Your arguments are well reasoned and it's a good well thought out argument. My objections are annotated here. We don't disagree on this point. We know that because FTM athletes on high testosterone don't catch up with the men in most sports. But the thing YOU fail to acknowledge is that hormone therapy, eliminating testosterone from the testes post surgery, and estrogen are all performance inhibitors. So the level playing field for the MTF no longer exists with the men. The reality is they can't compete on a level playing field there either. My only objection to this point of your answer is that it is incomplete. There's another problem you fail to acknowledge.
As all discrimination law states, your logistical nightmare is not my problem. They said the same thing when they put handicap accessible stalls into the restrooms. That was a too bad so sad. Who's going to fund it? Well that money gets taken from the others (The same as handicapped accessible stalls were a hidden tax on businesses and the public). You want your exclusion, that's the price. TANSTAAFL.
As I stated there are 3 possible legal rubrics here and these are the only 3 you can really fit them into:
-Discrimination law. That means the protected class is entitled to full protection and there two ways to do it. Include them with the women. Include them with the men but handicap the men (such as with start times) to make up for the drop in performance to maintain a level playing field.
-Disability law. Which means making accommodations to the extent within reason. It's messy. You don't get your clean line. It means there will be different results in different circumstances, in this case by athlete or by sport.
-No protection. It means trans people should not be entitled to a protection as a protected class. The issue here is no one has articulated an argument for why they aren't protected beyond bigotry ("mental illness...they don't deserve it").
As to the rules, hey every once in a while you are going to get it wrong. Soccer can't settle on a handle ball rule (the game is fundamentally broken because of it like basketball was before the shot clock rule). You adjust until you get it right, but that adjustment requires specifics which means it's going to have to be sport by sport, and it's going to take time.
The precedent v. slippery slope argument is a valid one. It pops up in numerous fields. I'm just not overly concerned with it because in sports it's easy to change guidelines and rules...something doesn't work, you adjust it. Soccer is doing that all the time with its handball rule. And as I stated, the concept of "fairness" is elusive in sports. Part of it is preordained by genetics reducing it to little more than a dog show competition. Part of it is a function of the rules. This argument is the same as the dog show breeders make that a "labrador must only be a labrador". As someone else pointed out, that's fine, but then take the merit and money out of it....especially for college...switch to an entirely academic based system like they do in Europe, stop the fuss with the Olympics and recognize between the doping and things like the PRC does, it's just a farce built for entertainment. The fights over merits occur because they are societal merits, as Aristotle pointed out.
Grace, I get it that you’re telling me I’m looking for too much clarity... I really do. But here is the thing...sports need clarity, especially when it comes to categories as basic as biological sex. You’re right, it’s not always clean, and I’m fully aware of the precedents with race, gender, and LGB issues. But just because the legal framework is messy doesn’t mean we should keep making it messier. If anything, this is exactly the point where we should be drawing some hard lines to protect the integrity of competition.
Now, about this
"mission creep" you mentioned... let’s be clear. I’m talking about
elite sports here. These aren’t fun runs or weekend leagues where participation is the main goal. We’re talking about top-tier athletes, where fairness is everything. And yes, I’m advocating for a hard line when it comes to MTF athletes in women’s sports. Why? Because we’re no longer comparing apples to apples. A biological woman with high T levels (who is still XX) developed within the same framework as other biological women, same hormones, same reproductive anatomy, just with a slight genetic boost in testosterone. If they need to reduce those levels it's fine. But they’re still playing in the same sandbox, with the same toys. And that is my point so they belong in the biological female category.
MTF athletes, on the other hand, were playing in a totally different sandbox, one where male puberty gave them a head start. It’s like having a sprinter trained at altitude running against someone trained at sea level, you follow me? Sure, you can limit their testosterone later, but those years of male development still give them an advantage you can’t undo with hormone therapy. I think we agree on this part.
And about FTM athletes, here’s the thing, I think we can agree that they’re actually
at a disadvantage when they compete with biological men. Even with testosterone treatments, they can’t fully catch up to men who’ve gone through male puberty. Why? Because they developed as females. No male puberty means no extra bone density, muscle mass, or larger lung capacity. So yeah, they may be in the ring, but they’re not dominating men’s sports by any stretch. If anything, their struggle in men’s competition highlights exactly why MTF athletes
do have a massive advantage when competing against biological women. Which totally proves my point.
I get that you’re bringing up legal precedents, but let’s not ignore the biological realities here. FTM athletes can compete with men and, while they may be at a disadvantage, they aren’t skewing the competition. Meanwhile, MTF athletes are stepping into women’s sports with physical advantages that just can’t be leveled out with a few years of hormone therapy. The symmetry isn’t there. And the possibility of skewing the competition is quite high, especially if we open the dam and the water pours in like a roaring rapid. We won't be able to control it.
And yes, I understand your point about the legal side of things. We’re tangled up in discrimination and disability laws, and it feels like our hands are tied. But if we keep going down this road, it’s not just about making room for more inclusion Grace but it’s about slowly erasing the competitive distinction in women’s sports altogether. You said it yourself: we both don’t like the idea of “screwing the women,” but isn’t that exactly what we’re doing by allowing biological males with XY chromosomes, who’ve reaped the benefits of male puberty, to compete in categories meant for XX women? That's why we must draw the hard line in this specific case. And if they want to participate, they can but not at the highest level of competition. They needed to understand that when they decided to transition, that this decision came with consequences especially when referring to elite level of sports. That's life and the price we must pay for going against nature and society norms.
If we keep moving the goalposts, soon enough, we won’t have women’s sports left, it’ll just be a coed free-for-all where the women lose out. And that’s the slippery slope we need to avoid. You mention precedents, but let’s be real, Grace, precedents can be changed, rules can be adjusted, and sports should be no different. After all, we didn’t stick with the original basketball rules forever; we added the shot clock, adjusted the three-point line, and adapted over time. So why can’t we do the same for gender categories in sports? Just because the legal framework is messy doesn’t mean we should throw our hands up and say “Well, too bad.”
At the end of the day, sports are built on fairness, not participation for the sake of it. The women’s category exists for a reason, and when XY athletes start stepping into that space, we’re no longer protecting that fairness. So yeah, I’m drawing a hard line. We need to start acknowledging that some rules, like keeping MTF athletes out of women’s elite sports, aren’t just necessary but essential to maintaining what’s left of competitive balance.