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Transgender man wins women's 100 yd and 400 yd freestyle races.

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Comments

  • Moderators, Sports Moderators Posts: 29,815 Mod ✭✭✭✭Podge_irl



    This is quite clearly not true.

    Anyway, there are generally exceptions for discrimination on sex rather than gender in specific matters.



  • Registered Users, Registered Users 2 Posts: 11,867 ✭✭✭✭BattleCorp


    I've no idea who Casameyor is, sorry.

    Just to be clear, even though it looks like I am arguing for transwomen to be allowed to enter biological womens events, I am not. I'm just pointing out that the laws of many countries will be hurdles to overcome if transwomen are to be banned from biological womens events.

    Sporting bodies can introduce whatever rules they like but the laws of the countries will trump those. And if our laws says you can't discriminate against someone based on their gender, it will be difficult to ban transgender athletes from female events or to put them into their own separate category.



  • Registered Users, Registered Users 2 Posts: 7,871 ✭✭✭plodder


    They only trump FINA in their own countries. They can't tell FINA what to do in other countries. So, the worst case scenario would be FINA events taking place in countries with compatible laws, and maybe some countries unable to send competitors to it.



  • Registered Users, Registered Users 2 Posts: 11,867 ✭✭✭✭BattleCorp


    Sporting competitions have traditionally been divided based on biological sex, this is correct. But that's the sports rules and traditionally these haven't been challenged in the past because they make sense.

    Given recent enough law changes such as the Gender Recognition Act, those biological sex rules are now in a position to be challenged. Transgender people now have the same rights as everyone else. If someone born a biological male identifies as a female, in the eyes of the law they are female. I don't think the law defines any difference between identifying as female and being a biological female. Therefore they can argue that they should be allowed enter biological female sports.

    And once again I'll repeat that I'm not advocating for transwomen entering women's competitions, I'm just pointing out that there are legal hurdles such as the Equal Status Act etc. that may have to be overcome before transwomen can be excluded from women's sports.


    Thanks.

    I think it will be a minefield for international sport as there are different laws in every country.



  • Moderators, Sports Moderators Posts: 29,815 Mod ✭✭✭✭Podge_irl


     I don't think the law defines any difference between identifying as female and being a biological female.

    I don't know of any anti-discrimination/gender recognition legislation that does not cover exceptions. The Irish one certainly does. Whether it would cover sport is probably a matter for the courts as it is not explicit.



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  • Registered Users, Registered Users 2 Posts: 30,137 ✭✭✭✭breezy1985


    The Catholic church has gender rules in Ireland so why do you keep thinking that sports can't ?

    All sports have age category too so clearly the law has many loopholes.



  • Registered Users, Registered Users 2 Posts: 11,867 ✭✭✭✭BattleCorp


    I'll repeat that I'm not advocating for transwomen entering women's competitions, I'm just pointing out that there may be legal hurdles such as the Equal Status Act etc. that may have to be overcome before transwomen can be excluded from women's sports.

    I acknowledge that I could be 100% wrong on the above, that's why I said 'may be' legal hurdles. I'd be surprised if I'm not somewhat right given the way our laws are written.

    I can see the courts being busy ruling on this stuff in the near future.



  • Registered Users, Registered Users 2 Posts: 2,808 ✭✭✭StrawbsM


    Remember we all had to vote again on the Lisbon treaty because we didn’t understand what it meant? I think the Gender Equality Act should be put to a vote again as it was completely overlooked by the SSM vote.



  • Registered Users, Registered Users 2 Posts: 696 ✭✭✭Housefree


    You could end up in a position that a massive financial incentive is created for lower level male athletes to transition (or claim to) and dominate women's sports



  • Posts: 6,775 ✭✭✭ [Deleted User]


    And they argue that trans women have sufficiently reduced testosterone to compete on a level-playing field.

    But look at how Lia Thomas performed in the Men's competition compared to the Women's competition:

    During the last season Thomas competed as a member of the Penn men’s team, which was 2018-19, she ranked 554th in the 200 freestyle, 65th in the 500 freestyle and 32nd in the 1650 freestyle.

    As her career at Penn wrapped, she moved to fifth, first and eighth in those respective events on the women’s deck.

    If testosterone were the only major factor at play, we wouldn't have seen this enormous jump in rank.

    But even if this could all be ironed out, which it won't, it still doesn't even begin to touch the question that for every place a biological male takes in these competitions, it means a biological female has lost out - who had perhaps been training for many years to secure that spot.

    No amount of testosterone reduction can undo that fundamental injustice.



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  • Registered Users, Registered Users 2 Posts: 712 ✭✭✭mjsc1970


    But *gender* in this instance is synonymous with Sex i.e Gender is another word for Sex.

    They don't mention Sex. But they should instead.



  • Registered Users, Registered Users 2 Posts: 30,137 ✭✭✭✭breezy1985


    You keep saying you may be wrong but then keep repeating it with the clarity of someone very sure of their convictions despite many people telling you you are wrong.

    Sports can set rules. They did before do now and will in the future so you are just wrong on your idea that it's against the law.



  • Registered Users, Registered Users 2 Posts: 11,867 ✭✭✭✭BattleCorp



    You are correct, sports can set rules. And yes, they did before now and will into the future. But those rules have to be in accordance with the laws of the Country they are taking place in. Remember laws trump rules.

    Let me ask you two questions, both from an Irish context.

    If the FAI came out and said it was banning black players from playing for Ireland, do you think it would be legal here in Ireland to do so? I think we'd all agree that it's illegal for them to do that because you can't discriminate based on race. It's one of the 9 protected characteristics here in Ireland.

    Yet I'm shot down for making the same argument when it comes to transgender athletes taking part in sport. Gender is also a protected characteristic here in Ireland and it is illegal to discriminate on such a basis. So if you ban a transgender athlete, are you discriminating against them because of their gender? This is the part I'm not sure of. On the face of it, it looks to me like it could be discrimination. It's certainly arguable. I certainly wouldn't dismiss it out of hand like you have done.

    And yes, I know the point has been made that the Catholic Church don't allow women priests and I also don't know if that is legal or not.



  • Posts: 6,775 ✭✭✭ [Deleted User]


    If these kinds of rulings get overturned on that kind of basis, then we'd need to seriously unpack the Gender Recognition Act to ensure that women's sport remains sealed and protected.



  • Moderators, Sports Moderators Posts: 29,815 Mod ✭✭✭✭Podge_irl


    There are exceptions in equality law to allow for "discrimination" against transgender people (e.g. in housing). There is not for black people - so it is not a particularly good comparison.

    The distinction between women and transwomen remains in law.



  • Registered Users, Registered Users 2 Posts: 11,867 ✭✭✭✭BattleCorp


    Agreed. There needs to be protections for women's sports, 100%.

    Generally exceptions have to be written into the law.

    Is there an exception written into the law to allow for "discrimination" against transgender people in sport?

    I'm always keen to learn. What laws discriminate against transgender people when it comes to housing?



  • Registered Users, Registered Users 2 Posts: 14,698 ✭✭✭✭BlitzKrieg


    What financial incentive? The vast majority of financial incentive in sports is with sponsorship, actually winning a gold medal at something like the Olympics well net you $40,000 dollars at most. if you want millions you'll need to be making sponsorship deals. With the current situation sponsorship for a trans athlete will mostly be a peanuts around pride month (and most sponsors find it easier and less controversial to go with a gay or lesbian athlete) and nothing any other time of the year due to the controversary and that is being generous very very generous.


    Even if we were in a hypothetical scenario where there was no controversary you'll still be dealing with male athletes vastly outnumber female athletes in sponsorship. There are only 2 women in the top 50 paid athletes (both in tennis) and I can see trans athletes falling in behind even lower on the totem poll in terms of pay gap. The possible jump in performance table wise will not see an equivalent jump in financial gain in most cases.


    In terms of the reverse, a female athlete transitioning to male, there would arguably be a financial incentive, but as many would argue here there would be no actual performance benefit, in fact you could argue there is more a financial incentive there now seeing as Schuyler Bailar is much less controversial then Lia Thomas and it does appear he's picked up a few endorsements and sponsors here and there, though that might be more as a speaker then a swimmer.



  • Moderators, Sports Moderators Posts: 29,815 Mod ✭✭✭✭Podge_irl



    In retrospect I think I read it wrong. You can discriminate based on gender for housing, but whether that allows you to distinguish transwomen specifically I do not know (and would probably lean towards no). Exceptions nonetheless can be quite broad - the UK allows single sex spaces were reasonably necessary, it then is up to the courts to decide if certain scenarios fall under that.

    Anyway, sports bodies are well used to handling such issues across multiple legal frameworks - existing restrictions on naturally produced hormones being one example. I agree that legal cases are inevitable, but they are not uncommon anyway.



  • Registered Users, Registered Users 2 Posts: 40,416 ✭✭✭✭Mellor


    The rules don't discriminate based on gender.

    Anyone who goes through a male puberty must compete in the men's division.

    Anyone who does not, can compete in the women's division.

    Everyone can compete in the open division where availible.

    The above applies regardless of what gender somebody is. Same rules for all.



  • Posts: 6,775 ✭✭✭ [Deleted User]


    I don't agree with this at all.

    A biological male, even if he doesn't go through puberty, is still not a biological female.

    Remember; this isn't just about "fair competition"; it's also about the fact that biological females should never, under any circumstances, lose out their place because of a biological male.



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  • Registered Users, Registered Users 2 Posts: 30,137 ✭✭✭✭breezy1985


    The FAI would be told it's illegal because there is no valid reason to ban black people.

    Age and gender categories have a valid reason. You are not "being shot down" you are being told you are wrong because you are wrong.

    And you are talking waffle of you "don't know" whether or not what the church do is legal. You think there wouldn't be court cases every day if it wasn't.



  • Registered Users, Registered Users 2 Posts: 4,177 ✭✭✭Fandymo


    Racism has nothing to do with transgenderism. They are not discriminating against anyone. They have put in a category for men dressed as women. Same way it’s not discrimination to stop men competing against women. Or me from playing U-13s due to age discrimination.



  • Registered Users, Registered Users 2 Posts: 4,177 ✭✭✭Fandymo


    How many FINA events have ever been held in Ireland, or are likely to be??



  • Posts: 6,775 ✭✭✭ [Deleted User]


    Well, the world's most famous transwoman - Caitlyn Jenner - and former Olympian herself, has welcomed the decision of FINA.

    So this isn't a debate about how the "trans community" are victimised by such decisions and need their "rights" to correct this; it's about common sense that even trans women support, including Olympian trans women, like Jenner.

    As a former professional sportsperson and trans- person, she is acutely aware - more than most - of the significance and danger of allowing biological males to compete against women.

    I'd trust Jenner's judgment on this question far more than some random, angry, loud, abusive trans activist lobby.



  • Registered Users, Registered Users 2 Posts: 2,808 ✭✭✭StrawbsM




  • Posts: 6,775 ✭✭✭ [Deleted User]


    Queen Maeve is bonkers.

    Here's what a trans woman (Lia Thomas), who passed through puberty, looks like compared to biological females.

    Anyone who denies that inherent physical advantages exist is living in cloud cuckoo land.

    _123815687_liathomas_getty.jpg




  • Registered Users, Registered Users 2 Posts: 40,416 ✭✭✭✭Mellor


    You don't agree that those are the rules? Well, they clearly are. Are you they does new rules do discriminate based on gender? How?

    A biological male, even if he doesn't go through puberty, is still not a biological female.

    Correct, they are a transwomen. Nobody is claiming they are biologically female.

    Remember; this isn't just about "fair competition"; it's also about the fact that biological females should never, under any circumstances, lose out their place because of a biological male.

    It's entirely abut fairness. The entire reason trans athletes shouldn't be allowed to compete in women's division is due to retain advantages. That's a very sensible view, that even some trans people support.

    What does losing out on a "place" mean? Why is losing to a biological male with no advantages unfair. Is losing to a biological female who had better training also unfair? It's very hard to make a case for that that isn't simply back by discrimination.



  • Posts: 6,775 ✭✭✭ [Deleted User]


    Because the competition is designed for biological females.

    By definition, biological males should not compete - even if they were guaranteed to come last every single time.

    They're taking a biological female's place, and that is unacceptable.

    And vice versa, a biological female should not compete against an elite biological male boxer even if she was guaranteed to lose every single time - irrespective of how they identify.



  • Registered Users, Registered Users 2 Posts: 11,867 ✭✭✭✭BattleCorp


    The FAI can only be told it's illegal if there's a law that says it's illegal. And there is a law that says it's illegal. Race is one of the 9 protected characteristics so that's why the FAI can't discrimate against black people. It has nothing whatsoever to do with a valid reason. It's either written in law or it's not written in law.

    All I'm arguing is that the same law that applies to discrimination against black people also possibly applies to discrimination against transwomen seeing as gender is one of the 9 protected characteristics that are enshrined in our law here in Ireland. It all depends on whether Irish law distinguishes between transgender women and biological women. And I'm not sure that it does make that distinction.

    You might think I'm wrong or talking waffle and and I'm fine with that. It'll take court cases to prove me either right or wrong. Time will tell.



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  • Registered Users, Registered Users 2 Posts: 11,867 ✭✭✭✭BattleCorp


    Not a notion to be honest.

    I'm in absolute agreement with the FINA rules though. That's what should happen across the board, in all sports, at both amateur and elite levels.



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