On the Basis of Sex? Transfemales in Sport

ORCID

Margaret Ciccolella - 0000-0001-9853-4649; J. Mark Van Ness: 0000-0001-5902-8735

Document Type

Article

Publication Title

Journal of Exercise Physiology

Department

Health, Exercise, and Sport Sciences Department

ISSN

1097-9751

Volume

26

Issue

2

First Page

50

Last Page

55

Publication Date

4-1-2023

Abstract

Title VII and Title IX use identical language that prohibits discrimination “on the basis of sex” in employment and school sports, respectively. Yet neither law defines sex, which is an essential term in these laws. Therefore, it remains with the courts and policy makers to define sex. Sex discrimination against transgenders in employment and sports are two contexts where disparate definitions of sex exist. Incongruent positions about the identification of the sex of an individual have resulted. Law and science share a commitment to defining terms applicable to an issue prior to analysis or conclusion of that issue. Defining terms is a prerequisite to the analysis that follows. This paper examines from both a legal and scientific perspective the definitions of sex. It concludes that the failure to agree on a common definition of sex will continue to produce incongruent analyses of discriminatory practices “on the basis of sex”, especially with regard to the issue of whether transfemales can participate in cisgender female sports.

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