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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: 25,127 ✭✭✭✭One eyed Jack


    That’s exactly what it means plodder, as in the only distinction between them is based upon sex.

    It’s true that the case was about discrimination in employment, and the law which applies is based upon the Civil Rights Act of 1964, where Gorsuch made the point that because the drafters of the legislation didn’t envision a point where it would apply to homosexual or transgender employees doesn’t mean that they are not entitled to be protected from discrimination in employment on the basis of sex.

    This is entirely consistent with his judicial, political and religious philosophy. That’s why other people who claim to be Conservative or religious, etc got their knickers in a twist - because the practical implications of the judgement mean they would no longer be able to discriminate in employment against people who are homosexual or transgender. There’s a distinction between being socially conservative, and culture warrior types.



  • Registered Users, Registered Users 2, Paid Member Posts: 3,923 ✭✭✭Enduro


    Yet more off-topic irrelevant waffle. Why don't you start a thread on employment discrimination if its so interesting to you?



  • Registered Users, Registered Users 2 Posts: 40,588 ✭✭✭✭Mellor


    Why would have difficultly with sane sex schools which do not test? That’s up to them, but it in no way suggests that pupils of a girls s hook are not the sane sex.



  • Registered Users, Registered Users 2 Posts: 40,588 ✭✭✭✭Mellor


    The fact law from 1964 doesn’t distinguish gender from sex leads you to conclude gender doesn’t exist.

    It doesn’t mention sexual orientation either. Do you think homosexuality doesn’t exist? Lfmao. The lack of ability to understand the implications if that you.

    I’ve already explained, but you clearly dint get it. A homosexual sexual preference does not align to their own sex. Discriminating them based in that is included in sexual discrimination as if their sex were different, and nothing else changed, they would not be excluded.



  • Registered Users, Registered Users 2 Posts: 25,127 ✭✭✭✭One eyed Jack


    The term single-sex was more the issue than the fact that they don’t perform sex testing to determine students sex before admission. It’s good to know that at least you’re not one of the people who has an issue with boys in girls single-sex schools and girls in boys single-sex schools. They’re still single-sex schools regardless of the makeup of the student body.

    The fact law from 1964 doesn’t distinguish gender from sex leads you to conclude gender doesn’t exist.


    Nah Mellor, I just don’t use the language you want me to use is all. I only provided that example by way of demonstrating that sex is an all-encompassing term which refers to the same thing as you refer to, only that you use far more convoluted terminology.

    It doesn’t mention sexual orientation either. Do you think homosexuality doesn’t exist? Lfmao. The lack of ability to understand the implications if that you.

    I’ve already explained, but you clearly dint get it. A homosexual sexual preference does not align to their own sex. Discriminating them based in that is included in sexual discrimination as if their sex were different, and nothing else changed, they would not be excluded.


    You have Mellor, and I understood you perfectly the first time. Do you know why the Act doesn’t refer to sexual orientation or gender? Because those terms and their meaning weren’t coined until about 10 years after the Civil Rights Act. Homosexuality of course existed before there was a term for that too, coined about the 1900s, but then, as now - sex is still used as an all-encompassing term to refer to the same thing, again without all the convoluted terminology.

    The type of surgery that we were referring to earlier, that to you is a misnomer, has many convoluted terms:

    Gender-affirming surgery is known by numerous other names, including gender-affirmation surgery? sex reassignment surgery, gender reassignment surgery, and gender confirmation surgery. It is also sometimes called a sex change though this term is usually considered offensive. 

    Top surgery and bottom surgery refer to surgeries on the chest and genitals respectively.

    https://en.m.wikipedia.org/wiki/Gender-affirming_surgery


    None of which are a misnomer, and all refer to the same thing.

    What you’re doing is rather like the fellas who I worked with at one point who came to me with a complaint that some of the other guys were speaking Polish, and they wanted me to tell them that they had to speak English. I knew exactly what they were at, so I politely suggested that just like those lads were welcome to speak their native language amongst themselves, the lads were welcome to converse amongst themselves as Gaeilge. It’s the same principle with culture warriors who want women to refer to themselves as men, or accept the consequences of being unwilling to do so. Thankfully Irish law at least recognises that nobody can be forced to comply with that mere handful of people’s demands, and women like Lydia Foy no longer have to rely on referring to themselves as a “congenitally disabled woman”:

    According to Foy, she had been born a "congenitally disabled woman" and the error recording her sex on her birth certificate was not only embarrassing to her but also could interfere with her constitutional rights, as she would be unable to ever choose to marry a man.

    https://en.m.wikipedia.org/wiki/Lydia_Foy



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  • Registered Users, Registered Users 2 Posts: 40,588 ✭✭✭✭Mellor


    There’s a lot of noise there so I’ll cut to the key points.
    Sex as a term refers to male/female not sexual orientation.

    Homosexual was not coined around the 70s, it was coined about 100 years prior.

    You cannot change sex - as you pointed out. Which is why sex-change is a misnomer. You’re own post proves you are wrong. Everything you’ve said is unsubstantiated waffle.



  • Registered Users, Registered Users 2 Posts: 25,127 ✭✭✭✭One eyed Jack


    Sex as a term refers to male/female not sexual orientation.


    As far as you’re concerned, which is fine, we’ve done that.

    Homosexual was not coined around the 70s, it was coined about 100 years prior.


    Me, in the very post you quoted:


    Homosexuality of course existed before there was a term for that too, coined about the 1900s


    You referred to sexual orientation and gender as not being included in the Act. The reason there’s no reference at all to homosexuality is because there was no consideration whatsoever given to homosexuals being of equal status in US society. The Act was mainly intended to address racial discrimination, and sex was somewhat of an afterthought by way of addressing discrimination against women. That’s why the judgement in Bostock, in 2020, is regarded as a landmark case:

    https://www.vox.com/2020/6/15/21291515/supreme-court-bostock-clayton-county-lgbtq-neil-gorsuch

    You cannot change sex - as you pointed out. Which is why sex-change is a misnomer. You’re own post proves you are wrong. Everything you’ve said is unsubstantiated waffle.


    I still say humans cannot change sex. That’s speaking within the context of biology, whereas within the context of medicine, sociology and indeed the framework which actually matters as it governs society - Law, it is recognised in Irish law that a person is regarded as having changed sex, no surgery or medical intervention required at all, as I pointed out earlier:

    18. (1) Where a gender recognition certificate is issued to a person the person’s gender shall from the date of that issue become for all purposes the preferred gender so that if the preferred gender is the male gender the person’s sex becomes that of a man, and if it is the female gender the person’s sex becomes that of a woman.

    All that a small handful of international sports organisations are doing is making a rod for their own backs, as it’s inevitably going to become more difficult for them to maintain their current rules if they’re to hope to extend their reach into new territories. Language will be the first barrier they come up against.

    Post edited by One eyed Jack on


  • Registered Users, Registered Users 2, Paid Member Posts: 9,456 ✭✭✭Backstreet Moyes


    If you search for the Feedback forum there is a thread talking about feedback for the site.

    That would probably be the most appropriate place.

    I won't comment here but just to let you know.



  • Registered Users, Registered Users 2, Paid Member Posts: 8,117 ✭✭✭plodder


    It’s the same principle with culture warriors who want women to refer to themselves as men, or accept the consequences of being unwilling to do so. Thankfully Irish law at least recognises that nobody can be forced to comply with that mere handful of people’s demands, and women like Lydia Foy no longer have to rely on referring to themselves as a “congenitally disabled woman”:

    According to Foy, she had been born a "congenitally disabled woman" and the error recording her sex on her birth certificate was not only embarrassing to her but also could interfere with her constitutional rights, as she would be unable to ever choose to marry a man.

    The law you are referring to says nothing about "congenital disability" and I don't think anyone else would have referred to Lydia Foy as a congenitally disabled woman. I wasn't aware that being unable to marry a man, was one of the reasons she cited for wanting to legally change her gender. But, that problem no longer exists. You only have to look at the debates in the Oireachtas leading to the Gender Recognition act being passed, and it seems incredible to say but legislators (the few who spoke about it at all) had absolutely no inkling that the law would have wider societal implications, as opposed to merely recognising an individual right that had never been recognised before.

    The GRA has created a "legal fiction", ie. something that is true in law, but not in reality. It literally says your sex changes from male to female, or female to male, which is a physical impossibility.

    Section 18(1) Gender Recognition Act 2015, which I see you quoted above:

    … if the preferred gender is the male gender the person’s sex becomes that of a man, and if it is the female gender the person’s sex becomes that of a woman.
    

    <*> I dont know why some of the quote above is appearing in bold

    I notice that you often fall back on the legal situation, as the backstop for your arguments, but the law is a fantasy with no basis in reality outside the minds of a small number of people.

    https://en.wikipedia.org/wiki/Legal_fiction

    “Fanaticism is always a sign of repressed doubt” - Carl Jung



  • Registered Users, Registered Users 2 Posts: 40,588 ✭✭✭✭Mellor


    The reason there’s no reference at all to homosexuality is because there was no consideration whatsoever given to homosexuals being of equal status in US society. The Act was mainly intended to address racial discrimination, and sex was somewhat of an afterthought by way of addressing discrimination against women.

    The act wasn't intended to cover discrimination about sexuality, and sex was an afterthought.
    So why are you bringing it up on a conversation about sex in sport and using it to make baseless claims about sex and sexuality.

    As you just pointed out, it wasn't about either. Another baseless and poorly thought out example.

    I still say humans cannot change sex. That’s speaking within the context of biology…

    Right. Which is why sex change is a misnomer. Do you understand what misnomer means? As you repeatedly proven that, in your opinion, it's a misnomer.

    whereas within the context of medicine, sociology and indeed the framework which actually matters as it governs society - Law, it is recognised in Irish law that a person is regarded as having changed sex, no surgery or medical intervention required at all, as I pointed out earlier:

    18. (1) Where a gender recognition certificate is issued to a person the person’s gender shall from the date of that issue become for all purposes the preferred gender so that if the preferred gender is the male gender the person’s sex becomes that of a man, and if it is the female gender the person’s sex becomes that of a woman.

    Gender recognition. A persons gender. It literally says repeated, 6 times, they they are talking about gender. It's state in basic english, it's quite clear they are refer to gender identity.
    The fact you are using that to back up a claim that they are talking about sex not gender, is a real testament to how willing you are to fool yourself.

    All that a small handful of international sports organisations are doing is making a rod for their own backs, as it’s inevitably going to become more difficult for them to maintain their current rules if they’re to hope to extend their reach into new territories. Language will be the first barrier they come up against.

    Language will not be a barrier, the fact you are stating that simply highlight you little you know about sports or the rules.



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  • Registered Users, Registered Users 2 Posts: 25,127 ✭✭✭✭One eyed Jack


    I notice that you often fall back on the legal situation, as the backstop for your arguments, but the law is a fantasy with no basis in reality outside the minds of a small number of people.


    I don’t ‘fall back on’ the law plodder. Laws are far more fundamental to the governing of a society than biology will ever be. It has it’s basis in reality in spite of the claims of a small number of our most educated in society who make the laws, claiming that they didn’t realise that the implication of passing the gender recognition act would mean that the historical deliberate omission from recognition in law of a group of people in Irish society, would be rectified.

    How far do you think they’ll get with arguing that they didn’t mean to give a marginalised group in society equal protection from discrimination, on the basis that they’re admitting to being incompetent?

    FWIW btw, the marriage thing, that which gives legal recognition and protection to marriage that you weren’t previously aware of? You weren’t alone by any means, but an example in an international context should demonstrate the practical aspects of a situation created by the original legal fiction (the deliberate omission of recognition of the reality that these people do exist and are entitled to equal status in law):

    https://blog.ipleaders.in/laws-governing-transgender-marriages-india/


    Language will not be a barrier, the fact you are stating that simply highlight you little you know about sports or the rules.


    You’re having considerable difficulty explaining that to me, I can only imagine how you would fare attempting to explain it to Caster Semenya that she has to use your terminology, because if she doesn’t, you take it as highlighting how little she knows about sports or the rules:

    With that many categorisations flying about, how does Semenya identify? “I don’t fit into those terms,” she says plainly, staring down the lens after I mention both intersex and DSD. “Those are [the media’s] own terms. I’m an African, I’m a woman, I’m a different woman. That’s the only term I can use.” Other labels feel, to her, like a European idea to easily categorise people. “‘This one is intersex, this one is this, this one is that.’ That’s their own belief – it’s not my belief. If I have a ‘disorder’, I don’t give a **** about that. The disorder doesn’t define me as a woman. Disorders don’t make you less of a woman – you’re just different.”

    https://www.theguardian.com/sport/2023/oct/28/athlete-caster-semenya-interview-im-a-woman-im-a-different-woman

    Or Chris Mosier, who campaigned for a change in the IOC guidelines:

    https://19thnews.org/2021/11/olympic-committee-transgender-nonbinary-athletes/


    If only they’d known a bit more about sports and the rules, they wouldn’t have had to be going trying to have them changed! Hate it when people do that! 😒



  • Registered Users, Registered Users 2 Posts: 8,729 ✭✭✭AllForIt


    Gender recognition. A persons gender. It literally says repeated, 6 times, they they are talking about gender. It's state in basic english, it's quite clear they are refer to gender identity.
    The fact you are using that to back up a claim that they are talking about sex not gender, is a real testament to how willing you are to fool yourself.

    …erm, but it does say "…if the preferred gender is the male gender the person's SEX becomes that of a man…"?



  • Registered Users, Registered Users 2 Posts: 40,588 ✭✭✭✭Mellor


    Yes it does that say. It legally it does, in the context of that Act - if you read the full section it follows with this;

    (b) be a party to a civil partnership registration with a person of the same gender as the preferred gender and reference in section 2(2A)(e) of the Act of 2004, to “not of the same sex” includes a reference to not of the same sex as the preferred gender.

    This means that section of the Gender recognition act serves to make it compatible with the terms used in prior acts such as the Civil Registration Act 2004. That section is does not make any claims about biological sex.

    What poor old Jack is doing is trying to take that single sentence out of context, and use it to claim gender and sex always mean the same this. Which is at best dishonest, and at worst downright idiotic.



  • Registered Users, Registered Users 2 Posts: 40,588 ✭✭✭✭Mellor


    I don't think I'm having any difficultly explaining to you. I think you understand well, you are feigning a miscomprehension and a lack of understanding. I don't believe it, I think you under it perfectly well. Which is why you change tact and soon as you get caught out.

    How does that quote from Castor at odds with anything I've said. Her beliefs are not relevant to what I said, or to the rules of sports that I referred to. If you don't understand that, that that proves you don't understand them.
    But claiming your ignorance applies to Castor is pathetic and gross. You are not their spokesperson, you have no idea what her understanding of biology is. And nothing in her quote about identify refers to that.

    Although, how ironic that you try to twist Castors words about identity to try back up one of your lies, when before you claim identity didn't exist. Well, you've just used to to try make a point, so your credibility is shot again.

    If only they’d known a bit more about sports and the rules, they wouldn’t have had to be going trying to have them changed! Hate it when people do that! 😒

    The only person that doesn't understand sport or the rules here is you.
    What the IOC refer to in that article, is precisely the new rules I referred to. Once again, another falsehood exposed.
    The compulsive lying is growing tiresome, not difficult to expose. But tiresome to dealing with a person who keeps flipping to a new lie when they are caught out.



  • Registered Users, Registered Users 2 Posts: 25,127 ✭✭✭✭One eyed Jack


    What poor old Jack is doing is trying to take that single sentence out of context, and use it to claim gender and sex always mean the same this. Which is at best dishonest, and at worst downright idiotic.


    I may be old Mellor, but I’m definitely not poor 😂

    I’m not taking the paragraph out of context, I provided a link to the Act several times for anyone who is remotely interested in familiarising themselves with it. It doesn’t make any claims about biology, it refers to sex, which is the point I was always making. It’s definitely not dishonest, and I don’t have to care that to you it’s idiotic. That’s the beauty of it being recognised in law, whereas biology doesn’t have any influence whatsoever in governing society.

    I also made the point several times, that there are exemptions to the application of the Act in limited circumstances, including in sports:

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

    The reason the Act refers to gender is because that is one of the grounds in the Equal Status Acts, and it is interpreted as prohibiting discrimination on the grounds of either sex or gender:

    The Employment Equality Acts and Equal Status Acts prohibit discrimination on specific grounds. Generally, discrimination occurs where one person is treated less favourably than another person in a comparable situation, because they differ under any of the following grounds: Age, Civil Status, Disability, Family Status, Gender, Housing Assistance Payment, Membership of the Traveller Community, Race, Religion, Sexual Orientation.

    https://www.ihrec.ie/your-rights/equality-laws-ireland/


    Do you imagine that the absence of the word sex means that it is permissible to discriminate against people on the grounds of sex?

    You don’t have to answer that question.



  • Registered Users, Registered Users 2 Posts: 25,127 ✭✭✭✭One eyed Jack


    The only person that doesn't understand sport or the rules here is you.

    Well that’s demonstrably untrue, as evidenced by the fact that I can point to an elite Olympic athlete who not only knows about sports, not only knows about the rules, but was successful in the ECHR in proving her claim that she had been subjected to unfair treatment. Not only all of that, but the point of the quote is that she flat out rejects the language that you would want her to use. That’s the point you keep missing, but I don’t imagine for a minute that it’s deliberate, it’s just not something you’ve ever had to think about before is all.



  • Registered Users, Registered Users 2 Posts: 40,588 ✭✭✭✭Mellor


    Providing a link, but only quoting half a section is out of context. I can't believe I have to explain that, but here we are. But it is evident from @AllForIt reply that the application was unclear from you selective quote.
    The fact I was able to look up the act for myself and complete the context is irrelevant. But it's good that I did that obviously. When laws are introduced they need to tie into a lot of existing laws.

    The reason the Act refers to gender is because that is one of the grounds in the Equal Status Acts…

    The reason the act refers to gender is because is the Gender recognition Act. It's whole existence is based on recognising gender, and providing a legal pathway for the minister to issue gender recognition certificates.
    The fact you are using this act to try to claim gender does not exist is, as I said, idiotic.

    You pointing to Castor in no way is evidence about your understanding. If anything it highlight your ignorance.
    Castor was successful in the ECHR. But Unsuccessful in the CAS. Regardless of either case, she is subject to the rules of sports.

    Not only all of that, but the point of the quote is that she flat out rejects the language that you would want her to use.

    This sentence sums up your ignorance.

    What language do "I want her to use"? Which part of her quote do I object to?
    which part of regulations I referred to is impacted by language, her identity, or how she feels about herself?

    In case you missed the fact those questions are obviously rhetorically. The answer in in case in none. Absolutely none.
    Which proves my point, your dragging up irrelevant waffle. Which means 1 of a few things: a) You're trolling. b) You're attempting to obfuscate the fact you can refute the points raised, or c) You have no clue what you are talking about and just continue to waffle.



  • Registered Users, Registered Users 2 Posts: 25,127 ✭✭✭✭One eyed Jack


    What I quoted, from the section on the effects of a gender recognition certificate generally, was the section that was relevant to the point I was making - that sex and gender refer to the same thing. What you call gender, is only another term for what is known as sex. The reason it’s called the Gender Recognition Act is because before its existence, there was no recognition in law of people who are transgender (formerly known as transsexual, the term still used in medicine), and there was no means by which they could change the sex recorded on their birth certificate, which meant in Irish law they could not enter into marriage. This was part of the reason why the GRA had to be enacted before marriage equality legislation could be enacted, which states -

    4. Marriage may be contracted in accordance with law by two persons without distinction as to their sex.


    I
    don’t use the Act to say gender doesn’t exist. You’ve been throwing that one at me since this whole thing started, whereas what I said was that I don’t subscribe to the idea of gender. Sex works perfectly fine for me, I have no need of all the recently developed convoluted terminology. Now the reason I say that is because the modern meaning of gender was coined by a scientist who hypothesised a biological basis for gender as distinct from sex. His reasoning was that if it could be determined that there was a biological basis for gender, it could be changed in order for the patient to fit in with society. He failed, and because he was regarded as a pioneer and an authority in the field of sexology, he was able to rely on that to avoid being questioned about ruining countless people’s lives. That monster was John Money. He coined the term, decided to attempt to prove his theories (he had many, many theories), and declared that anyone who questioned the idea wasn’t a good Feminist. It was a way of putting his ideas beyond criticism. The idea of Gender was a godsend for Feminists who at the time were arguing either for women’s liberation from men, or women’s equality with men - it gave them evidence to support the argument that women and men are equals and should be treated as such in law. I’m not a Feminist either, though I understand the language. The idea of Gender appealed to them, so they didn’t question it.

    You’ve got Caster Semenya’s situation arseways, because from your point of view Caster Semenya is subject to the rules of sports. CAS, the legal administrative body for resolving disputes in affiliated organisations, is subject to the laws in the jurisdiction in which it operates. In CASs case, that is the Swiss Federation State. One of the rules of applying to the ECHR is that all national legal avenues must be exhausted, so in terms of authority and jurisdiction, it goes → CAS → Swiss Federal State → ECHR, and in Semenya’s case, because World Athletics weren’t satisfied with the decision, they have stated that they will liaise with the Swiss Government on the next steps to have the case heard in the Grand Chamber of the ECHR -

    https://worldathletics.org/news/press-releases/response-european-court-human-rights-decision-2023


    In short - the rules of sports are subject to national and international law, they do not exist independently of national and international law. I can understand how it would be far more convenient for your argument if sports organisations actually were, so to speak, a law unto themselves. Then they could institute all sorts of rules and nobody would be able to question them.

    The language you would want her to use, is the same language you want me to use, referring to biology and disorders of sex development and so on. The reason the language you use has been flat out rejected is because of what you hope to follow it up with - as a means to argue that laws should be based upon biology alone. It’s why you need Gender to be regarded as a distinct concept from sex, so that you can support your claim that the rules are based upon biological sex - pretty convenient for the 99% of the population whose biological sex corresponds to their gender, and a hell of a hurdle to overcome for those people for which it does not.

    It’s because Semenya rejects the terminology that forms the ideas which are the basis of your argument, not just your argument by any means, it’s the basis of the argument used by World Athletics to deprive women like Caster Semenya of her right to equal opportunity to compete in sports - the WA place extra restrictions on those athletes beyond just being women, or as Caster points out - a different woman. She rejects the language on the basis that they are European concepts (she’s not entirely wrong, they’re more an American concept), and she is African, the language doesn’t translate at all. To give you another example of the same idea - the origins of the term ‘same gender loving’, coined by an African-American who rejected what they perceived as being European terminology -

    Same-gender-loving, or SGL, a term coined for African American and African Diaspora use by activist Cleo Manago, is a description for homosexuals in the African American community. It emerged in the early 1990s[1] as a culturally affirming African American homosexual identity.

    SGL was adapted as an Afrocentric alternative to what are deemed Eurocentric homosexual identities (e.g. gay and lesbian) which do not culturally affirm or engage the history and cultures of people of African descent. The term SGL usually has broad, important and positive personal, social, and political purposes and consequences. SGL has been described as "an anti-hate and anti-anti-Black identity [...] movement, philosophy and framework".

    https://en.m.wikipedia.org/wiki/Same_gender_loving


    It’s never caught on, unsurprisingly enough.

    In your (A), (B) and (C ) you appear to have overlooked the possibility of

    (D) I simply don’t share your opinion, and I have outlined why I don’t share your opinion, and it explains why I am questioning and challenging your opinions. Frankly I don’t care if you’re a world class champion athlete and this is the basis upon which you claim superior authority - that’s all it amounts to, an argument from authority, that you would only accept the opinions of other world class athletes, and even then you would only accept the opinions of those world class athletes who agree with your opinions, and dismiss the opinions of those who don’t, on the basis that they don’t know what they’re talking about. It’s a common form of fallacious argument, generally employed by people who wish to avoid their ideas being questioned or criticism of their ideas. They don’t be long getting personal, as you have demonstrated here when your ideas are questioned, discarding civility and any attempt to present a rational argument based upon your knowledge, instead choosing to default to outright abuse and attempts to dismiss anyone who so much as questions, let alone expresses disagreement with, your ideas.



  • Registered Users, Registered Users 2 Posts: 4,128 ✭✭✭Patrick2010


    Don't have the time to read all this, much of which seems off topic. Is the bottom line not that its unfair for men who have gone through puberty and then transgender have an obvious physical advantage over women?



  • Registered Users, Registered Users 2, Paid Member Posts: 8,117 ✭✭✭plodder


    Basically yes, and the arguments against that include variations of the following:

    • The OP and title of the thread, which is pointing out that trans women don't win every contest against women, but we all know this because athletic ability is a bell curve with a wide distribution of abilities within each sex which overlaps significantly.
    • Because DSDs. It has been historically problematic to define eligibility for elite level women's events because of the issue of intersex conditions (DSDs), so we should basically do away with the categories entirely, and let anyone who wants to, compete as a woman. The fallacy there should be clear.
    • Because the law. The gender recognition act has decreed that you can declare yourself to be the opposite sex. Though there are important caveats, that is the general principle.
    • Me yuman roights are been voialated! An unaccountable supranational court (the ECHR) is telling us to and up to now, governments seem to have mostly complied with them. That's how the gender recognition act came about, and who knows what new rights it will define in the future. Switzerland may have recently started a trend in the opposite direction, on a different issue(*), but basically questioning the extent of the court's reach into their legal system. Also, the UN special raporteur on women's and girl's rights has recently begun to speak out vocally on the topic, at least to the extent of acknowledging the conflict between women's rights and trans rights.

      (*) https://www.bbc.com/news/articles/cl55ggjqvx7o

    I'm sure others can add to the list and/or disagree with my take on it.

    “Fanaticism is always a sign of repressed doubt” - Carl Jung



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  • Registered Users, Registered Users 2 Posts: 40,588 ✭✭✭✭Mellor


    This is quire possible the biggest load of waffle. You are a simply lying. And can't answer a straight question, in instead you hide behind lines of waffle. so I'll keep it blnt and call out a yout lies.

    The language you would want her to use, is the same language you want me to use, referring to biology and disorders of sex development and so on.

    This is a lie.
    The l rules I referred to are not based on language. It something exits, it can be proven to exist. The name given to it is irrelevant.
    If I am wrong there, it would be very easy to call out the rule and prove it. But its telling that you skirt around them with waffle.

    It’s why you need Gender to be regarded as a distinct concept from sex, so that you can support your claim that the rules are based upon biological sex - pretty convenient for the 99% of the population whose biological sex corresponds to their gender, and a hell of a hurdle to overcome for those people for which it does not.

    This is also a lie, and makes no sense whatsoever. If somebody's biological sex does not correspond to their gender, why would they be agaisnt recognising them separately?

    Regardless, whether somebody recognises gender separately or not is irrelevant for a rule based on biological sex.

    Basically, you recognise gender identity, and are tryign to use it to deny the existing of cellular biological science.

    It’s because Semenya rejects the terminology that forms the ideas which are the basis of your argument, not just your argument by any means, it’s the basis of the argument used by World Athletics to deprive women like Caster Semenya of her right to equal opportunity to compete in sports - the WA place extra restrictions on those athletes beyond just being women, or as Caster points out - a different woman.

    Can you show where my rules are based on terminology? or where Castor denies the existence of chromosome, hormones, or biology?
    None of that was in her quote. (Notice I say her btw).

    She rejects the language on the basis that they are European concepts (she’s not entirely wrong, they’re more an American concept).

    Citation needed. Nothing I referred to is an American concept.

    Same-gender-loving, or SGL, a term coined for African American and African Diaspora use by activist Cleo Manago, is a description for homosexuals in the African American community

    Key word in bold. They are a subset of homosexuals, that does not exclude them from the superset.

    (D) I simply don’t share your opinion, and I have outlined why I don’t share your opinion, and it explains why I am questioning and challenging your opinions. 

    Except you haven't.

    You haven't outlined a single logic reason why you don't agree. You haven't offered any logical challenge.
    You are present many lies and strawmen, argued against them (ironically not very successfully) but you haven't counter any of my actual opinions.

    The closest you got refer to my opinions was;
    claiming that it's normal for a male to not go through puberty. and claiming male sex hormones don't exist.

    Both of those points are obvious ridiculous and I don't need to explain why.



  • Registered Users, Registered Users 2 Posts: 25,127 ✭✭✭✭One eyed Jack


    The rules you refer to are based upon language, that’s why the names which refer to it are very much relevant. As far as Caster Semenya is concerned, she is a woman, eligible to compete in the women’s events without restriction. The rules were changed to refer to ‘biological sex’, and ‘disorders of sex development’ by means of establishing a distinction between women, and women.

    The reason they wouldn’t refer to them separately is because they don’t use terms like ‘biological sex’, ‘gender’ or ‘disorders of sex development’. It does matter whether or not they use the terms because the rules make restrictions based upon biology in attempting to restrict who is or is not eligible to compete in competition.

    Citation needed to demonstrate that terms like gender in the way that you’re using it is an American concept? I’ll do you one better, I’ll even throw in ‘sexual orientation’ as they were concepts developed by the same person to promote their own ideas (previously gender was used to refer to masculine and feminine):

    https://en.m.wikipedia.org/wiki/John_Money

    You’re missing the point in highlighting what for you is the keyword, when the point is that the keyword you use is rejected because of the language, it’s why the term ‘same gender loving’ was coined, which refers to the same thing.

    You need those terms so you can make the distinctions you’re making, which are used to deprive people of their human rights and the opportunity to compete in competition. It’s why Caster Semenya challenged the rules on the basis that they were unfair, and she had to take her case to the ECHR. Because -

    With that many categorisations flying about, how does Semenya identify? “I don’t fit into those terms,” she says plainly, staring down the lens after I mention both intersex and DSD. “Those are [the media’s] own terms. I’m an African, I’m a woman, I’m a different woman. That’s the only term I can use.” Other labels feel, to her, like a European idea to easily categorise people. “‘This one is intersex, this one is this, this one is that.’ That’s their own belief – it’s not my belief. If I have a ‘disorder’, I don’t give a **** about that. The disorder doesn’t define me as a woman. Disorders don’t make you less of a woman – you’re just different.”

    I have been able to demonstrate that not only is the language you use rejected, I have demonstrated the reason why you need to use it - in order to attempt to discriminate against an already marginalised group in society and attempt to treat them less favourably. It was attempted by Reem Alsalem (the UN Special Rapporteur on Violence against Women and Girls) in her submission to the Australian Human Rights Commission in the case of Tickle v Giggle, and the Judge in the Australian Federal Court rejected the argument (I’ll leave links down the bottom, but her submission wasn’t even used by the AHRC, and the Judge rejected the respondents application of CEDAW, without needing to refute the respondents interpretation).

    What you’re doing isn’t any different - like Alsalem you’re overlooking the history of how laws and the rules in sports were established in the first place - there was no consideration given to people who were homosexual or transsexual, the laws and rules were based upon the idea of sex referring to man, woman, and because heterosexual was taken as a given, it didn’t need to be explicitly included to distinguish between heterosexual and homosexual. The lie was pretending that any concept outside of that ideal of human didn’t exist, and therefore people who were homosexual were not entitled to protection in law on that basis. You’re trying to do the same with your ‘biological’ nonsense. All humans are fundamentally biological, it’s what distinguishes humans from inorganic objects.

    https://www.tandfonline.com/doi/full/10.1080/18918131.2016.1123502

    https://cjil.uchicago.edu/print-archive/designing-women-definition-woman-convention-elimination-all-forms-discrimination

    https://www.ohchr.org/sites/default/files/documents/issues/women/sr/statements/20240404-Statement-sr-vawg-cedaw-convention.pdf

    https://www.fedcourt.gov.au/__data/assets/pdf_file/0013/120622/Summary-Tickle-v-Giggle-for-Girls-Pty-Ltd-No-2-2024-FCA-960.pdf

    https://thehill.com/regulation/court-battles/502834-gorsuch-draws-surprise-anger-with-lgbt-decision/amp/

    That’s why rules which should originally have included all aspects of what it is to be human, but didn’t, are now being challenged, and decisions are made to subsume them into the original framework by interpreting laws and rules in accordance with the principles of non-discrimination. It means that existing laws aren’t required to be re-written unless it is for the purposes of exclusion, and that’s why some international sport’s governing bodies are having considerable difficulty with the language used in other territories. It has nothing to do with biology. That was only ever the ideas of a small handful of people throughout history, worked out well for them, didn’t work out so well for everyone else, which is why classification based on biology alone and legal rights which flow from that, has never gained any legitimacy, not even among international sports organisations.



  • Registered Users, Registered Users 2 Posts: 40,588 ✭✭✭✭Mellor


    The rules you refer to are based upon language, that’s why the names which refer to it are very much relevant.

    No they aren't. You are lying, as I said. You could have proven they by simply pointing out the rules. But you didn't, case closed.

    As far as Caster Semenya is concerned, she is a woman, eligible to compete in the women’s events without restriction.

    Under the rules I referred to she would not be. Her status as a woman is not relevant That latter fact really proves your claim above is a lie.

    I have been able to demonstrate that not only is the language you use rejected, I have demonstrated the reason why you need to use it 

    No you haven't. None of the terms in that paragraph are relevant to the rules I referred to. Woman, gender, intersex, DSD. None of them are a factor. She has XY chromosomes and has experiences a surge in male sex hormones that is typically seen in males.

    All you have demonstrated is that you are wrong and have to waffle around the point.

    Anyway, I'll be unfollowing now, as you lies and desperate strawman arguments are boring me.



  • Registered Users, Registered Users 2 Posts: 25,127 ✭✭✭✭One eyed Jack


    Under the rules I referred to she would not be. Her status as a woman is not relevant


    That right there, is exactly what I disagree with. To you it’s not relevant, to me it is, and to anyone whose right to compete in competition is impeded by the rules which to them are unfair, the rules are subject to being challenged in law.



  • Registered Users, Registered Users 2, Paid Member Posts: 3,923 ✭✭✭Enduro


    What a load of absolute waffle. I think it's safe to say that nobody's opinion will ever be influenced by that wall of waffle. You know, I actually think I might even be able to work out the deeply buried point you're trying to make, but in the end it's all very simple…

    • Sports which have Sex categories divide the categories into Male (or Open sometimes) and Female (and Occasionally an additional Open category).
    • Every single person can fit into one of those categories. So nobody is excluded from participating.
    • Rules have to be defined which decide who is or is not eligible to compete in each category.
    • By the very nature of these rules some people will be excluded from a category. That's why they are there, otherwise there would be no point in having the categories.
    • Neither gender nor sexual orientation, nor any other characteristic beyond sex characteristics will have any influence on eligibility for these categories.
    • Competitors who have DSDs will necessitate that the rules will need to be very carefully written to allow for them to be fairly allocated to their appropriate category.
    • Nobody's human rights are being infringed by eligibility rules for sex categories that do not take account of gender identity, and nobody is being excluded from all categories by eligibility rules.
    • International governing bodies will have rules that have to work worldwide, so arguments about English language details are pretty pointless.


  • Registered Users, Registered Users 2, Paid Member Posts: 3,923 ✭✭✭Enduro


    Adults do not lose any right to compete in competition if they are impeded from competing in childrens' categories, even if to them it is unfair. They are free to challenge them in law if they choose to. I'm not aware of any who have done so successfully.

    Males do not lose any right to compete in competition if they are impeded from competing in Female category, even if to them it is unfair. They are free to challenge them in law if they choose to. I'm not aware of any who have done so successfully.



  • Registered Users, Registered Users 2 Posts: 40,588 ✭✭✭✭Mellor


    I didn’t say it’s not relevant to me. I said it’s not relevant to the rules I’ve been refering.

    Her gender, her identify, the terms she prefers, her passport, how she sees herself, “language”. All of the things you listed in that quote. All the things you said I was excluding her for not using my terms.
    None of them are actually a factor in what I said.

    So first I was unfair for determine eligibility in my version of those terms. But not I’m unfair for NOT using those terms. Sums up your nonsense.


    The rules are the same for everyone. There is nothing unfair about that.
    Having a different rule for some people is what is unfair.

    You can’t drink and drive. Complaining that unfair to alcoholics and requesting they have a higher BAC limit is ridiculous.

    Sports divisioning mean some people are illegible for some divisions. Is disallowing a 90kg person from the 60kg division is not unfair



  • Registered Users, Registered Users 2 Posts: 25,127 ✭✭✭✭One eyed Jack


    • International governing bodies will have rules that have to work worldwide, so arguments about English language details are pretty pointless.

    Not going to retread over what’s already been discussed with regard to the rest of your points Enduro, but that point above? It’s because of arguments over details in the English language that they aren’t pointless, especially when it means that a concept either does, or doesn’t have any legitimacy. For example the reason that Lia Thomas had no standing at CAS was because it was determined that they weren’t eligible to compete in Elite Events within the meaning of USA Swimming Policy, let alone to compete in WA competition:

    The Panel clarified that the policy and the operational requirements could only be triggered when an athlete was entitled to compete in a WA competition, which occurred upon registration with WA prior to a competition, or the athlete set a performance leading to a request for registration as WA world record. Neither was the case in the matter at hand; Thomas was only entitled to compete in USA Swimming events that did not qualify as ‘Elite Events’.

    With this, the policy and the operational requirements were held not to be triggered in the instant case, with the CAS Panel determining, “since the Athlete is not entitled to participate in ‘Elite Events’ within the meaning of USA Swimming Policy, let alone to compete in a WA Competition, which occurs upon registration with WA prior to a competition or upon setting a performance which leads to a request for registration as WA World Record, she is simply not entitled to engage with eligibility to compete in WA Competitions.”

    https://www.lexology.com/library/detail.aspx?g=4a0d765e-7bda-4f6c-aaad-4596ac75e91d


    I’m not either, since that’s simply not how human rights, civil rights, or anti-discrimination law actually functions. I’m aware of plenty of cases where people have been denied their rights by organisations, including sports organisations, and successfully challenged them in Court.



  • Registered Users, Registered Users 2, Paid Member Posts: 2,391 ✭✭✭aero2k


    Excellent post. Very hard to argue with it, although that didn't stop one poster from trying. Funnily enough he picked the nit-picky approach to one of the eight points that you raised. Strangely, the verbiage posted doesn't really relate to an argument over the details of the details of the English language at all - it was just an arguement over eligibility rules. I don't see anything in the pasted bit containing any discussion of what is meant by elite, WA, etc.

    Even more strangely, the poster chose not to engage with the other seven points at all - I wonder why. Probably too busy reading Mellor's mind and figuring out what he has, and has not, had cause to think about.



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  • Registered Users, Registered Users 2 Posts: 25,127 ✭✭✭✭One eyed Jack


    I didn’t say it’s not relevant to me. I said it’s not relevant to the rules I’ve been refering.

    Same thing.

    The rules are the same for everyone. There is nothing unfair about that.

    Having a different rule for some people is what is unfair.

    Sports divisioning mean some people are illegible for some divisions. Is disallowing a 90kg person from the 60kg division is not unfair


    You’re
    obviously aware that the rules aren’t the same for everyone, given both your statements above. How those rules are applied and to whom they apply, is discrimination. Whether that discrimination is lawful, or unlawful, will depend on the laws in the jurisdiction in which they apply.

    Making up new rules based upon testosterone levels because it means you can then declare that whether a woman is or isn’t a woman is irrelevant, still has to have a legitimate justification. This explanation doesn’t qualify as a legitimate justification:

    Lord Coe, the IAAF president, told the Australian Daily Telegraph: “The reason we have gender classification is because if you didn’t then no woman would ever win another title or another medal or break another record in our sport.”

    https://www.theguardian.com/sport/2019/mar/27/caster-semenya-sebastian-coe-opening-old-wounds-iaaf



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