In the Halfway House of Ill Repute: Gender Verification under a Different Name, Still No Contribution to Fair Play

Abstract

The aftermath of Caster Semenya’s resounding victory in the women’s 800 m at the 2009 Athletics World Championships in Berlin highlighted the ethical and scientific flaws of gender verification in women’s athletics. It has led the governing international body of professional athletics, the International Association of Athletics Federations (IAAF), to adopt new rules regarding athletes with differences of sexual developments (DSDs) in women’s competitions in 2011 (Regulations on Hyperandrogenism). The International Olympic Committee followed suit and adopted a similar set of rules in 2012. Locating the practice of gender verification in a history of sexist stereotyping of women athletes (in Section 1), I argue (in Section 2), following other critics, that the IAAF’s new rules suffer from the same ethical flaws as their predecessors; and specifically that they still invite and rely on qualitative measuring of an athlete’s femininity and masculinity. In the central section of this paper (Section 3), I relate the practice of gender verification to the vexing question of what constitutes an unfair advantage in sports. I suggest, first, that athletes with a DSD should be at liberty to exploit competitive advantages their conditions might confer on them, just as most athletes in most sports are at liberty to exploit their congenital traits (the only irrelevant difference being that DSDs are construed as gendered advantages). In a second step, I argue that gender segregation in sports and gender verification practices cannot both be defended by an appeal to fairness. If we want to preserve gender segregation, then we ought to give up gender verification; and if we are not prepared to give up regulation of gendered congenital advantages, then we ought to give up gender segregation in favor of a classification system that tracks genetic predisposition rather than gender.