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

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  • Registered Users Posts: 82,482 ✭✭✭✭Overheal


    As I said, they are not a court of law.

    Prove me wrong. Court of Arbitration is even in the name. They only have jurisdiction when parties acquiesce to arbitration.

    Might as well say the neighborhood basketball court is a "basketball COURT" because children settle their beefs there by agreeing to rules of sport. While quite a lot more formal than that, ICAS, I repeat, is not a court of law.

    I am not "you lads" - please, stop the bigotry and generalizing.



  • Registered Users Posts: 3,634 ✭✭✭Enduro


    Fair enough on the "you lads" point. I do try to treat everyone as an individual with their own opinions, and that was a failure on that front. It was not bigotry, but it was a generalised grouping. So sorry about that. I should have said "You can pick the weirdest hills to die on sometimes".

    It is not a court of criminal law. It is not a court of civil law. It is a court of Sports law. The basics are outlined here : https://www.tas-cas.org/en/general-information/frequently-asked-questions.html

    Your question did not reference the type of law in question. It did not say civil, criminal or sports. It was simply about whether CAS is a court of law or not. You specifically said:

    Do you understand the difference between a sporting body and a court of law?

    Sports law is law specific to sports. They are laws for sports. Lots of clues in the terminology there for slow learners.



  • Registered Users Posts: 82,482 ✭✭✭✭Overheal


    The FAQ makes it clear the parties must acquiesce to what the 'law' is

    I­n the context of ordinary arbitration, the parties are free to agree on the law applicable to the merits of the dispute. Failing such agreement, Swiss law applies.

    And the Swiss don't have the authority to universally ban trans athletes from competition.

    Lots of clues in the terminology there for slow learners.

    I'm not 'retarded' either so drop the thinly veiled personal abuse too, please.



  • Registered Users Posts: 3,634 ✭✭✭Enduro


    Nobody is trying to universally ban trans athletes from competition so no authority needs to make any ruling on that. If you have any evidence of any sporting body that is trying to do any more than restricting participation in the female sex category to female sex athletes, but allowing male sex athletes to compete in the male sex category then feel free to provide it. If you do I will happily accept that you're right and I'm wrong. Because I am not aware of any sporting body that is preventing male sex athletes from participating in the male sex category, irrespective of their gender identity.

    I think you have a very poor and limited understanding of the nature of sports governance. No sports governing body is forced to acquiesce to a higher sports authority. Mostly they strive to, to gain the benefits of doing so (such as participating in international competitions).

    As an illustration of a similar arrangement with a far bigger impact, no country is forced to join the EU. They choose to do so to gain the benefits but undertake the follow the rules of the organisation as a condition of membership. That doesn't mean the CJEU is not a court, even if its authority only extends to countries who agree to accept its authority. In reality, it's an extremely powerful court. It's the same with sports governing bodies. They can exist in splendid isolation if they want to. But if they don't then they have to play by the rules of any organisation they join.



  • Registered Users Posts: 82,482 ✭✭✭✭Overheal


    "Banned for evermore thanks to a court ruling that says men who identify as a women cannot swim against women & girls."

    Lest you forget what the original claim was. Lia Thomas doesn't even swim in Switzerland so how could Swiss law be imposed on her. So I asked what court ruled that, and here we are admitting an arbitration body, not a court of law, imposed a ruling for competitions among its members. Not that extreme or powerful of a court that is only authorized by consensual buy-in among a limited number of signatories. They aren't ratified by international treaty or anything, they dont have the force of constitutional law therefore, especially in the US where Lia Thomas typically competes. So describing them as "extremely powerful" would be hollow. ("This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land")

    I don't care what your opinions are of me, keep them to yourself. I've done the same. They aren't the topic.



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  • Registered Users Posts: 3,634 ✭✭✭Enduro


    I'll take it as read that you now accept that CAS is a court, since you have not been able to engage with the main points I made.

    Putting an arbitrary sentence in quotes is not illustrating anything. Who or what are you quoting there? Have you got a reference?

    Beyond that, whoever said "men who identify as a women cannot swim against women & girls" does not ban transwomen from competing in the male sex category. Nobody is trying to universally ban trans athletes from competition so no authority needs to make any ruling on that. If you have any evidence of any sporting body that is trying to do any more than restricting participation in the female sex category to female sex athletes, but allowing male sex athletes to compete in the male sex category then feel free to provide it. If you do I will happily accept that you're right and I'm wrong. Because I am not aware of any sporting body that is preventing male sex athletes from participating in the male sex category, irrespective of their gender identity.

    Lest you forget what the original claim was. Lia Thomas doesn't even swim in Switzerland so how could Swiss law be imposed on her.

    Do you realise that Lia Thomas is choosing herself to bring her case to the CAS? She is recognising the authority of CAS to hear her case? Are you disputing her decision?



  • Registered Users Posts: 82,482 ✭✭✭✭Overheal


    I'll take it as read that you now accept that CAS is a court, since you have not been able to engage with the main points I made.

    See #5858

    Putting an arbitrary sentence in quotes is not illustrating anything. Who or what are you quoting there? Have you got a reference?

    See quoted (now deleted) comment memorialized in #5812



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


    Is there anyone actually seeking to ban trans athletes from competitions?



  • Registered Users Posts: 7,220 ✭✭✭plodder


    CAS is effectively a supranational court because (afaik) all the sporting National Governing Bodies and international sporting federations accept its jurisdiction. It can make rulings that end up being incompatible with national laws of specific countries, but that's not their problem as they would see it. It's only a problem for the country concerned.



  • Registered Users Posts: 82,482 ✭✭✭✭Overheal


    According to quoted (now deleted) comment memorialized in #5812, yes.



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  • Registered Users Posts: 3,634 ✭✭✭Enduro


    What, you mean like pretend sports organisations are a democracy and their opinions actually matter? I can’t see that happening, can you? 😂

    Nearly every time in this thread you have said what can't possibly happen (usually because of paranoid delusions that organisations are sinister outfits out "to get" people or keep them in check somehow) reality proves to be starkly different.

    The membership of British Rowing VOTED on their rules around sex/gender categories. An overwhelming 80% of voters picked the tightest rules around confining the female category to female sex athletes. That 80% was from a 3-way choice as well, not just a straight yes or no.

    I know it's behind a paywall, but I can't get it on access archive.ph at the moment, where no doubt there will be an accessible copy of the article. The subheading gives the key number of the 80%. The details of what the 80% voted for can be found on British Rowing's website, amongst many other locations.



  • Registered Users Posts: 3,634 ✭✭✭Enduro


    So you're not able to produce any evidence that anybody whatsoever is trying to universally ban trans athletes from competition If you have any evidence of any sporting body that is trying to do any more than restricting participation in the female sex category to female sex athletes, but allowing male sex athletes to compete in the male sex category then feel free to provide it. If you do I will happily accept that you're right and I'm wrong. Because I am not aware of any sporting body that is preventing male sex athletes from participating in the male sex category, irrespective of their gender identity.

    saying that something was once said on the internet and is now deleted is beyond weak.



  • Registered Users Posts: 82,482 ✭✭✭✭Overheal


    It's beyond my powers to fake the quote memorialized in #5812, if you are somehow implying this argument was not made.

    The conversation related to the comments made in that post, if you want to argue something completely different, I don't care.



  • Registered Users Posts: 3,634 ✭✭✭Enduro


    You have edited this post since I first replied to it. I ask yet again do you realise that Lia Thomas is choosing herself to bring her case to the CAS? She is recognising the authority of CAS to hear her case? Are you disputing her decision?



  • Registered Users Posts: 82,482 ✭✭✭✭Overheal




  • Registered Users Posts: 3,634 ✭✭✭Enduro


    So to be clear, all you have for evidence is a deleted quote from a banned user. That's it. Do you accept that everything that that user said is authoritative? Because I don't. But if you do you're going to have to accept everything they have said on this thread as authoritative. And I really don't think you want to do that.

    Otherwise please provide actual evidence that any sports governing body is trying to ban male sex athletes from participating in the male sex category (of any gender identity at all).



  • Registered Users Posts: 82,482 ✭✭✭✭Overheal


    I never suggested it was "authoritative" stop making things up.



  • Registered Users Posts: 3,634 ✭✭✭Enduro


    You are creating an implication from something I wrote and assuming it applies to you. I have no control over that.

    So I ask yet again do you realise that Lia Thomas is choosing herself to bring her case to the CAS? She is recognising the authority of CAS to hear her case? Are you disputing her decision?



  • Registered Users Posts: 3,634 ✭✭✭Enduro


    Well if it isn't authoritative evidence then please provide actual evidence that any sports governing body is trying to ban male sex athletes from participating in the male sex category (of any gender identity at all).



  • Registered Users Posts: 849 ✭✭✭MilkyToast


    “Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience." ~C.S. Lewis



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  • Registered Users Posts: 82,482 ✭✭✭✭Overheal


    You're just making my point, that no court has yet imposed such a ban, despite the post's argument that it had. /shrug



  • Registered Users Posts: 82,482 ✭✭✭✭Overheal


    OK Police are also extremely conservative and aren't saying what they died of. Seems like a specious attempt to pre-empt the purpose of autopsy and muddy the waters (IMHO). This report really doesn't change the situation. The family also indicates they will be seeking their own independent investigation, perhaps even an independent autopsy. "officers suspect foul play involved and need to initiate an in-depth investigation into the death." The Feds are also involved, so local and state police will not be the last arbiters of this incident.





  • Registered Users Posts: 3,634 ✭✭✭Enduro


    So we're in agreement. No court has banned transgender athletes from participating in sports.

    More broadly, no sports organisation has banned transgender athletes from participating in sports. (Again, feel free to present any evidence if you dispute that)

    Edit to add:

    So I ask yet again do you realise that Lia Thomas is choosing herself to bring her case to the CAS? She is recognising the authority of CAS to hear her case? Are you disputing her decision?



  • Registered Users Posts: 3,634 ✭✭✭Enduro


    It's massively off topic. And to be clear, I again condemn all bullying of anyone, including bullying because of someone's gender idenity.



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


    I'd like to totally distance myself from the opinion that trans people should be banned from sport. As should any regular right thinking individual!

    Of course trans people shouldn't be banned from sport. That is a totally ridiculous standpoint.



  • Registered Users Posts: 23,712 ✭✭✭✭One eyed Jack



    It can make rulings that end up being incompatible with national laws of specific countries, but that's not their problem as they would see it. It's only a problem for the country concerned.


    There’s a tad more nuance to that though plodder in that CAS, while they are resistant to the idea of acknowledging the ECHR and human rights standards, they know at the same time that they’re kinda between a rock and a hard place if they’re ever to be regarded as anything more than just a Mickey Mouse Court -

    https://link.springer.com/article/10.1007/s40318-022-00221-6#Fn76


    Title of the article reminded me of a teams chat I had with one of my work colleagues this morning, round the same time as our earlier exchange. It’s a good thing I have an office to myself as I thought I was going to die laughing -



    I figured he wasn’t suggesting I was sfairesphobic 😂

    My son still hasn’t forgiven me for this -


    Refuses to play scrabble with me again until I apologise for it. He’ll be waiting, I was quite proud of myself for that one 😂



  • Registered Users Posts: 7,387 ✭✭✭volchitsa


    Gosh, this seems a bit OTT of you, considering that when you actually accused me of providing misinformation on this thread, and other posters pointed out that you were wrong, I didn't see any apology from you. Perhaps I just missed it?



  • Registered Users Posts: 82,482 ✭✭✭✭Overheal


    You might be, inadvertently, referring to another thread, which moved with high velocity and since has been closed. Sorry I didn't see your demand in time: sorry I accused you of misinformation. The trans panic threads tend to blur together so I don't hold the conflation against you.



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


    I don't get this "trans panic" thing - it's a term I think people use (amongst others) to try shut down debate.

    You tend to use this term a lot.

    Whats the rationale for same?



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