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

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  • Registered Users Posts: 82,512 ✭✭✭✭Overheal


    Your point stands on sand and you are trying to argue negatives. Courts HAVE found that in fact, like the 4th circuit of appeals and the federal district court for West Virginia. I HAVE provided examples. You claiming they don’t exist is mere appeal to ignorance.



  • Posts: 0 [Deleted User]


    The only people forcing anything on anyone is the men trying not force their way into women’s sports.

    Ironically you would never watch or understand any sport that you’re so concerned about who gets to compete in anyway. You’re entire motivation is extremely questionable.

    You’ve given no reason as to why these “athletes” should be allowed in women’s sports other than they damn well want to. That’s not good enough.



  • Registered Users Posts: 3,637 ✭✭✭Enduro


    You have not provided any evidence of any rules of a SPORTS GOVERNING BODY categorising sporting competition by Sex, or by age, to be in contravention of any equality laws. (emphasis for slow learners, not to shout).

    Petty American regional/federal laws are not Competition rules of sports governing bodies.

    My point is rock solid. You just don't like it.



  • Registered Users Posts: 82,512 ✭✭✭✭Overheal




  • Registered Users Posts: 7,224 ✭✭✭plodder


    Good article in today's New York Times. It compares Title VI of the Civil Rights Act with Title IX of the education act which govern racial and sex discrimination respectively in federally funded sports. The language in the two laws is very similar but the effect is radically different such that racially segregated sport is taboo and unheard of but segregation by sex is (or was until recently) entrenched.

    A very significant judgement from the US Court of Appeals (2nd circuit) is due soon on Title IX and the issue of transgender athletes in sport. A smaller panel from the same court was reluctant to grant the women standing in the case originally, but then the entire court asked to hear the appeal which is unusual.

    This month, an en banc panel of the United States Court of Appeals for the Second Circuit heard arguments in a prominent case about whether Title IX prohibits transgender girls from participating in women’s sports. The case involves claims by four former Connecticut female high school track athletes who lost races to two transgender (natal male) athletes, including state championships.


    The plaintiffs in the case sought a declaration that the state sports league’s policy permitting transgender girls to compete in women’s athletics violated Title IX by “failing to provide competitive opportunities that effectively accommodate the abilities of girls” and failing to provide “equal treatment, benefits and opportunities for girls in athletic competition.” The plaintiffs argued that Title IX was intended to grant women and girls the “chance to be champions,” not just a right to compete.

    This is a good description of what Title IX used to be about

    But this is not the case when it comes to sex. The result of Title IX was not the large-scale creation of coed sports leagues, where men and women have an equal opportunity to compete in the same events, where the best man or woman makes the team, and the best man or woman wins the race. Instead, Title IX has resulted in the expansion of women’s sports into an enormous, separate and parallel apparatus, where women by the millions compete against one another, winning women’s titles in women’s leagues

    I imagine it will be appealed to the US Supreme Court whichever way it goes, and when it is, as I've argued here before I think there is a very strong chance the appeal will succeed. The Bostock case is frequently referred to as arguing against this appeal, but the issue was very different in that case as it referred to specifically discrimination in the workplace.


    https://www.nytimes.com/2023/06/25/opinion/womens-sports-under-fire.html?unlocked_article_code=wXq5z_9X76_5nlLauopZtpjhtUgUftsQy6oKd4tFlUPbvjhxPNxM5ECFcf0eIdHuS362-i4jqYWw5e_Sto0T6fLap8WyJgCM-Ysq59SpoHSZYgTCDwC0rO91_goQWSBYFztrCbnar596BhTWg0w4K-Fuvf4EyaRfWpPmewM8TmYUDZKuUk06-OBoVXGZ6HYt-IEvUSdAdzy0M1Mh1tT-x3Spu0BGWVJ_5-1I44WQMzSbOsTvW8V0XBCdUSCGnRgCAzFy6vpABPDhPyuaEbxLS_ZOU8-lChJnbl_gsOPpOJnY-2nSr1wrHwe0nkuR1DDEdgNguxMiI3XDAfI6e9SSrRs9&smid=url-share



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  • Registered Users Posts: 82,512 ✭✭✭✭Overheal


    Another law review I found that suggests how the law might handle it esp for school sports:

    "Although both fully inclusive and partially inclusive policies are consistent with the Constitution and Title IX, athletic policy decision makers should deeply consider which values they want to promote. State officials need to balance concerns over fair competition and safety with acknowledging the dignity and well-being of trans students. A policy that requires a trans girl to undergo hormone therapy for a year before competing against other girls might unduly burden a student who cannot afford expensive hormone treatments.311 Such a policy might also pressure a trans girl to pursue medical intervention that she might not otherwise desire.312 Partially inclusive athletic policies will prevent a trans girl who decides not to undergo hormone therapy, either because of prohibitive costs or a wish to maintain her natural hormonal levels, from making a full social transition if she is barred from playing on female sports teams. The full social transition is integral to a trans individual’s emotional health.313 Furthermore, a rule that bars trans girls who have not undergone hormone treatment from playing on girls’ teams may effectively “out” a trans student to her classmates. The NCAA model is constitutional, but a more trans-friendly approach might be a better fit for secondary schools. High school athletic associations need to decide whether preventing athletes like Yearwood from winning girls’ state championships is worth the emotional toll placed on trans girls who are prohibited from playing sports with their female classmates. After losing the 100-meter dash to Yearwood, Kate Hall, a junior who had won the event the previous year, was noticeably disappointed.314 As Hall fought back tears, she told a reporter, “I can’t really say what I want to say, but there’s not much I can do about it . . . . You can’t blame anyone . . . . From what I know [Yearwood] is really nice and that’s all that matters. She’s not rude and obnoxious.”315 Hall, through her grace and composure in defeat, proves that, although at times painful, fully inclusive policies are necessary to affirm the dignity of trans adolescents. This issue is bigger than one athlete or one track meet. Interscholastic sports should be in service of larger educational goals, and there is no more important lesson than teaching young people that their trans classmates deserve the opportunity to fully live their truth, including playing sports consistent with their gender identity. "




  • Posts: 0 [Deleted User]


    What’s especially bizarre is that just because some woke idiot judge in America, or just a judge under pressure from activists decides this is ok then somehow I should change my stance on it and concede defeat.

    Any judge that allows this is a failure and their failure doesn’t dictate my opinion.



  • Registered Users Posts: 82,512 ✭✭✭✭Overheal


    Clearly, some people will just want to be mad and nothing will ever change their minds. Yes, all these judges across all these jurisdictions in the United States, they're all activist woke judges, that must be it. It's not like the state judges in these red states are liberal by any means. You act like Trump hadn't appointed over a quarter of the entire federal bunch and the Trump stacked supreme court refused to reinstate these transgender bans when they've come to their desk or anything. 😂 What stage of the debate is it when people deflect to such pithy conspiracy theories?



  • Registered Users Posts: 3,637 ✭✭✭Enduro


    That is just opinion (The opinion being that natal females should just "get over it", whilst transgender athletes should get everything they want, irrespective of how many people are negatively impacted as a result).

    Thankfully the growing opinion of sports governing bodies is that fairness is more important than inclusivity in sports. As a result more and more sports governing bodies are in fact tightening up the rules around sex-based categories to achieve fair competition by ensuring that the eligibility for sex categories is based on a person's sex, not their gender.



  • Registered Users Posts: 82,512 ✭✭✭✭Overheal


    On the whole SGBs are taking a much more holistic approach than you are trying to give them credit for.

    I can't say the same for legislative bodies, which again are heavily influenced by not resolving a problem (ie. with the sports or with fairness in a timely manner) but in keeping voters riled up about things to win elections over (and that fervor needs to hold through clear to election season - this played out for decades with abortion, they kept the drama going with seasonal dead-on-arrival bills, constantly trolling the judiciary to overturn Roe while they kept marketing to voters to let them pack the court (which they did when they held up Obama's appointees (for SCOTUS, and the lower benches) and shoved in ACB right before a general election, etc etc)).

    SGBs as NGOs don't have nearly the same authority or restrictions on their authority, under the law, as applies in the case of this trying to be effected out into statewide/national bans. What might be good for one SGB might not be good for another, and a one size fits all legislative approach is consistently getting beat up in the courts (those same 'activist woke' courts that overturned abortion rights, gutted the voting rights act and the civil rights act, much woke on the bench clearly /rant)



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  • Registered Users Posts: 82,512 ✭✭✭✭Overheal




  • Posts: 0 [Deleted User]


    I don’t care about those judges opinions and I don’t know the ins and outs of any of those cases nor am interested. You’ve already been proven wrong about what the Supreme Court ruled anyway.

    I have my opinion and I’m discussing with you but all you seen to have is random links to people you think agree with you. As if that validates you in anyway.

    150 pages in and you still have not explained why you think males have a right to impose themselves into women’s sport. In fact I don’t think you’ve explained your opinion on any of the critical questions.



  • Registered Users Posts: 82,512 ✭✭✭✭Overheal


    You ask for critical discussion but dismiss court findings?

    Where are you saying I was "proven wrong" by SCOTUS (some judges you seem to care about the opinion of)?

    150 pages in and you still have not explained why you think males have a right to impose themselves into women’s sport.

    150 pages in and you still have not explained why grown adults need to see children's birth certs, genitals in some extreme cases, but here we are with equally absurd, deflectionary and loaded questions.



  • Registered Users Posts: 3,637 ✭✭✭Enduro


    Good article. Thanks for posting.

    The last paragraph sums up this debate nicely :

    All people are created equal, and possess equal moral worth, but we are not all created the same. To protect equal opportunity, there are times when the law should recognize differences. And in the realm of athletics, if we want to both secure and continue the remarkable advances women have made in the 51 years since Congress passed Title IX, it’s important to remember that sex still matters, and sex distinctions in the law should remain.



  • Posts: 0 [Deleted User]


    Judges in the US also overturned Roe v Wade, but at the time many were arguing they were wrong to do so.

    In other words, judges don't always make the right and moral decision.

    You may well be right to point to some examples in the US where a number of judges are making the wrong decision about women's sport.

    Thankfully the trend is moving very much the other way everywhere else, with sporting bodies -- not judges -- deciding on logic and evidence that the inclusion of biological males in women's sport is neither fair nor reasonable.



  • Registered Users Posts: 82,512 ✭✭✭✭Overheal


    "Right" and "morality" these are no what judges rule on, they rule on the law remember. Quite a porkie to imply they neither deal with logic nor evidence nor reason. The judiciary isn't a papacy. Dred Scott v Sanford wasn't written because the Justices really thought they had a moral right to slaves, they wrote it because the constitution was very clear that it was not a document that granted full personhood to blacks, they were 3/5ths of a person. The ruling necessitated the Reconstruction Amendments.

    If judges aren't arbiters of right and wrong, I don't think anonymous users online are the arbiters, and I don't care if you want to opine or spin that these judges in all these different cases are all simultaneously off their rockers using the much the exact same legal reasoning as one another. SGBs, even the White House, take a more holistic approach then the sweeping bans you have touted yourself on here, implicitly as "right" and "moral."



  • Registered Users Posts: 3,637 ✭✭✭Enduro


    Here is a left-of-centre publication article on perhaps the world's best-known sports administrator in the biggest sport of the world's biggest sporting event giving his opinion on prioritising fairness over inclusion ...

    Coe said. “And I’ve always made it clear: if we ever get pushed into a corner to that point where we’re making a judgment about fairness or inclusion, I will always fall down on the side of fairness.”

    (https://www.theguardian.com/sport/2022/jun/20/sebastian-coe-hints-athletics-may-bar-transgender-women-from-female-competition)

    So it seems that what I have said is exactly what is happening. Care to provide some evidence for your assertion that this is not the case?

    As for the waffle about petty American culture war legal spats, so what? International sports governing bodies decide the elligibilty criteria for their sports categories.



  • Posts: 0 [Deleted User]


    You’re confusing having rules with the methods of enforcement of those rules.

    And nothing wrong with asking for someone’s birth cert. You want to play prove you’re eligible. I remember playing football as a kid people were often asked to show birth certs to prove they’re in the right age group. Now it’s to check for a different kind of cheating. I’m ok with that.

    And court findings weren’t so infallible to you with Roe v Wade.

    I still don’t know what you even believe and why your so for men competing in women’s sports



  • Registered Users Posts: 82,512 ✭✭✭✭Overheal


    "so what?" other users wanted to discuss and celebrate them (esp. the Texas trans sports ban).

    This article you gave seems rather vague no? Hinting at something and setting an actual rule or even in fact, publishing a determination by the SGB, that would actually prove it wouldn't it, this claim of yours that SGBs are not taking a holistic approach because he declares a bias toward buzzword, "fairness" over "inclusion?"

    This article is 1 year old and "hinted" it could "soon follow suit." Well has it?

    Someone linked to an olympic associated document earlier for example, with definitions like male female in it etc. and that itself also appeared in its foreword to have taken on a holistic approach that weighed the advice of all stakeholders, including trans athletes.



  • Registered Users Posts: 3,637 ✭✭✭Enduro


    The someone was me, the sport was swimming, and the end result of all their consultation etc was that their sex categories are strictly defined by sex-based criteria. Transgender athletes are free to participate in which category that corresponds with their sex, irrespective of their gender identity. I'm glad to see you supporting this as a model approach. It's exactly the approach that Seb Cooe specifically called out in the article above. It's exactly the approach that nearly everyone else in this thread agrees with. If you now agree that defining sex-based categories on the basis of sex characteristics is the correct approach then we're all in agreement.

    You're the one saying that SGBs are taking a more holistic approach than the "fairness over inclusion" approach. You have yet to provide any evidence of that.



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  • Registered Users Posts: 82,512 ✭✭✭✭Overheal


    And court findings weren’t so infallible to you with Roe v Wade.

    Who said anything about 'infallibility' but also, fact of the matter is SCOTUS rulings, whether popular or unpopular, agreeable or risible, are actually infallible insofar as law and public order goes, there is no other form of appeal, their word is the final one. I for one can't undisappear the state's abortion clinics or shield the abortion clinics from criminal liability just by loudly expressing my opinion that Dobbs was kooky as hell. Doctors are letting their patients nearly die of sepsis etc. because of the infallible legal force of the courts and those decisions. But I think we're digressing a bit.



  • Registered Users Posts: 82,512 ✭✭✭✭Overheal


    But that is the holistic approach, if you reread the first few pages/executive summary of the document you previously linked to.

    That they determined, for Swimming, and in this case only for Swimming, at the levels they govern. The ruling doesn't exclude the ... random generative example, the Boulder Colorado Teens Swimming League from taking its own holistic approaches and making a different set of rules that are not the same rules as the olympic swimming for trans athletes. Each SGB, responsible for its own little fief of sports as a whole, taking their own separate holistic approaches, will yield results that works for them, their sports, their competitions/classes/tiers, their age groups, then as a whole Sports regards the issue overall holistically, rather than a bunch of fundamentalist politicians imposing statewide, nationwide bans across the entirety of sports, from the casual to the olympian.



  • Posts: 0 [Deleted User]


    There's nothing "holistic" about the approach advocated.

    Let's take the case of Lia Thomas:

    During the last season Thomas competed as a member of the Penn men’s team, which was 2018-19, she ranked 554th in the 200 freestyle, 65th in the 500 freestyle and 32nd in the 1650 freestyle. As her career at Penn wrapped, she moved to fifth, first and eighth in those respective events on the women’s deck.

    Fifth, first, and eighth.

    If testosterone reduction were sufficient, Thomas would be ranking around the same in the women's division. We simply wouldn't see these kind of jumps if testosterone reduction was sufficient to generate an even playing field.

    No amount of sophistry, such as talking about a "holistic" approach, can undermine the clear evidence in front of us here.



  • Registered Users Posts: 82,512 ✭✭✭✭Overheal


    You're just trying to disregard what I said by circling all the way back to the OP, with nothing else but more sophistry? Okay. Nothing I said above excludes the swimming SGB Thomas competes in from re-evaluating its rules as many times as it wants?



  • Posts: 0 [Deleted User]


    Do you accept that if testosterone reduction were sufficient, we shouldn't see the kind of rank jumps -- often by hundreds of places -- that we've seen with Thomas and other trans athletes, when they transition from the men's division to the women's division?



  • Moderators, Sports Moderators Posts: 26,785 Mod ✭✭✭✭Podge_irl


    I don't think these rulings say what you think they say.

    1. This is merely removing a stay on an appeal that was being delayed due to a related appeal that it was thought would have an impact on the eventual outcome. That appeal (against a bathroom ban for a transgender student) failed, which suggests that the appeal against the sports ban does not have much hope even if it does get a hearing now
    2. This is a preliminary injunction, not a ruling though it is the closest to a "win" from your perspective among these three. Its specifically noted that the injunction does not grant an automatic right for a transgender athlete to compete in women's sport and they must still be approved to do so.
    3. This is a procedural ruling and has nothing to do with the subject matter at all. It is States rejecting the Federal instruction on the matter (I somehow doubt that Kansas, one of the parties to the appeal, are in favour of being more liberal on the matter).


  • Registered Users Posts: 18,583 ✭✭✭✭kippy




  • Registered Users Posts: 82,512 ✭✭✭✭Overheal


    Maybe, but that might not be the case for all trans athletes, like Becky Pepper-Jackson, "She is not among the top performers, the court filings say." (WaPo) there could easily be more than 1 or several factors in play. Becky has no testosterone advantage.



  • Registered Users Posts: 82,512 ✭✭✭✭Overheal


    I never misrepresented facts about these cases. The links I provided clearly explain these items (that these are injunctions, motions, etc).



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  • Moderators, Sports Moderators Posts: 26,785 Mod ✭✭✭✭Podge_irl


    You have claimed that arguments for transgender inclusion are prevailing in the Courts. None of these are examples of that.



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