateur and recreational sport. Indeed, I agree, and this is also the case in the International Association of Athletics Federation's Differences of Sexual Development regulations (...) that hold only for international events. A second comment questions whether my use of the adjective ‘systemic’ adds meaning beyond what is already included in ‘stable inequality’. I find ‘systemic’ useful as it emphasises inequalities with effects more or less on the whole organism, but I am definitely open for improving the terminology. A third comment relates to whether inequalities must be inborn to justify classification. This is a valid point, and I need to be more precise. Inequalities need not be inborn. For instance, as Knox and Anderson note, stable testosterone levels can be outcomes of hormone therapy as in the case of elite transwomen athletes. Chambers challenges my view that sport is structured on a luck egalitarian principle. She points to significant impact of inequalities in …. (shrink)

This is a collection of essay on transgender issues: Law, Language, Sport, and Metaphysics. [3rd edition, extended and updated, 2023].

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)

Sex Matters addresses a cluster of related questions that arise from the conflict of interests between rights based on sex and rights based on gender identity. Some of these questions are theoretical, including: who has the more ambitious vision for women's liberation, gender-critical feminists or proponents of gender identity? How does each understand what gender is? What are the arguments for the refrain that 'trans women are women!', and do they succeed? Other questions taken up in the book are more (...) applied to specific issues in law and policy including: should there be a right to exclude people who are biologically male from women-only spaces? How do the interests of all stakeholders to bathrooms, in particular, trade off when it comes to moving from sex to gender identity as the basis for self-inclusion? If we think about types of transition, or gatekeeping requirements on transition, as providing assurance to women who are asked to accept the opening up of women-only spaces to transwomen, are any such assurances sufficient? Is 'TERF' a slur, as some radical and gender-critical feminists have claimed? And finally, is gender-critical speech 'hate speech', as it has been classified by some social media platforms, or at least harmful speech? -/- Holly Lawford-Smith discusses these issues in a series of essays, all but one of them previously unpublished. She takes an analytic philosophical approach to these issues, drawing on ideas from political philosophy, philosophy of biology, and philosophy of language, as well as second-wave feminist theory and empirical literature, to defend a gender-critical position in response to all of these questions. (shrink)

In 2013 the mayor's office of Bogotá organized the first ever Mujer T. The event, originally conceived as a beauty pageant, generated considerable controversy. Unexpectedly, however, most of the criticism came not from conservative groups, but from well-known cisgender feminist scholars who criticized the event from a traditional gender perspective. A heated debate about the needs, challenges, desires, and opportunities of trans women continued during the weeks prior to the event. The discussion played out through blogs, social media, and private (...) and public conversations. Nevertheless, although there was much talk about transwomen, there was little room for their voices. This article argues that because of the actors involved, the dynamics and content of the conversations, and the changes that took place in its aftermath, Mujer T 2013 highlights how trans people's bodies, expressions—whether related to gender, culture, or politics—and self-determination processes are intensely policed and contested, even by those whose explicit intent is to support and celebrate them. Therefore, understanding the dynamics of what happened around Mujer T 2013 has important lessons for the development of trans-inclusive policies and initiatives, feminist scholarship and practice, and institutional and societal change. (shrink)