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

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Comments

  • Registered Users, Registered Users 2 Posts: 25,230 ✭✭✭✭One eyed Jack



    Funily enough there is absolute no sign or trace of that happening whatsoever.


    It’s hardly unusual or surprising that a legal challenge hasn’t been raised when Irish sporting organisations don’t discriminate against people on the basis of gender, they’re pretty inclusive that way, not to mention that people who are transgender are rare enough in Irish society, and even more rare is the number of people who are transgender who actively participate in any sport. There was a recent incident involving a person who is transgender who was participating in sport, and other people who didn’t want them to compete against them. That wasn’t the organisation discriminating against them though, it was people who wanted the organisation to discriminate against them.

    No idea how it turned out, but nobody is likely to pursue a legal challenge to not being discriminated against. I wouldn’t put it past someone though, like that chap who complained on social media because he hadn’t been discriminated against! 😳

    https://gript.ie/male-trinity-student-comes-2nd-in-womens-race/

    Oddball 🙄



  • Registered Users, Registered Users 2, Paid Member Posts: 4,155 ✭✭✭Enduro


    You are factually incorrect. For example, the IRFU clearly limit entry to the female category based on sex assigned at birth, irrespective of gender :

    Edited to add... they also clearly indicate that there are 2 Irish transwomen who are affected by these rules. That also makes your hypothesis that no one is actually affected in the real world factually incorrect.

    Those 2, and anyone else, are free to challenge the rules on that basis. Nobody, including sports bodies, is bound to operate under your perspective until someone gets that perspective established through a court ruling. Funnily enough, there is absolutely no sign or trace of that happening whatsoever.



  • Registered Users, Registered Users 2 Posts: 14,688 ✭✭✭✭Frank Bullitt


    Right, thanks for that.

    So where does it say that the sports/games have to be "equal" though? People can participate but where does your stance on equality stand? You have barked on about equal rules etc but yet again, it seems like it is just a bunch of hot air from you.

    Clearly as it stands, keep sport segregated by sex is the fairest approach with equality and safety for males and females adhered to.

    I have asked before, I will ask again, how would you change these rules to make it more equal? Please at least try answer that.



  • Registered Users, Registered Users 2 Posts: 25,230 ✭✭✭✭One eyed Jack



    That’s ONE organisation in Ireland which have updated their policies only recently! How many sports organisations do you think there are in Ireland?

    I didn’t say nobody was affected either - you stated that it was funny there wasn’t a case. I pointed out that it isn’t unusual that there isn’t a case when Irish sporting organisations don’t discriminate against people on the basis of gender, meaning that they’re already inclusive, there wouldn’t be a case, unlike the few cases there have been in employment for example where employers have been found to be in breach of equality legislation.

    The ‘perspective’ as you put it, is already established in Irish law where organisations ARE permitted by law to discriminate in circumstances where there are reasonable grounds for doing so. I wouldn’t expect there to be a case any time soon either, not only because sporting organisations are already inclusive, but because of the negative consequences for any individual who chooses to pursue a case against an organisation where they feel they have been the victim of unlawful discrimination. Most people who experience discrimination are acutely aware of the fact that they’re in a poor position to be able to do anything about it, even if they did qualify for free legal aid, as Lydia Foy did when they pursued a legal challenge to the discrimination perpetrated by the State, which is how the GRA came into Irish law. Only took 20 years.



  • Registered Users, Registered Users 2 Posts: 25,230 ✭✭✭✭One eyed Jack



    I’ve answered your question already, numerous times, and unlike what you appear to be doing, my answer is based upon reality, as opposed to pulling ideas out of my arse and expecting them to fly.

    Equality legislation is intended to prohibit unlawful discrimination. Organisations are free to structure their competitions and activities however they wish as long as they are compliant with Irish and international Human Rights law. In areas where anyone is discriminated against on any of the nine grounds, is where I would seek changes to the rules of the organisation.

    Theres no such concept as “more equal”, it’s inherently contradictory. There is such a concept as eliminating unjust discrimination, which is where there are rules which exist which place an unfair burden on any individual or group in Irish society. You’re perfectly capable of wrapping your head around that concept, but it’s becoming apparent you’d prefer to pretend you can’t.



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  • Registered Users, Registered Users 2, Paid Member Posts: 4,155 ✭✭✭Enduro


    Are you saying that excluding anyone from participating in the female category whose sex is not assigned female at birth (THe stated IRFU policy) is in fact not discriminatory? A Straightforward yes or no is all that is required here. Not a ream of irrelevance. Either it is or it isn't.

    Example answer from me : My opinion is that it is not discrimination.



  • Registered Users, Registered Users 2 Posts: 25,230 ✭✭✭✭One eyed Jack



    It IS discrimination, obviously.

    The question is whether it’s unlawful, and I don’t think it is. Other people are entitled to think it is unlawful, which is the point you were making earlier in relation to anyone being entitled to pursue a legal challenge, which I’m certain everyone is aware of already. I just didn’t want to be rude and make the point that you were stating the obvious.



  • Registered Users, Registered Users 2, Paid Member Posts: 4,155 ✭✭✭Enduro


    So if you don't think it is unlawful then all sports are free to implement the same broad policy, in your opinion. And indeed international governing bodies, such as FINA and World Athletics have already done so. The broad policy being sex-defined rules for deciding access to the female category.

    Thank you for the straight answer. We obviously disagree on that. In both cases that is just personal opinion.

    Hopefully, you'll agree that the rules and laws are what really count in the real world. If those rules are in fact perfectly legal, we're all good. I've no problem accepting you disagree with the rules, but I'm happy to hear that you think they are legally sound and therefore do not meet the required legal criteria to be discrimination on the grounds of gender.



  • Moderators, Sports Moderators, Paid Member Posts: 32,825 Mod ✭✭✭✭Podge_irl


    The question is whether it’s unlawful, and I don’t think it is

    Do you think its immoral?



  • Registered Users, Registered Users 2 Posts: 25,230 ✭✭✭✭One eyed Jack



    I’d say come back with those goalposts, but you’re already well out of earshot 😂



    Probably the worst person to be asking about morals, I don’t have any 😂

    But seriously though, I wouldn’t put it in those terms. I think it’s unreasonable and irrational, and if the only way it can be justified is by appealing to people’s prejudices, then it becomes a bit more complex because it’s a question of whether the person is knowingly telling lies, or whether they’re just ignorant.

    The latter is understandable, forgivable even. The former- not so much.



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  • Registered Users, Registered Users 2, Paid Member Posts: 4,155 ✭✭✭Enduro


    I have no idea why you think I'm moving golaposts. I've acknoweldged the contents of your answer. Tell me if I have got any of this wrong:

    (1) It's your opinion that the IRFU's policy to restrict access to the female category on the basis of sex assigned at birth is legally sound.

    (2) It's your opinion that that same policy is discriminataory.

    (3) by virtue of (1) the policy does not meet the legal criteria for discrimination on the grounds of gender.

    (4) by virtue of (1) and (3) there is no legal impediment to other sports bodies implementing broadly similar rules restricting access to the female category on the basis of sex-based (as opposed to gender based) rules.

    Tell me which of those 4 things I have wrong, and which of them are moving goalposts. I've numbered them to make answering the question for clarity as straighforward as I can. Hopefully you will respond in good faith again.



  • Moderators, Sports Moderators, Paid Member Posts: 32,825 Mod ✭✭✭✭Podge_irl



    You think its unreasonable and irrational to not allow those who have undergone male puberty and have a significant physiological advantage over women to compete with them in a sport that involves collisions and where speed and strength are fundamental aspects?

    But you don't think its unreasonable and irrational to completely alter the rules of the sport to the point it is unrecognisable so that those significant physiological advantages don't play a role? Because that is what you suggested earlier. Even if it were physically possible which I don't think it is, you would need the sport to not rely at all on speed or strength - so it would not really be a sport anymore. Its fairly clear you neither care about nor really understand sport.

    I am neither knowingly telling lies, not just ignorant of the issues at play here - I am as aware of the issues as someone with a passing interest who reads what studies are available can be. You are welcome to claim my view is based on prejudices instead if you so choose I guess.



  • Registered Users, Registered Users 2 Posts: 25,230 ✭✭✭✭One eyed Jack



    It’s the bit in (4) where you’ve taken the goalposts and ran with them by stating that by virtue of (1) and (3) there is no legal impediment to other sports bodies implementing broadly similar rules, etc. The legal impediment hasn’t gone anywhere, it still exists in Irish law, and it’s exactly what would impede other sports bodies from implementing broadly similar rules.

    FWIW in terms of Irish law, there wouldn’t be any distinction made between sex and gender in terms of whether or not the discrimination is unlawful. It would depend upon the circumstances whether or not it would or could be considered unlawful discrimination.

    In reality, our opinions wouldn’t be worth shìt in a Court of Law. It would be entirely up to the Courts to interpret how Irish law applies in any particular case if someone were to pursue a legal action on the basis that they claim to have been the victim of unlawful discrimination. There’s just no way for anyone to know beforehand whether they would be successful or not.



  • Registered Users, Registered Users 2, Paid Member Posts: 4,155 ✭✭✭Enduro


    OK then...

    Can you explain to me how you think it is legally sound for the IRFU to have rules restricting access to the female category on the basis of sex-based, as opposed to gender-based, rules, but it would not be legally sound for other sports bodies to implement rules restricting access to the female category on the basis of sex-based, as opposed to gender-based, rules.

    I agree entirely with your last paragraph. No dispute there! I think the opinion you express in the second paragraph falls under the 3rd paragraph's "not worth **** in a court of law", just as much as everything else. My opinion is that an Irish court will be well capable of distinguishing between gender and sex (in legal, as well as real-world terms). (Also subject to paragraph 3 there of course)



  • Moderators, Sports Moderators, Paid Member Posts: 32,825 Mod ✭✭✭✭Podge_irl


    FWIW in terms of Irish law, there wouldn’t be any distinction made between sex and gender in terms of whether or not the discrimination is unlawful.

    This is not correct. There are exemptions so that in certain circumstances a distinction can in fact be made. Whether or not a specific rule falls under that distinction is up to the courts.



  • Registered Users, Registered Users 2 Posts: 25,230 ✭✭✭✭One eyed Jack



    Its fairly clear you neither care about nor really understand sport.

    Given the way you’re misrepresenting my opinion, I can understand why you’re of the opinion I neither care nor really understand sport. I’m not entirely certain you’re doing so deliberately either. Do you reckon Chris Mosier neither cares about nor really understands sport?

    I am neither knowingly telling lies, not just ignorant of the issues at play here - I am as aware of the issues as someone with a passing interest who reads what studies are available can be. You are welcome to claim my view is based on prejudices instead if you so choose I guess.

    I wasn’t referring to you! 🤨 I was referring to grifter types who knowingly peddle misleading and false claims about other people in an attempt to appeal to prejudices they hope exist in other people.



  • Registered Users, Registered Users 2 Posts: 25,230 ✭✭✭✭One eyed Jack



    It is correct. The exemptions you’re referring to are lawful exemptions, and therefore do not constitute unlawful discrimination. There wouldn’t be any distinction made between sex and gender -

    The Equal Status Acts 2000-2018 (‘the Acts’) prohibit discrimination in the provision of goods and services, accommodation and education. They cover the nine grounds of gender, marital status, family status, age, disability, sexual orientation, race, religion, and membership of the Traveller community. In addition, the Acts prohibit discrimination in the provision of accommodation services against people who are in receipt of rent supplement, housing assistance, or social welfare payments.

    The Acts prohibit discrimination subject to some exemptions, in access to and use of goods and service, including indirect discrimination and discrimination by association, sexual harassment and harassment, and victimisation. The Acts allow positive action to promote equality for disadvantaged persons or to cater for the special needs of persons.

    https://www.ihrec.ie/guides-and-tools/human-rights-and-equality-in-the-provision-of-good-and-services/what-does-the-law-say/equal-status-acts/



  • Moderators, Sports Moderators, Paid Member Posts: 32,825 Mod ✭✭✭✭Podge_irl


    I wasn’t referring to you! 🤨 I was referring to grifter types who knowingly peddle misleading and false claims about other people in an attempt to appeal to prejudices they hope exist in other people.

    yes, these people exist and they clearly use sport as a wedge issue at times. Its a big landscape in the "culture war" nonsense. But a large part of why they are able to use it as a wedge issue is because others utterly refuse to accept that there is a scientific and reasonable basis for worrying about the position of transwomen in sport. There is a reason it has become a touchstone and its because restrictions on transwomen in female sport is generally supported even in populations where they are overall supportive of trans rights. It is ultimately two obstinate extremes egging each other on (regardless of the fact one of those extremes may be more dangerous than the other).

    Given the way you’re misrepresenting my opinion

    What am I misrepresenting? You seem to think its plausible or even possible for bodies such as World Rugby to alter the sport so that the discrepancy between males and females won't be an issue? That would require ending sport as we know it.



  • Registered Users, Registered Users 2, Paid Member Posts: 4,155 ✭✭✭Enduro


    Just to go from the theoretical to the real world. Swim Ireland's eligibility for entry to the female category is explicitly sex-based and explicitly not gender-based. Can you explain to me why this is not legally sound?




  • Registered Users, Registered Users 2 Posts: 25,230 ✭✭✭✭One eyed Jack



    The reason they’re able to use it as a wedge issue is simply because more people are becoming more aware of the concept of being transgender. Not too many people actually care about the obstinate extremes as they don’t really give a toss for the culture wars nonsense.

    There you go again with the appalling vista stuff that there’s simply no basis for it given the way sports have developed and evolved over centuries and millennia and they haven’t fallen apart or changed beyond all recognition. There simply aren’t enough people who are transgender in society to even make any sort of a sizeable impact on any of the thousands of sports which exist. You want to zero in on the sports where you can only see issues arising, as though there aren’t discrepancies which exist within the sport as it currently exists.

    I’m not any more comfortable with the idea of men being pummelled either, by anyone who is capable of doing so, regardless of their sex or gender. By way of example, it would clearly be an unfair contest to expect Conor McGregor to fight Mike Tyson. There wouldn’t be enough of McGregor left to scrape into a doggie bag to take home!



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  • Registered Users, Registered Users 2 Posts: 14,688 ✭✭✭✭Frank Bullitt


    You haven't answered a single question, not one. You are trying to play me for a fool, you talk utter rubbish, make claims, never back them up at all, post some long winded post and a few links and think you have made a point. You don't have anything of relevance to contribute to here in the slightest.

    So I will ask again, and I will reword it so you can't easily snake your way out of it. How would you "eliminate" discrimination in sports, if there are any? If competitors are being discriminated again, what measures would you seem to change the rules. Please answer that, you have not answered it.

    I have stated my position time and time again, separating sports by biological is not only fair, but safe due to the massive physiological differences between the sexes. Simple.



  • Registered Users, Registered Users 2 Posts: 25,230 ✭✭✭✭One eyed Jack



    I’m not a mind-reader. Can you explain why you think it’s not legally sound?



  • Moderators, Sports Moderators, Paid Member Posts: 32,825 Mod ✭✭✭✭Podge_irl


     You want to zero in on the sports where you can only see issues arising

    It is an issue in every single sport.

    There is not currently a sport I can think of where (biological) males do not have an inherent advantage. Some of the few sports that come up as a counter-example tend to be incredibly niche sports where there is poor participation levels. Even if a few sports do show to be counter-examples, it would remain the overwhelming reality that those who have undergone male puberty have a massive, unconquerable advantage over those who have not.

    The only difference is in sports where it becomes a health and safety risk as opposed to a mere fair competition one.



  • Registered Users, Registered Users 2, Paid Member Posts: 17,905 ✭✭✭✭astrofool


    esports is one area that generally doesn't segregate but is absolutely dominated by males (but does have a few females competing near the top), I could see them adding female categories in the future to encourage participation.

    But it's interesting that the argument has become "human rights" and that they have to modify sports to make it "fairer", Kurt Vonnegut already made a satirical film which covers this:




  • Moderators, Sports Moderators, Paid Member Posts: 32,825 Mod ✭✭✭✭Podge_irl


    Yeah, for sure. This is an area that demonstrates the multitude of reasons for segregation - in esports case I would say its more to drive participation and have "safe" spaces for female competitors. It would not be hard to argue that in those scenarios there is no reason to have concerns over transwomen participation (there will still be some disagreement, and they're not totally without merit, but all in all it would seem fine to me at least).

    Whether you even consider that sport is a whole other argument I won't be getting into!



  • Registered Users, Registered Users 2, Paid Member Posts: 4,155 ✭✭✭Enduro


    This is what you said :

    "It’s the bit in (4) where you’ve taken the goalposts and ran with them by stating that by virtue of (1) and (3) there is no legal impediment to other sports bodies implementing broadly similar rules, etc. The legal impediment hasn’t gone anywhere, it still exists in Irish law, and it’s exactly what would impede other sports bodies from implementing broadly similar rules."

    By saying that I was incorrect to assert that another governing body could bring in similar sex-based rules for eligibility to the female criteria you are therfore saying that there is in fact a legal impeiment to other governing bodies bringing in rules restricting entry to the female category on the basis of sex-based criteria as opposed to gender based criteri.

    I have now given you a real world example of such a governing body having sex-based criteria and explicitly ruling out having gender based criteria. So please explain to me YOUR opinion that this is not legally sound.

    You are free to accept that your opiion that my point (4) was wrong or was too hasty and that I was not in fact moving goal posts but was correct in my point (4). Otherwise I have just given you a real world example of point (4). Are you going to stand over your opinion or are you going to change your mind (My bet is that you will run away from answering)?

    If you think that the rest of us are too stupid to remember your previous posts, and we will just not realise when you are being evasive or contradicting yourself you are very wrong indeed.



  • Registered Users, Registered Users 2 Posts: 25,230 ✭✭✭✭One eyed Jack



    The only difference is in sports where it becomes a health and safety risk as opposed to a mere fair competition one.


    Oh stop it with the health and safety risk nonsense when you were willing to dismiss the idea earlier of having all players wear protective gear on the basis that most players wouldn’t want to wear it! I know well for example why some lads don’t want to wear helmets, “helmets are for sissys”, etc. You really think people aren’t aware of the excuses because they’re not elite athletes or something, of course they are, because they’re members of a society which doesn’t give a flying fcuk about science, and neither do you.



  • Moderators, Sports Moderators, Paid Member Posts: 32,825 Mod ✭✭✭✭Podge_irl


    when you were willing to dismiss the idea earlier of having all players wear protective gear on the basis that most players wouldn’t want to wear it!

    You've just completely made this up. I never even commented on protective gear one way or the other.

    That outright fabrication aside, you don't understand protective gear in sports very well either. There is no protective gear that would eliminate the physiological advantages of male puberty, but even on a safety level there is none that would eliminate the safety risk either. There is a recent ex professional rugby player (Sean O'Brien) currently playing in semi-pro to amateur level in Ireland that was not allowed play below a certain level (i.e. he couldn't play for his childhood team - Tullow) as it was deemed unsafe. Do you think that is discrimination?



  • Registered Users, Registered Users 2, Paid Member Posts: 17,905 ✭✭✭✭astrofool


    At the professional and top level, protective gear is also used offensively (i.e. American Football), it's one of the reasons rugby doesn't use any "hard" protection. Even if you put the players in a protective bubble, the more physical players will try and use them accordingly. Soccer is non contact, but females are not even at the races compared to the men's game, tennis is completely non contact and would have 0 safety issues (there is already mixed doubles) but females are uncompetitive against males, pushing for a single category would mean no professional female players (unless they 'git gud', look it up, they are your compatriots now).



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  • Registered Users, Registered Users 2 Posts: 14,688 ✭✭✭✭Frank Bullitt


    Ah yes, because protective gear reeeeeealy helps American Football players with CTE, so so well...

    Protection is a red herring that you seem to fall back on a lot. A failure, yet again.



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