Ethical Issues in Sport Regarding Trans Athletes
For centuries, sport has been a place of competition, enjoyment, physical fitness, community, and sportsmanship. While sport has provided a positive experience for many, there has also been periods in time where sport has involved segregation and exclusion of others. Women and people of color were not always welcome in sport and dealt with and still deal with discrimination in varying ways today. Currently, there are large debates over the inclusion of trans individuals, mainly trans women, in sport. Is it fair to include? Is it fair to exclude? What does science tell us? How do we determine the parameters for participation?
In this paper, we will be tackling the ethical debate of should Trans athletes be allowed in sport and if so, when and how? First, we will examine some of the stakeholders involved in this issue. There are a multitude of stakeholders involved in this issue, but we will focusing in on only a few here today. After, we will discuss why sport is so important, ranging from youth to professional organizations. Next, we will move on to what does the science currently tell us? For years we have been fed a narrative that sex and gender exist in binary with only two genders; however, gender and sex actually exist on a spectrum and there is more to this categorization than the binary of male and female. Further, we will discuss the topics of fairness in sports. Fairness is a value and argument for both sides of this issue but how do we judge what makes something fair? And fair for whom? Lastly, we will conclude with what should Trans athlete participation look like? Each of these sections will help demonstrate the landscape that currently exists for trans athletes participating in sports.
Stakeholders
Trans individuals
The first stakeholder we will be discussing are trans individuals. Often times when we discuss the issue of trans individuals in sport, the argument goes directly towards fairness to women, or how Trans inclusion will effect everyone else. The question rarely centers on how does exclusion affect Trans individuals? How does inclusion help promote the health and wellbeing of Trans individuals? This is why Trans individuals as a whole need to be the top stakeholder in this debate.
As of 2017, there are approximately 1.6 million transgender individuals in the United States alone with 38.5% identifying as trans women, 35.9% trans men and 25.6% gender non confirming. There is a higher percentage of youth who identify as being transgender than there were previously. (Williams Institute, 2022) This could be due to the fact that what it means to be Trans is being exposed to individuals at a younger age than it previously was. It could also be due to the fact that Trans individuals have a much shorter life expectancy due to stigma and discrimination which results in lower economic support, less access to education, less access to health care, less mental health support, increased mental health struggles, increased risk of suicide, fewer job opportunities, and higher likelihood of being injured or killed by others. (Dawson &Kates, 2023) According to a study conducted in England in 2023, Trans individuals have a 2-19 times higher likelihood of mortality due to outside causes than cisgender individuals with a 3-5 times higher likelihood for suicide or homicide. (Jackson et. al, 2023)
Trans individuals deserve to be centered in this debate and adequately represented. While many individuals see trans people as outsiders, outliers or even a threat, Trans people are people too, just like everyone else. And they deserve equal consideration as much as cisgender individuals.
Sports Governing Bodies
There are two governing bodies we will discuss in this paper, the IOC and NCAA. These governing bodies are important as they set standard and protocols for sport in the US and internationally.
The first is the IOC, otherwise known at the International Olympic Committee. The IOC was first established in 1894 and is committed to supporting sport in society through the Olympic games, creating a space for athletes based on the values of excellence, respect, and friendship. The IOC is in charge of creating standardized rules for all participating countries and athletes to follow even with varying regulations existing within each country. “The goal of the Olympic Movement is to contribute to building a peaceful and better world by educating youth through sport practiced without discrimination of any kind and in the Olympic spirit, which requires mutual understanding with a spirit of friendship, solidarity and fair play.” (IOC, 2023). Because the IOC is so broad and far reaching with a goal of inclusion and high recognition, many other organizations and athletic governing bodies follow the regulations set by the IOC. Their influence is extensive and powerful.
The IOC first created a policy regarding transgender participation in 2003. These original regulations have determined to be far too strict and stringent and without holding significant data to support their original requirements. (Ivy et al., 2018) The IOC updated their policy in 2015 to be the following:
“1. Those who transition from female to male are eligible to compete in the male category without restriction.
2. Those who transition from male to female are eligible to compete in the female category under the following conditions:
2.1 The athlete has declared that her gender identity is female. The declaration cannot be changed, for sporting purposes, for a minimum of four years.
2.2 The athlete must demonstrate that her total testosterone level in serum has been below 10nmol/L for at least 12 months prior to her first competition (with the requirement for any longer period to be based on a confidential case-by-case evaluation, considering whether or not 12 months is a sufficient length of time to minimize any advantage in women’s competition).
2.3 The athlete’s total testosterone level in serum must remain below 10nmol/L throughout the period of desired eligibility to compete in the female category.
2.4 Compliance with these conditions may be monitored by testing. In the event of non-compliance, the athlete’s eligibility for female competition will be suspended for 12 months.” (Ivy et. al, 2018, pg. 116-117)
Something to notice in these points as we move forward is that only Trans women are given such harsh parameters in which they can compete. Trans men are free to compete “without restriction”. However, Trans women have a great deal more regulations they need to abide by. The other piece to note here is that the only true signifier, in changing from participating to women’s category to the men’s category, is testosterone levels. We will talk more about this later.
In 2021, the IOC further open up their qualifications for all individuals participating in the Olympics. “until evidence. . .determines otherwise, athletes should not be deemed to have an unfair or disproportionate competitive advantage due to their sex variations, physical appearance and/or transgender status” (Greey and Lenskyj, 2023, pg. 21) The IOC stated that the specific regulations will be more on a sport to sport basis and ensure that inclusion, prevention of harm, non-discrimination, fairness, no presumption of advantage, evidence based approach, primacy of health and bodily and autonomy, stakeholder centered approach, right to privacy, and periodic review will be at the center of their decision making. (Martowicz et al. 2022) With more data disproving the advantage that Trans women have, the IOC continues to open up their regulations.
The last sport governing body we will discuss here is the NCAA, or the National Collegiate Athletic Association. The NCAA is an organization committed to presiding over the wellbeing of all college athletes. They provide scholarships, help students graduate, manage student programs, oversee championships, and regulate policies for college sports. (NCAA, 2023)
The NCAA is committed to providing a fair and inclusive competitive sporting environment for all athletes. This includes not just allowing Trans women to compete in sport but find ways to make sure they are supported and can thrive in their environment. In 2020, the NCAA held a Summit on Gender Identity and Student- Athlete Participation. During that summit, the organization created strategies focusing in on healthcare, education, and administration, to help support TGNC (Trans and gender non-conforming) students. The health care initiatives include patient centered care that takes TGCN students goals and wishes into consideration, access to a mental health professional that is able to provide culturally sensitive care for TGCN students, and ensure that students and coaches are away of these mental health professionals who are able to help with these specific topics. The education initiatives include providing education, breaking down myths and biases, and providing nonjudgement space to ask questions for coaches, stakeholders, athletes, staff etc. NCAA also wants to ensure that TCGN individuals are not the ones responsible for educating others around them and will continue to review their education and methodologies to ensure all students are getting the proper support. Administrative initiatives include creating processies for students to determine their pronouns, ensure those pronouns are used across all student documentation, and review feedback from TGNC to continue and improve TCGN student resources. (Kroshus, et. al., 2023) This summit shows that the NCAA is working to make sure Trans athletes are not only able to play but feel supported and comfortable in their environment.
Save Women’s Sports
Save Women’s Sport is a coalition dedicated to keeping trans women out of women’s sports. This organization, started by Lorraine Moller, feels that Trans women have an unfair advantage due to possible higher testosterone and instead should have their own separate category to compete in. Moller even goes as far to say that “women are under threat”. The coalition leans heavy into binary thinking, claiming the large biological differences between male and females would put Trans women at an unfair advantage over cisgender women.
Safety is another concern that Save Women’s Sports discusses. They state that if allowing Trans women to compete in the women’s category of a specified sport increases the risk of safety to the other athletes, then Trans women should not be allowed to join in that particular sport’s women’s category. Sports with impact would be the most effected. (Save Women’s Sport, 2023) This Australian based coalition is concerned that this increased risk would cause more injury, and further, a decrease in participation in women’s sports for years to come. They state that they prioritize safety and fairness over inclusion. They further state that while organizations and IOC scientists are more concerned with inclusion, they are more concerned with the safety concern due to the biological differences of males and females.
Why is Sport So Important?
To many, sport may seem like a cause not worth fighting over. It may seem frivolous or unimportant, but sport plays a large role in many people’s lives. Sport is a symbol for power, strength, progress, community, learning, and so much more. People learn many lessons as an individual and as a team when they participate in sport. It is absolutely something worth fighting for.
For Trans individuals, sport can be even more imperative in providing a positive outlet. Trans individuals face higher risks for mental health struggles and have elevated stress due to constant stigma and discrimination. (Kroshus et al., 2023) Participating in a sport provides movement, builds self-efficacy, creates community and support and provides strength. Without sport, Trans youth can miss out on many benefits.
According to Kroshus et al. the participation levels of Trans individuals decreased when gender disclosure became more of a focus of the sport. This was often due to lack of inclusion and support in their sport.
Youth Sports
Unfortunately, Trans inclusion is not just a concern in professional sports, it is a concern in youth sports as well. Many people feel that Trans kids should not be able to play as their gender and use safety and fairness as the crux of their argument for keeping Trans kids out of sport. Both have large impacts on Trans individuals and those around them.
“Nearly 7 in 10 American children between the ages of 6 and 12 engage in some form of athletics. In the process, they build critical life skills, such as communication, teamwork and leadership, while providing a community of peers with whom to connect and develop positive relationships. Girls who have access to sport consistently report better grades, better health, higher self-esteem, fewer risky behaviors and a stronger belief in their abilities and competencies” ((Greey and Lenskyj pg. 19) There are myriad benefits that participants receive because of their involvement in sport. Athletes also benefits as a group all together as participants meet people who share different cultures, ideas, religions, skin color, orientations, etc. By being on a team with people who are different than ourselves, it helps create empathy and cohesion between teammates. This empathy and cohesion can translate outside of their team and their sport as well. By keeping Trans youth out of sports, not only is it preventing Trans children from receiving these benefits, but it is also preventing generations and the community around them from building relationships, empathy and unity between different people. It is keeping the knowledge of what it means to be Trans away from other youth which further hurts the Trans community.
While many states, schools, and youth organizations have made sure Trans youth are able to participate, the final decision of inclusion is left up to each state. There are currently bills all over the United States that are threatening the ability for Trans individuals, at various levels, to participate in sports. This is concerning as the effects of denying youth participation can have lasting repercussions for that individual as well as the community around them.
What Does Current Science Tell us?
Currently, there is still a vast amount of research to be done regarding Trans and gender non-conforming individuals. Let’s look at what current research there is and how that can help determine the ethics behind what Trans inclusion could and should look like.
Breaking Down the Binary
The first argument that we will address is the false binary of the sexes. Groups such as Save Women’s Sport believe that there are biologically two sexes, males who have external genitalia and higher testosterone and females who have lower testosterone and have internal genitalia. (We will talk about how that’s not always the case) While these types of groups may believe there are multiple genders (some also don’t believe in multiple genders either), they state that, biologically, males and females are different and due to this difference, a Trans women could not and should be able to compete in the women’s category.
However, this is incorrect. Biologically, there are more than two sexes. Some of the possible Sex chromosomes that show up naturally in humans are: XX, XY, XXY, XXX, XYY and X. These types of variations from XX and XY occur in about 1% of the population. (Greey and Lenskyj pg. 7). This may sound quite small but 1% of billions of people is still tens of millions of people and should not be put to the side.
People who have something other than an XX or XY chromosomes are referred to as Intersex. Intersex individuals can also have genitalia that doesn’t match (In a traditional sense) their chromosomes; so someone with XX may have gonads and someone with XY chromosomes may have a vagina rather than the reverse. While many people believe that there are only two possible boxes for humans to fill, male or female, there are actually a wide variety of how biological sex is displayed. Some individuals may recognize the variation but categorize it as “weird” or “not normal” and still think people should acclimate themselves to fit into either male or female boxes.
This lack of understanding of variation was displayed in the original 2003 IOC guidelines where Trans participants had to go as far as changing their genitalia in order to compete. This type of procedure is not always wanted by every trans person and therefore encroaches on body autonomy as well as costs the participant tens of thousands of dollars that might not be accessible to them. This regulation was thankfully taken away in the 2015 IOC guidelines. As Kroshus states in their article, “Moreover, genitals do not play sports: genitals are absolutely irrelevant to sport performance.” (Kroshus et. al, 2023, pg. 116)
The existence of variations in sex chromosomes, genitalia, and other gender expressions show that there is a not a simple two box option of male or female; it is inherently more complicated than that. Maybe the categorization that was once created does not work in the same way we once thought it did.
What Role Does Testosterone Play?
The second argument often revolves around testosterone. First, let’s talk about the difference between endogenous Testosterone and exogenous testosterone. Endogenous is what is naturally occurring in the body. Exogenous is testosterone that is given to the body from an outside source.
Many people think that biologically, men have more testosterone than women. This is not always the case. Both men and women exist on a spectrum of endogenous testosterone. In a Dotplot of serum testosterone in elite men and women athletes, men had a range between 1 and 41. Women had a range of 1 to 32. While the upper end of men’s endogenous testosterone is higher than women’s high end, the range has quite a large overlap. This means that testosterone is not the end all be all of athletic ability. (Kroshus et al., 2023)
While understanding these numbers is a piece of the puzzle, Kroshus et al. makes a great point that when we are comparing testosterone levels of men to women, it is making the statement that Trans women are not actually women. Instead, we need to be comparing Trans women to cisgender women. (2023) Unfortunately these kinds of studies have yet to be done as this research is still very much in it’s infancy.
Something to note here, is that only Trans women and cisgender women are being examined for their testosterone levels however, there are no restrictions placed on men or trans men when competing. Even if their levels are higher than average, there is no worry that they may outperform or have an unfair advantage. However, with women’s sports, if anyone, trans woman, intersex, or cisgender has an endogenous testosterone level that is deemed to be too high, they are forced to take testosterone suppressants in order to compete. In future years, or even currently, it is very possible that this will be looked at as a hinderance of bodily autonomy, just like in the 2003 IOC policy where it stated that trans individuals needed to have “surgical anatomical charges” in order to compete.
Based on the current data, Kroshus et al. makes an estimation that women with high testosterone may have a 2-3% advantage. It is important to note that while there may be a small possible advantage in this one category, there are myriad factors that have an even larger advantage to which are not regulated. (2023) Just because someone has an advantage in one area does not mean they have an overall higher advantage. We will discuss this in the next section.
“In short, all available scientific evidence suggests that there is no overall relationship between endogenous testosterone and sport performance. … There is also no available scientific evidence that post-transition trans women have an unfair competitive advantage. Instead, what little research we have indicates that post-transition trans women have no competitive advantage over cis women. “ (Kroshus et al., 2023, pg. 119) While people will continue to cite science as their basis for discrimination, there is indeed no supporting evidence to support these claims. Science is doing the opposite and disproving what claims were earlier thought to be true. As stated before, this research is still in its infancy and more research needs to be conducted. Hopefully as more research is completed, more individuals will decrease their fear and allow space to think in different and more inclusive ways.
Breaking Down Fairness in Sport
Fairness is a value that is discussed on both sides of this argument. Groups such as Save Women’s Sport believe that it is unfair to allow trans women compete in women’s’ category of sport. Pro trans inclusion feel that it is unfair to disqualify an individual to participate based on their sex and gender and sport is meant to be experienced by all individuals. So what does it mean for something to be fair?
“Currently, however, there exists no physiological performance data proving that transgender females have an athletic advantage over cisgender women. Although the concept of fairness is linked to many premises, such as justice, equal access and inclusion, debates regarding the participation of trans women and girls in sport tend to rely on a singular premise of fairness: physiological equivalency.” (Greey and Lenskyj, 2023, pg. 10) As we explored earlier, testosterone is an argument for differences between males and females. While this physical trait is heavily pointed to as a topic of fairness, other physical traits are generally not thought of as an advantage enough to regulate them or create different categories. Physical traits such as height, limb length, genetic variations, webbing of feet, etc. are all physical traits that can give individuals an advantage in certain sports, however, they are never pointed to as something needs to change about themselves. (Greey and Lenskyj, 2023)
Social factors are also a big difference from athlete to athlete. Money and access play a huge role in how well an athlete performs. Some athletes are born into higher socio economic families and therefore have better access to training facilities, coaches, equipment, ability to travel, better nutrition, more and better healthcare, as well as fees for participation in their sport. (Greey and Lenskyj, 2023) All of these factors can be the difference between someone becoming professional or an Olympian and being a casual participant.
100% fairness and equality between athletes would not be possible. There are too many variations and complex differences from person to person. Also, if it was completely equal, there would be just a bunch of ties and no true competition. (Kroshus et. al, 2023) Part of sport and competition is learning to use what works best for you as an athlete. It involves pushing through the struggles and differences that may exist. This attack and focus on one physical trait (testosterone) leans more towards a lack of understanding, transphobia, and sexist ideas and we should move away from this way of thinking.
Since 100% evenness across the board is not possible, let’s look at how organizations like the IOC make these large decisions on who is able to participate and when. Ivy and Conrad discuss in their paper, what justifiable discrimination looks like. They refer to Rawl’s example of an individual with shaky hands who wants to be a surgeon(2018); this is a place where the discrimination is justifiable and understandable. They also discuss that “a discriminatory policy is permitted when it is in service of a worthy social goal, when the policy is necessary and effective at promoting that worthy social goal, and when the benefit to society is proportional to the harm caused to the affected group of individual” (Ivy and Conrad, 2018, pg. 107). They use the example of placing a murderer behind bars is justified as a safety precaution but placing that murderer in solitary confinement doesn’t do anything more to enhance the safety of other individuals outside of jail and therefore may not be justifiable. This type of thinking is often used legal human rights frameworks. (Ivy and Conrad, 2018). By using these guidelines, one can see how it is indeed a human right for Trans women to be able to compete.
In order to help set standards for participation, the IOC has a set of principles. Here are a few that are notable in this argument:
“Principle 4: The practice of sport is a human right. Every individual must have the possibility of practicing sport, without discrimination of any kind and in the Olympic spirit, which requires mutual understanding with a spirit of friendship, solidarity, and fair play.” Ivy and Conrad, 2018, pg. 107).
“Principle 6: Each of these rights and freedoms must be secured without any discrimination on the basis of race, color, sex, sexual orientation, language, religion, political, or other opinion, national or social origin, property, birth or other status” (Ivy and Conrad, 2018, pg. 107).
These principles show that Trans women should indeed be allowed to compete in the women’s category. In the past women, people of color, and disabled individuals were looked down upon and thought of as not deserving of playing sport or shouldn’t be allowed to play sport for whatever reason. Now we see this discrimination and think, how could anyone have allowed that? How could people have been so small minded? I hope in the future we think the same about Trans inclusion in sport. How could Trans women not be allowed to compete?
What Should Trans Athlete Participation Look Like?
There was a time in my life where sport and movement showed how important they were to my mental health. With anxiety and depression becoming ever present, I realized how sport gave me self-efficacy, confidence, a community, and purpose. As a strength coach, I have seen what movement and sport can do for people and their lives. I believe that sport is a human right, that all individuals should be allowed to compete in sport. Keeping sport out of the lives of Trans individuals furthers the discrimination and stigma they face every day. While sport is by no means the end of the fight for justice, it can serve as a lifeline for Trans individuals who are seeking acceptance, community, and confidence.
The argument against Trans participation is filled with vitriol, ignorance and a lack of empathy. The “science” people have used to try and keep Trans women out of sport is often flawed, cherry picked and unsubstantiated science and if anything, has helped prove there is not a considerable athletic advantage to being a Trans woman over cisgender women. Furthermore, diving deeper into the science has brought about questions of male and female categories all together. Because there is a wider range of variation, maybe this means we need a different categorization all together. To this, I do not have a fully-fledged answer yet, but I think it’s important to keep returning to this question over time and remain open to other possibilities.
In Ivy and Conrad’s article, they explain a theory for what acceptable discrimination would look like and how organizations make these type of hard decisions. A discriminatory stance is justifiable “when the benefit to society is proportional to the harm caused to the affected group of individual”. In this case, keeping Trans individuals out of sport causes a great deal of harm to the individual as well as society. As stated previously, Trans individuals face heavy discrimination and stigma placing them in harm’s way constantly. Keeping Trans individuals out of sport keeps them as an other, an outlier, and not fitting in. Trans people deserve to fit in just as people of color and women deserved to fit in as well. Organizations like the IOC and NCAA are doing great work to further the acceptance and inclusion of all individuals in their sport. My hope is this mindset of inclusion and sport as a human right continue to spread to more organizations and more individuals in order to create a more symbiotic and harmonious society.
Work Cited
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