With recent controversies surrounding the eligibility of athletes with disorders of sex development and hyperandrogenism, as well as continued discussion of the conditions transgender athletes must meet to compete in high-performance sport, a wide array of scholars representing a diverse range of disciplines have weighed in on both the appropriateness of classifying athletes into the female and male categories and the best practices of doing so. In response to cases of high-profile athletes’ sex being called into question, the International Olympic (...) Committee, the International Association of Athletics Federations, and the National Collegiate Athletics Association, among others, published or updated policies addressing who is eligible to compete in the women’s sport category and under what conditions. This paper addresses the areas in which philosophical reasoning and ethical analysis can contribute to reopened debates about the surveillance of the women’s category in sport. Emphasis is placed on determining where the onus of responsibility should fall for ensuring the new policies are followed. (shrink)

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

A survey of the philosophy of sport literature reveals that arguments regarding the issue of sex segregation in athletics have been advanced from time to time, but there has been little sustained discussion, no consensus, and no change in existing practice. In this paper, an effort to advance the conversation, I begin with Jane English’s seminal 1978 article as a springboard and employ existing literature on the question of sex segregation in order to raise difficulties with English’s analysis and outline (...) the basic alternative positions that have been taken on the issue. My own contribution to the conversation is in the introduction of four distinctions – between individual and team sports, direct and indirect competition, contact and non-contact sports, and amateur and professional sports – that have not been part of the discussion about the conditions under which men and women might compete against one another. These distinctions resolve several difficulties noted by others and suggest a more nuanced conclusion about desirable changes to the structure of sporting competition. (shrink)

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)

(2009). On being ‘probably slightly on the wrong side of the cheating thing’. Sport, Ethics and Philosophy: Vol. 3, No. 3, pp. 283-285. doi: 10.1080/17511320903364063.

According to the Differences of Sex Development Regulations of the International Association of Athletics Federations, Caster Semenya and other athletes with heightened testosterone levels are considered non-eligible for middle distance running races in the women’s class. Based on an analysis of fair equality of opportunity in sport, I take a critical look at the Semenya case and at IAAF’s DSD Regulations. I distinguish between what I call stable and dynamic inequalities between athletes. Stable inequalities are those that athletes cannot impact (...) or control in any significant way such as inequalities in biological sex, body size and chronological age. Dynamic inequalities, such as inequalities in strength, speed and endurance, or in technical and tactical skills, can be impacted and to a certain extent controlled by athletes. If stable inequalities exert significant and systematic impact on performance, they provide a rationale for classification. If high testosterone level is an inborn, strong and systemic driver of performance development, inequalities in such levels can provide a rationale for classification. As is emphasised by the Court of Arbitration for Sport, this leads to a dilemma of rights: the right of Semenya to compete in sport according to her legal sex and gender identity, and the right of other athletes within the average female testosterone range to compete under fair conditions. I conclude with providing conditional support of the CAS decision in the Semenya case and of IAAF’s DSD Regulations. (shrink)

In this paper, we argue that there are important differences between playing and non-playing roles in sport. The relevance of sex differences poses genuine philosophical and ethical difficulties for feminism in the context of playing sport. In the case of non-playing roles in general, and officiating in particular, we argue that reference to essential differences between men and women is irrelevant. Officiating elite men?s football is not a role for which ?essential? (psychological and biological) differences are causally implicated neither in (...) competence nor excellence. Reference to such purported differences to justify the exclusion of women from roles such as officiating is unfounded and sexist. (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 Football Association has been under pressure to allow girls to play in mixed teams since 1978, following 12-year old Theresa Bennett’s application to play with boys in a local league. In 1991, over a decade after Bennett’s legal challenge, the FA agreed to remove its ban on mixed football and introduced Rule C4 in order to permit males and females to play together in competitive matches under the age of 11. More recently, following a campaign by parents, coaches, local (...) Members of Parliament and the Women’s Sport Foundation, the FA agreed to trial mixed football for the under-12 to under-15 age categories in order to establish, among other things, the risk of injury to players in sex-integrated competitions. A series of exponential changes ensued: between 2010 and 2014, the age at which mixed football was permitted increased from U11 to U16. In 2015, the FA announced the decision to raise the age limit on mixed football from U16 to U18 for the forthcoming 2015–2016 season. We critically examine th... (shrink)

The Caster Semenya debacle touched off by the 2009 Berlin World Athletics Championships resulted finally in IOC and IAAF abandonment of sex testing, which gave way to procedures that make female competition eligibility dependent upon the level of serum testosterone, which must be below the male range or instrumentally countered by androgen resistance. We argue that the new policy is unsustainable because (i) the testosterone-performance connection it posits is uncompelling; (ii) testosterone-induced female advantage is not ipso facto unfair advantage; (iii) (...) the new policy reflects the gender policing impulses endemic to sport as well as the broader cultural impulses to monstrify women and to doctor women who have nothing wrong with them; (iv) female?male performance disparities are not the only reason for sex-segregated sport, but co-exist with respectable cultural and practical reasons, which (v) provide a powerful case for allowing athletes to compete in the sex category congruent with their gender identity. (shrink)

Lacking in the philosophy of sport is discussion of the gendered numbers of sets played in Grand Slam tennis. We argue that the practice is indefensible. It can be upheld only through false beliefs about women or repressive femininity ideals. It treats male tennis players unfairly in forcing them to play more sets because of their sex. Its ideological consequences are pernicious, since it reinforces the respective identifications of the female and male with physical limitation and heroism. Both sexes have (...) compelling reason to reject the practice. (shrink)

The paper departs from an analysis of the case of Michelle Dumaresq, a transgender female downhill mountain biker who experienced marginalization within her sport. The analysis is based on Axel Honneth’s theory of recognition. The Dumaresq case is particularly relevant to Honneth’s ideas of solidarity, which provide insight into the dynamics of social integration. Honneth’s theory of recognition also provides a conceptual framework and a methodology that gives new perspectives on the ethical significance of sport. In the paper, an analysis (...) is presented of the lack of solidarity experienced by Dumaresq. The argument is made that sport has a particular potential for realizing solidarity among its practitioners. Realizing solidarity however depends to a large degree upon that the rules of sport are perceived as fair and just. In the Dumaresq case, challenges to solidarity came from what her competitors considered to be unfair classification rules. Summing up, it is argued that, as long as the rules of a spor.. (shrink)

This article examines Sheila Jeffreys’ analysis of the UK’s Gender Recognition Act (GRA) and her critique of trans identities. Situating her position within a wider radical feminist perspective, I suggest that her arguments against the GRA are grounded in a problematic understanding of sex and gender. In so doing, I defend how sex and gender are understood in the GRA. Furthermore, I show that radical feminist concerns about sex reassignment surgery and the complicity of trans individuals with stereotypical gender norms (...) are unwarranted. By highlighting the importance of attending to the embodied dimensions of sex and gender, I offer a partial defence of the UK’s GRA. In particular, I note the benefits that it can offer to trans individuals, although I suggest ways in which the GRA can be improved. Finally, I challenge radical feminists who see trans theory and identities as inimical to the goals of feminism. (shrink)