Transgender Participation in Sports
The debate surrounding the inclusion or exclusion of transgender people in sports has been on the rise recently. The call emanates from the fact that sport is premised on fairness. However, there is a concern that transgender athletes have a competitive advantage over their cisgender counterparts when competing. To that end, only female transgender athletes are perceived to possess a competitive advantage over their female counterparts. The belief is premised on the speculation that transgender people who identify as female have more testosterone hormone naturally, but the same concern does not hold for their male counterparts who are injected with testosterone to transition.
A key concern for the unrestricted inclusion of transgender people in athletics is that they lock out rightful participants from competing on fair ground. The issue has particularly been of concern for high schools across the US. Seventeen states allow the unrestricted inclusion of transgender participants in either male or female competitions (Patel, 2021). However, concerns are often raised regarding fairness in such decisions, as transgender participants are thought to possess an athletic advantage. Another argument presented by those opposing the inclusion of transgender individuals is that the practice goes against sports regulatory standards. True to these allegations, transgender individuals who participate in these races have always gone against their cisgender counterparts.
On the other hand, the exclusion of transgender people in sports goes against Article IX’s human rights requirement on gender inclusion in education. The article infers that no one should be discriminated against based on sex (Pecoraro & Pitts, 2020). In this case, sex refers to the biological properties assigned at birth. To that end, sex means male or female, or other genders such as trans and intersex. Excluding any athlete from participating based on gender is, therefore, illegal (Reynolds & Hamidian Jahromi, 2021). However, it is worth noting that Article IX presents a dilemma to sports administrators since it requires them to align with a human rights constitutional requirement that contravenes sports regulation standards.
The regulation of gender in sports is divergent from the requirements surrounding human rights. In fact, sport is one of the very few sectors where controlled gender discrimination is still allowed and understandable (Jones et al., 2016). The separation between male and female is based on the biological fact that men possess physiological advantages over women. Sports administrators try as much as possible to ensure that they create a competitive environment where both genders feel like they have equal opportunity, hence the separation between males and females. The fact that another gender has been introduced legally only complicates matters for sports administrators since they currently lack a model to accommodate the third gender in their events. Unless a model that allows a third gender to participate in sports is implemented, transgender people have to medically transition to either male or female before they are allowed to participate.
Statewide changes that allow the inclusion of transgender people in athletic events are likely to spur strong political responses. Some Christian schools are already refusing to participate in athletics events where transgender athletes or players are allowed to play alongside cisgender players. These Christian schools cite religious beliefs as one of the reasons why they refuse to allow women to mix with men. They are particularly concerned about the fact that the inclusion policy will allow a male player who identifies as transgender to access female locker rooms and bathrooms (Roberts et al., 2020). According to religious standards, such a mix-up violates female players’ privacy and dignity. Christian schools also cite biological reasons that attribute more testosterone among transgender players who would like to participate in female competitions.
The current equality issue in sports can be solved by relying more on science. For transgender players to be allowed to participate in male or female sports, they should prove that they have completed a medical transition to either gender. Such a move will go a long way to eliminate claims of unfair competition from other participants. Since this is a sensitive issue, concerned parties should be aware of the reasons why such measures are necessary. Sports administrators must move quickly and adopt technologies that test participants’ hormonal levels to ensure fair competition. By adopting a gender verification methodology, sports administrators will assure everyone that they are facing fair competition and that spectators will enjoy the competition.
In summary, the debate surrounding transgender players’ inclusion in gender-specific sports is complex. On the one hand, proponents of their inclusion argue that excluding them from gender-specific sports contravenes Article IX’s requirement for gender equality. On the other hand, those opposed to their inclusion argue that including transgender players, especially in female competitions, gives them a competitive advantage over their cisgender counterparts. Opponents also cite fairness as a fundamental regulation in sports. There is also a religious factor that comes in in regards to the regulation of which genders should participate in sports since some religious affiliations do not back some sexual orientations and identities. The best way to solve the dilemma is to introduce a gender verification technology that determines whether a player will participate in male or female segments based on their hormonal composition.
References
Jones, B. A., Arcelus, J., Bouman, W. P., & Haycraft, E. (2016). Sport and Transgender People: A Systematic Review of the Literature Relating to Sport Participation and Competitive Sport Policies. Sports Medicine, 47(4), 701–716. https://doi.org/10.1007/s40279-016-0621-y
Patel, S. (2021). Gaps in the protection of athletes’ gender rights in sport—a regulatory riddle. The International Sports Law Journal. https://doi.org/10.1007/s40318-021-00182-2
Pecoraro, J. A., & Pitts, B. G. (2020). Perceived Meanings and Implications of Transgender Inclusive Policies in Collegiate Recreation: An Exploratory Study. Recreational Sports Journal, 155886612090947. https://doi.org/10.1177/1558866120909472
Reynolds, A., & Hamidian Jahromi, A. (2021). Transgender Athletes in Sports Competitions: How Policy Measures Can Be More Inclusive and Fairer to All. Frontiers in Sports and Active Living, 3. https://doi.org/10.3389/fspor.2021.704178
Roberts, T. A., Smalley, J., & Ahrendt, D. (2020). Effect of gender-affirming hormones on athletic performance in transwomen and transmen: implications for sporting organizations and legislators. British Journal of Sports Medicine, 55(11). https://doi.org/10.1136/bjsports-2020-102329
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Question 
This assignment is a preview of some of the topics you will discuss in next week’s lesson, including legal issues in sports. Policies related to transgender athletes are currently one of the most discussed and controversial issues in all sports. The development of policies for transgender athlete participation is an important issue for several reasons. In addition to the legal application, policy development in this area has practical application in the form of sensitivity, fairness, and continued growth in women’s athletics and access to sports for all people (The Associated Press, 2019; West-Sell, Van Ness & Ciccolella, 2019).
Transgender Participation in Sports
From a legal perspective, the primary issue seems to be the definition of the word “sex” (Higgins, 2019; West-Sell, Van Ness, & Ciccolella, 2019). Title IX uses the language “on the basis of sex” in its landmark legislation in 1972. The Supreme Court recently held heated discussions on whether gender identification or sexual orientation should be included under the umbrella of the existing language (Higgins, 2019).
Policymakers at all levels of sport have begun to examine the complex questions associated with participation for all people. Consider the following:
What are the long-term impacts of trans-inclusive and trans-exclusive policies?
Explore how inclusive policies relate to Title IX.
How might state-wide policy changes across the country impact private or schools with a religious affiliation?
Finally, what ideas can you share to possibly ensure equitable opportunity and competition for all people?
Please share your position on transgender participation policies in sports, as well as how you think this complex issue will play out over the next several months. Try to place yourself in the position of athletes (both transgender and cisgender), sports administrators, parents, and fans in order to consider all stakeholders in your analysis. Be sure to carefully proof your work, and follow APA format throughout. Please include a title page that includes your name and the assignment topic, as well as a reference page at the end of your essay, which includes a minimum of five (5) scholarly sources. A minimum of three references must not be provided above. Don’t forget that every source should be correctly cited in the text throughout your essay.
References
Higgins, T. (2019, October 8). Supreme Court clashes over the meaning of ‘sex’ in LGBT discrimination cases. CNBC.com. https://www.cnbc.com/2019/10/08/supreme-court-clashes-over-meaning-of-sex-in-lgbt-discrimination-cases.html
The Associated Press (2019, August 9). Civil rights probe opened into transgender athlete policy. NBCnews.com. https://www.nbcnews.com/feature/nbc-out/civil-rights-probe-opened-transgender-athlete-policy-n1040796
West-Sell, S.A., Van Ness, J.M., & Ciccolella, M.E. (2019, June). Law, Policy, and Physiology as Determinants of Fairness for Transgender Athletes. Professionalization of Exercise Physiology Online, 22(2), 1-10.