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One of the most commonly expressed objections to the inclusion of trans athletes is that it is fundamentally unfair, particularly to cis women and girls, to compete against trans women and girls. While this cultural belief may be ubiquitous, the science behind it is far from black and white. Without any substantive, multi-sport studies that include trans youth, much of the "evidence" of unfair advantage is merely inferred from other studies of biological difference. But with so much on the line for an already-marginalized community, we should be wary when anyone tries to justify exclusion solely on loose correlations between sex and strength and sport performance. As I highlighted in Episode 3, this same type of unconsciously biased thinking kept women and girls out of sports and diminished the accomplishments of black athletes.
In this week's episode, I dig into the "science" of unfair advantage in athletics and explore some of the other non-biological advantages in interscholastic sports that exist unchallenged with a diverse panel of guests:
Val Moyer
Researcher Athlete Ally
Work referenced:
- Valerie Moyer, et. al., Examining the Ethics and Impacts of Laws Restricting Transgender Youth-Athlete Participation, HASTINGS CTR. REP.. (June 7, 2023)
Maayan Sudai (Faculty Profile)
Assistant Professor of Law and of Women and Gender Studies, University of Haifa
Director, Harvard GenderSci Lab
Works Referenced:
- Maayan Sudai et al., Law, Policy, Biology, and Sex: Critical Issues for Researchers, 376 SCIENCE 802 (May 2022)
- Maayan Sudai, Toward a Functional Analysis of Sex in Federal Antidiscrimiation Law, 42 HARV. J. L. GENDER 421 (2019)
Kirsten Jones
Peak Performance Coach, Podcast Host, Author
Work Referenced:
Kim Yuracko (Faculty Profile)
Judd and Mary Morris Leighton Professor of Law, Northwestern Pritzker School of Law
Work referenced:
Other articles, sources, and media referenced in this episode:
- Neel Burton, The Battle of the Sexes, PSYCH. TODAY: HIDE AND SEEK BLOG (July 2, 2012)
- Gina Kolata, Men, Women and Speed. 2 Words: Got Testosterone?, N.Y. TIMES, (Aug. 22, 2008)
- Valerie Thibault et al., Women and Men in Sport Performance: The Gender Gap Has Not Evolved Since 1983, 9 J. SPORTS SCI. MED. 214 (2010)
- Katrina Karkazis and Rebecca M. Jordan-Young, The Myth of Testosterone, N.Y. TIMES, (May 3, 2019)
- Joanna Harper, Race Times for Transgender Athletes, 6 J. SPORTING CULTURES IDENTITIES 1 (2015)
- Conor Skelding, Lia Thomas Dominated by Fellow Ivy League Transgender Swimmer Iszac Henig, N.Y. POST (Jan. 8, 2022)
- EEOC, Guidance CM-625
Publication Date
11-26-2023
Disciplines
Education Law | Law and Gender
Recommended Citation
Gras, Sara, "Episode 5: Fair's Fair" (2023). Season 01. 7.
https://scholarship.shu.edu/hearsay-s01/7
