Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

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

16768707273156

Comments

  • Registered Users, Registered Users 2 Posts: 12,050 ✭✭✭✭Frank Bullitt


    How is it remotely workable? Aren't the rules for female soccer the same as male? Or for track and field with sprinting or marathon running? Boxing as well while we are at it, rugby, tennis, name any sport and how you would change the rules to make them equal, if as you imply they are not equal right now.

    Please answer the above.



  • Registered Users, Registered Users 2 Posts: 24,297 ✭✭✭✭One eyed Jack



    Punching anyone in the face, the effects can be serious, dangerous, and so safely rules and regulations are introduced all the time in sports to ensure player’s safety. Do you think it would be unreasonable to discipline a player for deliberately spiking the ball into a players face? Players in all sorts of sports have been disciplined for tweets disagreeing with referee’s decisions, I’m sure it wouldn’t be beyond the bounds of possibility to change the rules to mitigate the sorts of injuries being reported in an article I looked up (because I’ll be honest, seeing a girl take a ball to the face is not something I wish to actually see, and I can avoid it by simply not viewing the clip in the tweet) -

    https://news.yahoo.com/female-volleyball-player-testifies-physical-185218911.html



  • Registered Users, Registered Users 2 Posts: 24,297 ✭✭✭✭One eyed Jack



    Like I said earlier - I’m sure the sport’s governing bodies could put their collective heads together, bring in outside agencies as they often do, and come up with ways to make the sport fair for everyone involved, similar to the way helmets were made mandatory at all levels in hurling a few years ago to prevent head injuries -

    https://www.irishtimes.com/news/hurling-helmets-compulsory-at-all-levels-1.1229780



  • Registered Users, Registered Users 2 Posts: 12,050 ✭✭✭✭Frank Bullitt


    You haven't answered the question at all.

    You are the only now saying changing the rules will make it fair, when the rules are already the same for most sports like the ones I mentioned. You said they can be changed to make them more "equal".

    I just want an example of what rules can be changed to make it more equal, other than keeping sports segregated by sex as they are now.

    1 example, just 1.



  • Registered Users, Registered Users 2 Posts: 24,297 ✭✭✭✭One eyed Jack



    Well there’s your one example surely? Introduce a new rule where participants are not discriminated against on the basis of gender - job done, wrap it up, we’re done here 👍



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 12,050 ✭✭✭✭Frank Bullitt




  • Registered Users, Registered Users 2 Posts: 7,448 ✭✭✭plodder



    Punching anyone in the face, the effects can be serious, dangerous, and so safely rules and regulations are introduced all the time in sports to ensure player’s safety. Do you think it would be unreasonable to discipline a player for deliberately spiking the ball into a players face?

    How do you tell if it is deliberate? Volleyball is a sport where people have to accept the ball being fired over the net at speed. If anything, the intent would normally be to avoid an opponent, and hit the ball off the ground. It's the same in tennis. You can hit the ball straight at your opponent and maybe in social competitions it's not considered good practice but it is perfectly legal.



  • Registered Users, Registered Users 2 Posts: 24,297 ✭✭✭✭One eyed Jack



    I know you said sex, I said gender. What’s your problem now? You asked for one example to make any sport more equal, and you got it. You surely don’t expect I’m going to limit myself to playing by your rules when we’re both equals already? Or when I say equal, do you imagine I think we’re the same?

    I only ask because I’m still trying to figure out if you actually believe jockeys and basketball players emerge from the womb on a saddle with a basketball in hand, or is it actually a fact that all humans are created equal?



  • Registered Users, Registered Users 2 Posts: 24,297 ✭✭✭✭One eyed Jack



    From watching the play surely? Of course there’s a risk involved in the game but that girl sounds like she ended up with severe injuries which could only happen if it were a deliberate act on the part of the other player. Accidents will happen of course, but people use their judgment in these situations all the time.



  • Registered Users, Registered Users 2 Posts: 12,050 ✭✭✭✭Frank Bullitt


    My “problem” is the same as it has been, we now have a movement that try and mark this resistance to biological males competing in female sports (at the expense of females) as some form of oppression. It’s just another manifestation of male privilege and biological women getting fucked over again in society.

    No clue (again) with what you mean by equal and if humans are created equal. For a start, we aren’t created, we are an evolved species, nothing created us. Of course jockeys etc don’t emerge with a sporting tool, don’t be so facetious. Sports and games have rules and so forth, you were saying maybe there is a way to make them more “equal”, I’ve asked for how that is possible and what could be done. If it’s some sort of quip that games and sports are geared towards males more, and that’s why we see the different results/numbers etc over females, that’s just a fickle way of skipping over the biological facts that males and females are vastly different.

    You already know this though, look at soccer, rugby, boxing, tennis or any sport requiring physical output. There is your evidence, and that is why sports are segregated by sex. To make it equal.



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 41,113 ✭✭✭✭Annasopra


    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Registered Users, Registered Users 2 Posts: 7,448 ✭✭✭plodder



    How could it "only happen if it were a deliberate act"? Maybe at Olympic level, the skill levels are so high that you could have a suspicion about it, but you could never prove it, since intent is a state of mind. But, at high school level, I don't think you could even have a reasonable suspicion. In any case, it's not against the rules. You could never outlaw it because you could never tell the difference between a deliberate and an accidental hit. It's not like rugby where specific kinds of tackle are against the rules, because they are dangerous, they aren't an essential part of the game, and most important they can easily be identified. Though it's interesting that the net is 19 cm lower in women's volleyball. So, people who played the male game definitely have an advantage when it comes to spiking, if they switch to the women's game.



  • Registered Users, Registered Users 2 Posts: 24,297 ✭✭✭✭One eyed Jack



    Intent is determined all the time, based upon reasonable doubt - people charged with an offence are entitled to the presumption of innocence until proven guilty beyond reasonable doubt. The same principle applies in sports, which is why sports have disciplinary procedures and all that sort of stuff. Volleyball is but one specific example in many thousands of different sports, but if they’re not going to make aiming the ball at a players face a foul, then make wearing face shields mandatory, like they did in hurling with helmets, in order to prevent injuries.

    https://www.drducic.com/files/2021/02/Volleyball-related-adult-maxillofacial-trauma-injuries-min.pdf



  • Registered Users, Registered Users 2 Posts: 24,297 ✭✭✭✭One eyed Jack



    “a manifestation of male privilege” 🙄

    When did you get so woke Frank? 😂


    You tell me not to be so facetious while you pretend you don’t understand what’s meant by all humans are created equal and how it applies in the context of Human Rights; you were even able to cite from the Declaration of Independence so there’s no doubt you at least have a passing familiarity with the concept, yet you expect I should treat you like you’re an idiot. I’m not going to do that, but what I will do is point out that I was referring to how it applies in the Universal Declaration of Human Rights -

    All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

    https://www.un.org/en/about-us/universal-declaration-of-human-rights


    You can argue the toss about how the word ‘brotherhood’ is yet another example of male privilege if you like 😒



  • Registered Users, Registered Users 2 Posts: 1,868 ✭✭✭Large bottle small glass


    Did you ever play a physical contact sport?

    The only way to make rugby safe for females playing with males is to make it tag rugby.

    Forgetting all about thuggish behaviour etc the essence of rugby IS the physical contest. It won't be rugby if you make it a one category sport.

    The amount of comments from people in relation to sports who haven't a clue about any sports is quite something.



  • Registered Users, Registered Users 2 Posts: 24,297 ✭✭✭✭One eyed Jack



    Yes I did, and no I won’t forget about thuggish behaviour because while the essence of any sport is indeed the physical and psychological contest, the sad reality is that there are a tiny number of absolute bell-ends who don’t care about anyone but themselves. They should be rooted out of any sport. Fairly basic stuff that applies in any domain, that even if one never played sports, they could understand that much.

    It’s taught from childhood, yet some adults persist in their thinking that nobody else is relevant in their world, “facts don’t care about feelings” type numbnuts. I’ve no doubt you’ve experienced them at some point in your life.



  • Registered Users, Registered Users 2 Posts: 7,448 ✭✭✭plodder


    So, how would you determine the intent in that video?

    I'd say most volleyball players wouldn't be in favour of requiring helmets. Are they even allowed? The same principle would apply to lots of other sports as well, eg soccer. Should soccer players wear helmets too?



  • Registered Users, Registered Users 2 Posts: 24,297 ✭✭✭✭One eyed Jack



    I wouldn't plodder, tbh, because I'm not going to watch the video. From her testimony given before the State legislature it appears McNabb was left physically and mentally incapacitated by her injuries, which is enough indication as far as I'm concerned that the video is gruesome - not something I want to witness -

    A transgender rival from Highlands High School hit the ball, which knocked McNabb unconscious.

    'I was severely injured in a high school volleyball game by a transgender athlete on the opposing team,' McNabb said on Tuesday.

    'I suffered from a concussion and neck injury that to this day I am still recovering from.

    'Other injuries I still suffer from today include impaired vision, partial paralysis on my right side, constant headaches, as well as anxiety and depression.

    'I was unable to play the rest of my last volleyball season, and although I am currently playing softball I know I am not performing as well as I have in the past, because of my injury.'

    She said her academic performance has been harmed, and she now needs 'accommodations at school for testing'.

    She said she was not able to 'learn, retain, comprehend' as before.

    'I could go on and on about how this has affected my life,' McNabb said.

    First step anyways would be to refer to the code of conduct, and we're not off to a great start -

    Page not found - USA Volleyball

    So check the Governance manual -

    The official USA Volleyball Indoor Rules Book (adobe.com)

    Then interview the player in question to allow them the chance to explain themselves, and determine appropriate sanctions thereafter.

    Then review if there is a significant issue with players receiving facial injuries during play, and if there is - introduce mandatory face shields as part of the rules of participating in the game. Some players may not like the idea, but it's for the safety of all players of the game. I'm not concerned with whether or not soccer players should or shouldn't wear protective gear, but if there's an issue with players receiving concussion injuries as a result of heading the ball for example, then those governing the rules of the sport should review the issue, and it appears they're doing that -

    Brain injury expert calls for ban on heading in football - BBC Sport

    Helmets IMO are a fcuking abomination, they're uncomfortable af, but there is overwhelming evidence that they are effective in reducing the risk of severe injuries, and on that basis it's not an unreasonable measure to introduce, that if anyone wants to participate in the sport, it's made clear to them that they must wear the proper equipment in order to participate in the sport.



  • Registered Users, Registered Users 2 Posts: 11,789 ✭✭✭✭BattleCorp


    You are not answering questions because you know you are talking rubbish. Trying to distract from the dangers posed to women from biological males who identify as females by talking about safety rules, disagreeing with referees decisions etc.

    What safety rules and regulations can you introduce into boxing to stop someone getting punched in the head, face or the body?

    What safety rules can you introduce into rugby to stop tackling?

    I've come to the conclusion that you know nothing about sport. I'm also guessing you don't have any daughters because you wouldn't be too impressed if one of them was getting into the ring to fight a biological male. I'd be fairly confident you'd be worried for her safety.



  • Registered Users, Registered Users 2 Posts: 7,448 ✭✭✭plodder


    I wouldn't plodder, tbh, because I'm not going to watch the video. From her testimony given before the State legislature it appears McNabb was left physically and mentally incapacitated by her injuries, which is enough indication as far as I'm concerned that the video is gruesome - not something I want to witness -

    Then take it from me. There's no way you can tell if it was deliberate or accidental.

    The rule book you linked says nothing about what happens, or should happen to the ball (other than the rules related to point scoring) after it passes over the net. You can hit it as hard as you like. One assumes you are expected to hit it as hard as you can, in order to score the point.

    Then interview the player in question to allow them the chance to explain themselves, and determine appropriate sanctions thereafter.

    Then review if there is a significant issue with players receiving facial injuries during play, and if there is - introduce mandatory face shields as part of the rules of participating in the game. Some players may not like the idea, but it's for the safety of all players of the game. I'm not concerned with whether or not soccer players should or shouldn't wear protective gear, but if there's an issue with players receiving concussion injuries as a result of heading the ball for example, then those governing the rules of the sport should review the issue, and it appears they're doing that -

    Changing the rules like that is just not going to happen.

    Brain injury expert calls for ban on heading in football - BBC Sport


    Helmets IMO are a fcuking abomination, they're uncomfortable af, but there is overwhelming evidence that they are effective in reducing the risk of severe injuries, and on that basis it's not an unreasonable measure to introduce, that if anyone wants to participate in the sport, it's made clear to them that they must wear the proper equipment in order to participate in the sport

    Introducing helmets to women's sport to protect them from males, is not going to happen imo. Though it seems they are used by some in volleyball. So, they are allowed.



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 24,297 ✭✭✭✭One eyed Jack



    I've come to the conclusion that you know nothing about sport. I'm also guessing you don't have any daughters because you wouldn't be too impressed if one of them was getting into the ring to fight a biological male. I'd be fairly confident you'd be worried for her safety.


    I wouldn’t be too impressed with the scumbag who thinks it should be acceptable for anyone to box the head off another person and call that a sport. I guess we all have our standards.



    Whether it does or doesn’t happen eventually is really neither here nor there as we’re just spitballing and you asked me what I would do. That’s what I’d do if I were genuinely concerned enough about an issue to the point where I would campaign to have those measures introduced, or change the rules or whatever I thought were necessary or appropriate. I remember lads scoffing at the notion of helmets being made mandatory in hurling, now it’s just standard, and while there are still the few who complain about it, they know that if they’re not willing to wear the helmet, they don’t get to participate in the sport. The sport isn’t going to die because someone imagines the sport wouldn’t be anything without them 🙄



  • Registered Users, Registered Users 2 Posts: 11,789 ✭✭✭✭BattleCorp


    I wouldn’t be too impressed with the scumbag who thinks it should be acceptable for anyone to box the head off another person and call that a sport. I guess we all have our standards.

    So, you think everyone who engages in or watches boxing is a scumbag. Right so.



  • Registered Users, Registered Users 2 Posts: 12,050 ✭✭✭✭Frank Bullitt


    I am not "woke", I can see things for what they are. Caitlyn Jenner getting women of the year...privileged white male getting one over on women yet again. Add a few trans athletes to that and you get the idea.

    So where does biological male participation in female sports factor on the "born free and qual in dignity and rights"? No one has a right to play in any sport, and even more so no one has the right take away rights of biological females because they "feel" a certain way, and bring physiological advantages with them into sports.

    Again though, I will ask you, how can changes in the current rule set (you can pick the sport) be made to make things more "equal" as you put it? Maybe a height restriction for basketball to make it equal? Or telling boxers they can only throw one power punch each round perhaps?

    You can pick the sport, and make the change. Go!



  • Registered Users, Registered Users 2 Posts: 12,050 ✭✭✭✭Frank Bullitt


    This post would hilarious if it wasn't so blinded.



  • Registered Users, Registered Users 2 Posts: 24,297 ✭✭✭✭One eyed Jack



    I know only too well you’re not woke Frank, that’s why when you of all people use a term like “male privilege”, I know you’re only interested in taking the piss. The rules of this website prohibit me from expressing how I actually feel about that, because I’m compelled to be civil. Pain in the arse but I’m not all that bothered that I’m interested in seeing that rule changed, just like I’m not all that bothered about people who are transgender having the right to compete in sports in accordance with their preferred gender. Other people are interested in seeing that rules which permit them to do so being changed, so in answer to your question - any sport where people are not treated as equals and are denied the opportunity to participate in sports in accordance with their preferred gender.

    You’re wrong in claiming that nobody has a right to play in any sport, rights only have any meaning within the context of law, you can’t just go making stuff up to suit yourself and expect everyone else to adhere to your beliefs when they are equally protected from discrimination as you are. Rather than try to convince you how wrong you are though, I’ll be willing to bet that you aren’t interested enough to see your own ideology through.

    It’d still be funny if you made the evening news by attempting to glue yourself to a snooker table or trying to hop the fences at Cheltenham all the same in the name of your ideology 😁



  • Registered Users, Registered Users 2 Posts: 12,050 ✭✭✭✭Frank Bullitt


    I don't need to be "woke" to use terms like I have. I have a pretty good understanding of history and it's plain for anyone to see, in particular in restricting women's rights over the years, like abortion access, being able to vote etc. So no, I am not taking the piss, believe it or not you don't have to be "woke" (useless term) to be an advocate for women's rights. I was raised by very strong and important women to me, so give me a break with using "woke" when I am just being a good bloody human.

    Where in the law does it say someone has a "right" to participate in sports? What of the obstacles in the way (outside of rights) that would prohibit someone, like the money needed for motorsport for example? Are they being denied a "right" because they don't have the money to take part in that sport?

    I am not expecting anyone to adhere to my "beliefs", this is my position and it goes against yours, and it is easy to cut through your position because it is mostly anti-science and has "feelings" applied to it. You mention human rights but that has no bearing on sports or this topic, you are indeed blinded by a faith based ideology, I have asked multiple times for an example of this "equal" playing field you are trying to pedal. You have yet to answer that still.

    Pain in the arse but I’m not all that bothered that I’m interested in seeing that rule changed, just like I’m not all that bothered about people who are transgender having the right to compete in sports in accordance with their preferred gender.

    So why are you posting anything in this thread? Do you have any interest in sports at all? (I will say you don't based on this)

    I wouldn’t be too impressed with the scumbag who thinks it should be acceptable for anyone to box the head off another person and call that a sport. I guess we all have our standards.

    So that means boxing, MMA, judo, taekwondo, kick boxing, Thai boxing, all are somehow offensive to you?



  • Registered Users, Registered Users 2 Posts: 8,716 ✭✭✭corks finest


    I'm a normal thinking man ( afaik)

    Grandfather of 14

    Don't want banned obviously,but I'll be buck honest.

    It's frightening and wrong if any athlete has any clear advantage over another competitor

    Be It a man in a womans race/ boxing match etc etc

    Or vive versa

    It's beyond mad ,and wrong.

    Solution - if you're transgender compete against other transgender ppl

    Know ATM that's obviously not possible as there's not enough trans ppl on the different sports to compete against each other,b

    ut FFS how can a person with the physique of a man be allowed to compete in a race against women

    In a womans race etc- doesn't make sense



  • Registered Users, Registered Users 2 Posts: 24,297 ✭✭✭✭One eyed Jack



    Where in the law does it say someone has a "right" to participate in sports?

    Participation in sport is recognised as a human right under the terms of the United Nations Universal Declaration of Human Rights (UDHR), as a component of ‘participation in the cultural life of the community’. It has also been declared a human right in the Council of Europe’s Sport for All Charter, the UNESCO International Charter of Physical Education, Physical Activity and Sport and the Olympic Charter. UN member states which have ratified the legal treaties associated with the UDHR undertake to assure the rights involved and to submit periodical reports to the UN on their progress in doing so.

    https://www.tandfonline.com/doi/abs/10.1080/16138171.2022.2032920?journalCode=ress20



  • Registered Users, Registered Users 2 Posts: 3,727 ✭✭✭Enduro


    We're all good on agreeing that gender could be used to define categories in sports (such as the Boston Marathon). Where you seem to have a problem is in accepting that the vast majority of sports do not do this, but instead categoirise by sex. Someone's gender is as relevant to their sex category as it is to their age or weight category, It has no bearing in other words. That's more than an opinion. That's by definition. If you think otherwise, and as a result of this that the rules are illegal under Irish human rights law then you or anyone else is free to challenge the rules on that basis. Until such a challenge is upheld then all that is is your perspective Nobody , including sports bodies, are bound to operate under your perpective until someone gets that perpective established through a cournt ruling. Funily enough there is absolute no sign or trace of that happening whatsoever.



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 3,727 ✭✭✭Enduro


    To re-iterate... If you think that the rules of any sport are illegal under Irish human rights law then you or anyone else is free to challenge the rules on that basis. Until such a challenge is upheld then all that is is your perspective 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: 24,297 ✭✭✭✭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 Posts: 3,727 ✭✭✭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: 12,050 ✭✭✭✭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: 24,297 ✭✭✭✭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: 24,297 ✭✭✭✭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.



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 3,727 ✭✭✭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: 24,297 ✭✭✭✭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 Posts: 3,727 ✭✭✭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 Posts: 27,465 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: 24,297 ✭✭✭✭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.



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 3,727 ✭✭✭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 Posts: 27,465 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: 24,297 ✭✭✭✭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 Posts: 3,727 ✭✭✭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 Posts: 27,465 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: 24,297 ✭✭✭✭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: 24,297 ✭✭✭✭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 Posts: 27,465 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 Posts: 3,727 ✭✭✭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: 24,297 ✭✭✭✭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!



  • Advertisement
Advertisement