The special rapporteur’s letter makes clear that the Biden administration’s proposed changes to federal Title IX law requiring schools to permit males to compete in female-only sports would not only disadvantage female athletes but also seriously undermine the safety of women and girls.
The result would be to “contravene the United States’ international human rights obligations and commitments concerning the prevention of all forms of violence and discrimination against women and girls on the basis of sex.”
Under the false presumption that there exists no de facto performance advantage for biological males who self-identify as females, the Olympic framework further holds that any restrictions to eligibility criteria should have to prove a disproportionate competitive advantage. This is the grim reality confronting the women who train, work, and sacrifice so much to compete in sports at the highest levels.
The policy position holds that “categoric exclusions of [transgender] and intersex women from women’s sports is a prima facie violation of human rights obligations.” Never mind the obvious human rights violations that ensue when women are displaced or systemically disadvantaged on their own playing field by the participation of biological men.
As recognized by the Women’s Sports Policy Working Group, a group of former athletes and sports administrators, “If sports were not segregated by sex, female athletes would rarely be seen in finals or on victory podiums.”
Biological differences between men and women matter, most evidently in athletics. And contrary to what the U.N. experts suggest, “gender identity” is not a protected category under international human rights law. Rather, sex is.
Let there be no doubt: This is not about preventing transgender individuals from partaking in sports; it is about ensuring fair play and safety for all, especially women. Female athletes have the right to compete in a protected category, with a fair chance to win and with full consideration for their safety both on and off the field.
The toll of “inclusion” at the cost of fairness and safety for women in sports is mounting worldwide. This approach fails to adequately consider the clear scientific evidence that the two sexes are not equivalently situated in sports because of males’ physiological advantages over females.
Men and women are equal but not interchangeable. Only by shutting one’s eyes and ignoring the insurmountable scientific evidence can one claim that excluding male athletes from female categories is discriminatory. On the contrary, if biological men are allowed to invade female-only spaces, it will be women and girls who will pay the price of exclusion.