Falling Short: How the International Olympic Committee's Transgender Regulations Falls Short of its Intended Purpose of Promoting Fairness in Sport and Competition

AuthorJordan Singleton
PositionGraduate of Capital University Law School
Pages111-138
FALLING SHORT: HOW THE INTERNATIONAL OLYMPIC
COMMITTEES TRANSGENDER REGULATIONS FALLS SHORT
OF ITS INTENDED PURPOSE OF PROMOTING FAIRNESS IN
SPORT AND COMPETITION
JORDAN SINGLETON*
I. INTRODUCTION
It is the finals of the womens 400 meters. It promises to be a real
star attraction. The crowd is buzzing. Theres the lineup. The two to
watch tonight are Alexis Hester in lane 4 and Linda Cox in lane 5. Lets
meet t hem. Linda, a decorated 400m specialist, has unquestionably
dominated this event since Rio 4 years ago.” The entire world watches
intently as the 2020 Olympic commentator drones on in his crisp British
accent—who will win?
Lindas entire life has been dedicated to training for this moment. She
took Silver four years ago, but the prior Gold medalist retired. Linda is
less than 50 seconds away from the Gold. But the person beside her in
Lane 4 is not to be taken lightly. There is something unique about Alexis,
but Linda cant let that thought distract her from the Gold.
Bang.” Almost immediately Alexiss back is all Linda can see. Shes
right on Alexiss heals, but through the final turn Linda knows she has lost
the Gold yet again.
On the podium, as Alexiss anthem is played, Linda fingers the Silver
around her neck and stares at the Gold that should have been hers. Linda
extends her hand, as expected of her, and shakes Alexiss much larger
rough hand. Alexis used to be Alex, a man.
Alexis grew up as Alex. During college Alex was a world-class
sprinter. But Alex always wanted to be Alexis,and soon after college
began her transition. After her transition, Alexis still craved competition
and continued to train with only one goal, an Olympic Gold. As a
transgender athlete, she had more hurdles to overcome than her other
Copyright © 2019, Jordan Singleton.
* As a former NCAA Division II athlete and a recent graduate of Capital University
Law School, my purpose in writing this article is to promote the discussion of regulations
regarding gender identity in sports–particularly, the rules governing wh o transgender
women can compete against. The answer in everyday recreational sports is simple, other
women; but the answer is not so simple at the highest levels of competition. Thank you to
Professor Dan Kobil, my faculty advisor, for his help and support throughout this writing
process. Thank you also to my parents for their continued support. Th is is not an easy
topic to discuss, but they gave me the confidence to approach it without fear.
790 CAPITAL UNIVERSITY LAW REVIEW [47:789
competitors, but she strictly complied with the IOC requirements and
maintained the required lower testosterone levels that would allow her to
achieve her childhood dreams.
After stepping off the podium Linda and Alexis are immediately
bombarded with ques tions from reporters. Linda! Do you think the race
was fair? Alexis! Do you think you would still be standing on the
podium if you had been born a woman? Linda! Are you going to
challenge the outcome?! Everyone wants to know, was it truly fair to
allow Alexis, a transgender female, a former male, to compete in the
female division? After all, even if Alexiss testosterone levels are below
the required IOC threshold, there are other biological factors that
contributed to her success. Only 3 years ago, Alexis was an elite collegiate
athlete, even among males. Linda and Alexis can only stare at each other,
unable to publicly voice their true feelings. Of course, its fair; Im a
woman.” I would have won if she wasnt here.
Gender transformation is beginning to transform the world of sports.
The world seems to be moving towards a more gender-fluid mindset and
the Olympic Games are struggling to keep up.
1
Historically, the
International Olympic Committee ( IOC) policed the female division to
prevent men posing as womenfrom competing.
2
In 1968, the IOC began
gender testing athletes who wanted to compete in the female division.
3
It
wasnt until 2003 that the IOC finally implemented a rule that allowed
transgender athletes to compete in the Olympics;
4
however, female
transgender
5
athletes were required to have sex reassignment surgery
1
See Lauren Booker, What it means to be gend er-fluid, CNN (Apr. 13, 2016),
https://www.cnn.com/2016/04/13/living/gender-fluid-feat/index.html
[https://perma.cc/XH99-DD3K].
2
Samantha Shapiro, Caught in the Middle, ESPN (Aug. 1, 2012, 2:49 PM),
http://espn.go.com/olympics/story/_/id/8192977/failed-gender-test-forces-olympianredefine
-athletic-career-espn-magazine [https://perma.cc/Y8CZ-8KZ9] (For as long [as] women
have participated in the Olympics, the organizations regional governing bodies, as well as
most international sports federations, have policed competitions, trying to root out men
posing as women.).
3
Pamela B. Fastiff, Gender Verification Testing: Balancing the Rights of Female
Athletes with a Scandal-Free Olympic Games, 19 HASTINGS CONST. L.Q. 937, 938
(1992) (Since 1968 the Internationa l Olympic Committee has required all female
competitors to submit to a gender verification test prior to competing in the Olympic
Games).
4
The Associated Press, Transgender Athletes Can Now Compete in the Olympics
Without Surgery, NY TIMES (Jan. 25, 2016), https://www.nytimes.com/2016/01/26/sports/ol
ympics/transgender-athletes-olympics-ioc.html [https://perma.cc/RJK5-AZJH].
5
Madeline B. Deutsch et al., Effects of Cross-Sex Hormone Treatment on Transgender
Women and Men, 125 Obstetrics & Gynecology no.3, 605, 607 (2015) (“Transgender
(continued)

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