Equality in Sports A Transgender Perspective

Global Sports Policy Review (Autumn 2020) ISSN: XXXX-XXXX Volume 1 Issue 1 www.g-spr.com Page 36-42 Equality in Sports: A Transgender Perspective Aindrila Ghosh, Student, Symbiosis Law School, Hyderabad. Subhrajit Chanda, Assistant Lecturer, O.P. Jindal Global University, Sonipat. PAPER Introduction The concept of equality has always been a primary requirement for justice to prevail in any society. It is an instrument to ensure that no particular group in the society can exercise an unfair advantage or preference over the others on unreasonable grounds. That is why, the right to equality is one of the basic human rights highlighted in the laws of most civilized nations and of International conventions as well. However, even in the 21st century, there is rampant discrimination against transgender, non-binary, or gender non-conforming people. Gender and sexuality of an individual falls in the personal domain of an individual. Therefore, discrimination in the society on such grounds is completely unreasonable. Similarly in sports, discrimination against any particular sex or gender is unreasonable. Sport is a social forum in which gender and sexuality are conducted. Patriarchal sport routinely excludes women and actively promotes discrimination by fostering hegemonic masculinity. The world of sports has been dominated by men for a very long time. Even today, long after women were given equal rights in sports, binary gender discrimination runs as an undercurrent in sports as well as in sports journalism. Most of the media coverage for women’s sports is based on the visual appeal, personal lives or beauty of athletes rather than on their talent. rather than on athleticism and talent. This discrimination on the basis of sex has advanced gradually towards members of the transgender community as well. A general environment of intolerance and discrimination has been created in the society against those who don’t conform to the gender-binary heteronormative standards of the society. However, many gay men, lesbians and transgendered people still play important roles as sportsmen and activists despite the inhospitable climate in the world of sports and society in general. Transgender athletes go through emotional as well as physical abuse solely because of their sexuality. In a civilized world, where the definitions of sex, gender, and sexuality are constantly evolving, it is the collective responsibility of the society to include transgenders in the world of sports, and in the society in general. It is the duty of the members of the society to educate themselves and to break pro-binary heteronormative barriers. Recently, a change in thought has been observed in thought about how people see their lives as living in what which is known as the ‘post-modern situation’. Many of the formerly prevalent basic sociological theories or ‘powerful narratives’ as they often are called, were questioned because they are too static or discriminatory and are simply no longer important in a fast-changing and difficult environment [1]. These were often labelled as ‘deconstructed’ because of their validity, which benefits some individuals at the detriment of others. 36 Global Sports Policy Review (Autumn 2020) ISSN: XXXX-XXXX Volume 1 Issue 1 www.g-spr.com Page 36-42 Sexuality and sex are the two divisions of society that are constructed on a hierarchical binary relationship where one pair is favored, promoted, and respected over the other: men over women and heterosexuality over homosexuality in particular. The entire basis of this hierarchical binary structure of the society is the belief that one class is superior to the other, or is normal in comparison to its abnormal counterpart. In a heteronormative society, the mindsets of majority of the population is accustomed to believe in the binary divisions of sexes and what can be called “appropriate behaviour” with respect to sexuality. The majority views of a society cannot define what is normal or tolerable in the society. In reality, sexuality and sex are far more complex social structures. They also play a significant part in social regulation and control procedures critically. It is the need of the hour to normalize transgenders and their participation in competitive sports. Equality in opportunity is one of the basic human rights that are guaranteed to all human beings irrespective of their sex or sexuality, race, color, gender, place of birth, or religion. The sexual orientation and sex of a person is his or her personal choice. The society does not have the right to ostracize any community solely because it differs from the majority view or opinion. Competitive sports are considered to be a noble profession, and therefore, no individual can be denied the right to represent his or her country solely on the basis of their sexuality. Discussion Over the last 45 years, ‘gender’ has been known to be distinct from ‘sex’ throughout relation to the distinction between the body and nature and between being men and women (‘sex’) and the cultural and social roles imposed on bodies; masculinity and femininity (‘gender’). A person’s genetically assigned sex does not align with their gender at times, and such people belong to the categories of transgender, non-binary, or gender non-conforming. However, the terms ‘men’ and ‘women’ were initially perceived as exist in one body and gender was not a biological category but a sociological one. The notion that there was a ‘sex’ between men and women in a single body was eventually replaced by the idea that two ‘sexes’ were based on physical dissimilarities among reproductive organs that in the eighteenth century formed the basis of sexual distinction [2]. The research on intersex individuals in the 1950s helped to develop a difference between sex and gender which later gave rise to transsexual individualities. It was derived for the first time that while sex is based on the biological attributes of the body, gender is based on the social and cultural roles played by the individual. While sex can be easily identified by identification of reproductive organs, gender is a much deeper and somewhat psychological concept. A person’s sex may or may not influence his or her gender identity(s). However, it has been argued by the psychoanalyst Stoller that an individual’s biological sex cannot establish his/her ‘true gender identity’, a sense of being a man or a woman. Engdahl had pointed out that the principle of trans-sexuality is the distinction between gender identity and sex. Therefore, the distinction between sex and gender enabled transgender and trans-sexuality as categories. Most of the feminist commentators raised the issue of the difference between two genders, men and women. Essential post-modern devices, for instance, Deconstruction, Postmodernism, Post-Structuralism, and Queer Studies have been the primary cause of a world-class perceptive movement [3]. For many years, gender-verification has been considered to be a matter which occurs occasionally during women’s sporting events. The verification of gender for competitive 37 Global Sports Policy Review (Autumn 2020) ISSN: XXXX-XXXX Volume 1 Issue 1 www.g-spr.com Page 36-42 purposes has undergone major developments as attempts have been made to enact initiatives to ensure equal competition between women athletes. The first system which was introduced in mid-sixties for the international competition involved very blunt and probably humiliating physical tests. As the procedure for evaluating sex chromatin by oral smear was easily applied, this technique was used. However, because the method involved numerous doubts, a significant number of experts on the field were clamouring for the interruption of the process, resulting in its abandonment first by the International Amateur Athletic Federation and International Association of Athletics Federations (IAAF) in 1991 and then by the International Olympic Committee (IOC) in 2000 in Sydney. In short, the question of gender verification has always included a distinctive kind of controversy, which includes metaphysics of doubts in the fundamental understanding of the problem [4]. Sport is a cultural and social phenomenon that plays a significant role in the social construction of men and women. Sport can also be considered as an object that is still present at a certain moment in a person’s conscious or unconscious mind. Sport is historically connected to the protection of the logocentric or patriarchal world order. Females who are active in sports and females who may be viewed as masculine in certain cultures are considered to be as unfitted. Females and males are more likely to participate in various kinds of physical activity and have diverse attitudes towards sport. The events that take place predominantly in women, such as rhythmic gymnastics and synchronized swimming and events for the men only, such as boxing, wrestling, and weightlifting reflect the persistence of the prejudices in athletics within each gender. Socio-cultural structures of a given culture can be generally attributed to the reasons for the discrimination [5]. Sports for women usually compete for the beauty of movement while sports for men compete for power, speed, strength and risk. An issue of their sexuality is a social cost which sometimes opposes athletes trying to play a sport which is non-traditional for their sex. If a woman is bisexual or heterosexual, sport and culture, in general, continue to discourage girls and women from undertaking typically ‘masculine’ practices, such as contact and team sports, for fear that they are branded homosexuals. In conventional masculine sports, female athletes question the societal norm of women’s proper behaviour, therefore the logic is that something has to be wrong. Concentrating on sexual identity disproportionately excludes women prospects in sport based on their personal preferences. The reflected argument underlines the ability of patriarchy to weave a complicated network of power relations even in sports because the parameters are primarily from the side of ‘cultural construction’. The change in social attitudes and laws that concern sexuality has resulted in a growing number of transgendered or transsexual sports athlete cases. A transsexual or transgender means an adult who has been born into one sex and now identifies with, and lives with, different sex and comprises a person who has undergone a process of change of sex. The trend is unique in the field of sports, as society is thriving in the world in terms of this form of modern consciousness. Such cases are impressive and challenge the socio-cultural assumptions that generate a new chord in constructing symphony. It breaks the barriers of binary divisions Men typically have the intrinsic efficiency of androgen exposures comparing to women, due to their higher average height, muscle mass and strength. Thus, it is appropriate that men and women are competing in different categories in sports. 38 Global Sports Policy Review (Autumn 2020) ISSN: XXXX-XXXX Volume 1 Issue 1 www.g-spr.com Page 36-42 Now the question that arises is whether transsexuals should compete with others on an equal basis. The objective of an analysis of this question is to increase accountability, transparency and justice by conducting research and deliberations. On 27th May 2004 the International Olympic Committee Executive Committee agreed to allow transsexuals to participate in the Olympic Games and opened the grounds for transsexual athletes to participate at the 2008 Beijing Olympics which was considered to be the most controversial decision concerning gender restrictions in the world of sports. To compete in sports events trans-sexual individuals needed to comply with three equitable requirements, which include: a) Completion of cosmetic improvements to the anatomy, including external adjustments in genitalia and gonadectomy; b) Legal approval of the assigned sex by the appropriate official authorities; and c) Adequate and controllable hormone therapy tailored to the assigned sex to reduce sexual advancement. Generally, as soon as two years after gonadectomy, eligibility will start. The mentioned guidelines have carried about a radical transformation in the understanding of the problem which is almost contrary to the ‘way of the world’. Nevertheless, new deliberative boundaries have been developed to establish analytical and qualitative comprehension of the issue being considered. After the revolution which took place in 2004, many transgender or transsexual player revealed their actual identity concerning sex[6]. Tennis player Renee Richards was an early high-profile transgender athlete. Richards was already an entertaining tennis player on the men's circuit and in 1975 began to compete in women’s tournaments a year later. The Women’s Tennis Association (WTA) and the United States Tennis Association (USTA) extracted their support when she accepted a warm-up tournament invitation for the US Open. The USTA and WTA developed the Barr body test to determine the sex chromosomes of an individual which was refused by Richards and as a result, she was banned from the US Open. In 1977 she brought a lawsuit alleging that her civil rights had been violated and that the policy was discriminatory. However, the Supreme Court of New York ruled in her favour[7]. An American transgender woman from Connecticut, Andraya Yearwood was born in 2002 who in the early April 2017, Yearwood began participating in the girls’team in high school and won the first place in 100m and 200m sprints. According to her, it is the right of a person to live as they genuinely feel[8]. The first transgender woman to compete in the Canadian Women’s Hockey League is Jessica Platt of the Toronto Furies. She highlighted the word ‘choice’ by saying that it is very difficult for a human being to live his or her life being a male or female when he or she believes himself or herself to be a female or male respectively. Identity crisis is a very big issue for transgender people. Jessica Platt met a transgender person in 2018 who is also an athlete. According to her, it is very unfortunate that transgender athletes often do not get proper respect and the treatment that they deserve. Jessica faced criticism on the ground that it is very unfair when she competes with other women because originally, she was of male sex. However, Jessica states that the process of transformation from a male to a female is very difficult. Due to the sex-change 39 Global Sports Policy Review (Autumn 2020) ISSN: XXXX-XXXX Volume 1 Issue 1 www.g-spr.com Page 36-42 operation, she lost weight, speed and strength. However, she worked hard to regain her speed and strength by spending 6 days a week at the gym. Ms. Tiffany Abreu is one of the players of a top-class Brazilian volleyball club and the leading volleyball female player in the world. She is a transgender woman who has made herself a polarizing figure in the sport. She is an inspiration for those who are of the view that homosexuality is a disease which can be cured. Everybody knows that Volleyball is the second most popular sport in Brazil after football. Ms. Tiffany Abreu is the first volleyball transgender player to lead in Brazil [9]. According to Tiffany, the transition from a male to a female does not work as an added advantage for the athletes because the entire process of transition is a very risky and painful and also reduces the body weight and strength of a person, which also supports the view of Jessica Platt. Recently, the scenario regarding the participation of transgender people in sport has changed to a great extent. However, even today, numerous transgender athletes have to fight for their rights to represent their countries in international rights [10]. The laws of most countries guarantee equality before law and equal protection of laws. Transgender people try to utilize this constitutional provision for the protection of their rights in the field of sports as well. The International Olympic Committee permitted transsexual men and women to participate without having to undergo sex reassignment in January 2016. Athletes who have changed from women to men may increase their testosterone levels, but they should be checked and provide a report to prevent charges of using a substance that improves their performance [11]. This was a welcome change in policy as it encouraged more transgender athletes to pursue their dreams. The change in policy received severe criticism, mainly based on unscientific claims. However, the strength and athleticism of an individual is based on the hormone levels of the body and not solely on what sex he or she was at the time of birth. As testified by many transgender athletes, the process of transition is long-drawn and strenuous for the body. It does not ensure added advantage over other athletes and, therefore, it is not unfair for the other participants in the same category. Conclusion Therefore, from the above discussion, it can be concluded that the scientific, socio-cultural and moral criticisms discussed above indicate that gender research is insufficient. The discourses conducted on the inclusion of transgender athletes in competitive sports is only limited to policy reforms and not the required change in human mentality. Because of the inclusion of transgender people in elite sports, the International Olympic Committee (IOC) took an unavoidably subjective decision despite that the transsexual strategy of the IOC is incomplete according to many scholars. More precisely, the IOC has not shown enough of the comparative advantages of transsexual athletes over traditionally gender-based athletes. The IOC is responsible for raising diverse doubts concerning transsexual athletics. At the time of gender research, it was appropriate to revise and condemn the strategy of IOC as it only included testing the gender of women. Needless to say, this practice was misogynistic and discriminatory against women. In the 21st century, one basic criterion that every policy must conform to is that such policies should not be discriminatory against any particular class of the society on unreasonable grounds. The concept of patriarchy has to be done away with. The public has to 40 Global Sports Policy Review (Autumn 2020) ISSN: XXXX-XXXX Volume 1 Issue 1 www.g-spr.com Page 36-42 be educated about the scientific reasons behind the policies created by them. Only then can people understand the true concept of sex and gender and how transition from one gender to another affects one’s athleticism and strength. Bibliography Books & Journals         Bandy SJ, “Gender and Sports Studies: an Historical Perspective” (2014) n° 86 Movement & Sport Sciences 15 Engdahl and Ulrica, “Wrong Body” [2014] Transgender Studies Quarterly 267 Chen and Victoria, “Ethical Issues Concerning Transgender Athletes” [2018] Penn Bioethics Journal Horlacher S [2016] Transgender and Intersex: Theoretical, Practical, and Artistic Perspectives 1-27 Sartore-Baldwin M, “Lesbian, Gay, Bisexual, and Transgender Athletes in Sport” [2012] Journal for the Study of Sports and Athletes in Education 141-152 Stoller RJ, Sex and Gender (New York Science House 1968) Teetzel S, “Athletes’ Perceptions of Transgender Eligibility Policies Applied in HighPerformance Sport in Canada” [2017] Transgender Athletes in Competitive Sport 6879 Whittle S, Respect and Equality (Routledge-Cavendish 17 September 2002) ISBN 9781859417430 Websites     Darlington S, “Transgender Volleyball Star in Brazil Eyes Olympics and Stirs Debate” (The New York Times March 17,2018); https://www.nytimes.com/2018/03/17/world/americas/brazil-transgender-volleyballtifanny-abreu.html> accessed December 2, 2020 Bennett D, “Hockey Is for Everyone: The Jessica Platt Story” (Sportsnet.ca February 6, 2018) < https://www.sportsnet.ca/hockey/nhl/hockey-everyone-jessica-plattstory/.> accessed December 2, 2020 Fader M, “Andraya Yearwood Knows She Has the Right to Compete” (Bleacher Report December 17, 2018) < https://bleacherreport.com/articles/2810857-andrayayearwood-knows-she-has-the-right-to-compete.> accessed December 2, 2020 Wertheim J, “84-Year-Old Renée Richards Reflects on Breakthrough” (Sports Illustrated June 28, 2019) < https://www.si.com/tennis/2019/06/28/renee-richardsgender-identity-politics-transgender-where-are-they-now.> accessed December 2, 2020 41 Global Sports Policy Review (Autumn 2020) ISSN: XXXX-XXXX Volume 1 Issue 1 www.g-spr.com Page 36-42 ******************* *Aindrila is an undergraduate student from Symbiosis Law School, Hyderabad. Subhrajit is an Assistant Professor at O.P. Jindal Global University and the founder of Global Sports Policy Review. References: [1]Bandy SJ, “Gender and Sports Studies: an Historical Perspective” (2014) n° 86 Movement & Sport Sciences 15 [2]See Stoller RJ, Sex and Gender (New York Science House 1968) [3]Engdahl and Ulrica, “Wrong Body” [2014] Transgender Studies Quarterly 267 [4]Chen and Victoria, “Ethical Issues Concerning Transgender Athletes” [2018] Penn Bioethics Journal [5]Horlacher S [2016] Transgender and Intersex: Theoretical, Practical, and Artistic Perspectives 1 [6]Sartore-Baldwin M, “Lesbian, Gay, Bisexual, and Transgender Athletes in Sport” [2012] Journal for the Study of Sports and Athletes in Education 141 [7]Wertheim J, “84-Year-Old Renée Richards Reflects on Breakthrough” (Sports IllustratedJune 28, 2019) < https://www.si.com/tennis/2019/06/28/renee-richards-genderidentity-politics-transgender-where-are-they-now.> accessed December 2, 2020 [8]Fader M, “Andraya Yearwood Knows She Has the Right to Compete” (Bleacher Report December 17, 2018) <https://bleacherreport.com/articles/2810857-andraya-yearwoodknows-she-has-the-right-to-compete.> accessed December 2, 2020 [9]Darlington S, “Transgender Volleyball Star in Brazil Eyes Olympics and Stirs Debate” (The New York TimesMarch 17, 2018);https://www.nytimes.com/2018/03/17/world/americas/brazil-transgender-volleyballtifanny-abreu.html> accessed December 2, 2020 [10]See Whittle S, Respect and Equality (Routledge-Cavendish 17 September 2002) ISBN 9781859417430 [11]Teetzel S, “Athletes’ Perceptions of Transgender Eligibility Policies Applied in HighPerformance Sport in Canada” [2017] Transgender Athletes in Competitive Sport 68-79 42