1. Why do we have separate categories for men and women's sports?
2. Why would sports be divided by gender identity, which is a mental state of being? That would be the same as dividing sports by gay/straight, conservative/liberal, introvert/extrovert, etc. Wouldn't physical divisions make sense for sports?
I think your questions go to the heart of the issue: i.e. that biological, material reality is crucially significant in the arena of sport. Interestingly, in researching the history of Title IX, I learned that very briefly mixed sex sport was considered, but quickly nixed. I don't have time to ferret out the specifics of that discussion just now, but it's interesting that the idea didn't last long! Then, everyone understood implicitly the biological reality.
What we emphasize in our comment is that separate categories are NECESSARY for female safety and fairness and that minimizing harm to females should not be ignored in favor of minimizing harm to trans - and this we will address in our podcast.
Why gender identity is even a factor when it is, as you point out, a mental state of being, rather than a biological reality, is, as I'm sure you know, political. The LGBT community, including trans, is an important constituency for the Democrats. But even some Democrats are coming to realize that allowing gender identity to trump biology is unworkable in many cases and especially unpopular in sport.
I think it's significant that 1) it took TWO YEARS for them to produce these proposed rule changes (which come out of Biden's exec order on LGBT discrimination when he first took office in 2021); and 2) that they are now allowing sex-segregated sport when it can be justified to meet educational goals such as fair competition. At younger ages, the proposed new rules say that educational goals are usually learning skills and team building, and so sex-segregation would be harder to justify. What they do not support is blanket bans on trans participating in teams of their opposite sex just because they are trans. This they see as discriminatory.
What we say in our comment is that the Dept has not sufficiently explained what criteria are legitimate for excluding trans identified males in female sport. As Bess points out, fear of litigation, and the cost of legally defending sex-segregation policies, may incline institutions to take the path of least resistance, and not write and adopt any sex-segregation policies at all.
Yes, you may comment anonymously, although your email address will be collected, but not published. Your comment will be public, and instructions at the Federal Register ask that because your comment is public, you do not provide any identifying information about yourself or others who may wish to remain anonymous, in your comment.
Thank you! I will start writing my comment. It's pretty cool to learn more about this process.
Do you have any idea how they prevent people from making multiple comments, if at all? I hope they at least try, but we all know the thing the US government isn't best at is, well, technology. Apart from the military of course.
Q. Some activists have compared sex-segregated sports with the "separate but equal" doctrine that was used to justify Jim Crow. How is sex-segregated athletics different from Jim Crow?
We will likely handle questions directly related to the proposed rule changes first, then, time permitting, discuss these broader issues. My first thought is that Jim Crow was about enforcing a subordinate status for black Americans, whereas sex segregation in sport is about fairness and safety. Interesting question!
The numbers of transgender people are small. Less than 5% of the population. Can you explain why even with these low numbers what the impact would be on women’s sport?
Again, this is a broader issue than the proposed rule changes and the public comments process. But there are many reasons that could be explored. One is simply fair distribution of resources between females and males. Why should males get the lion's share of athletic resources that come out of the public purse? If males are going to get more, then women should pay less taxes than men, is my view! Remember that this is about federally funded educational institutions.
Health and fitness for girls and women is another good reason. Some studies have found that a high proportion of top female CEOs had participated in sport. Perhaps one could say that they learned to succeed on male terms, through sport and carried that with them into the business world.
But I always remember basketball great Mariah Burton Nelson, when she came to our Uni when I was in grad school, saying that in basketball, you have to "stand your ground" when the opposing player is coming at you. And that this physical standing one's ground also strengthens mental standing one's ground. I do think mind and body go together. Cultivating strength in one aids in cultivating strength in the other.
Only two questions need to be asked:
1. Why do we have separate categories for men and women's sports?
2. Why would sports be divided by gender identity, which is a mental state of being? That would be the same as dividing sports by gay/straight, conservative/liberal, introvert/extrovert, etc. Wouldn't physical divisions make sense for sports?
I think your questions go to the heart of the issue: i.e. that biological, material reality is crucially significant in the arena of sport. Interestingly, in researching the history of Title IX, I learned that very briefly mixed sex sport was considered, but quickly nixed. I don't have time to ferret out the specifics of that discussion just now, but it's interesting that the idea didn't last long! Then, everyone understood implicitly the biological reality.
What we emphasize in our comment is that separate categories are NECESSARY for female safety and fairness and that minimizing harm to females should not be ignored in favor of minimizing harm to trans - and this we will address in our podcast.
Why gender identity is even a factor when it is, as you point out, a mental state of being, rather than a biological reality, is, as I'm sure you know, political. The LGBT community, including trans, is an important constituency for the Democrats. But even some Democrats are coming to realize that allowing gender identity to trump biology is unworkable in many cases and especially unpopular in sport.
I think it's significant that 1) it took TWO YEARS for them to produce these proposed rule changes (which come out of Biden's exec order on LGBT discrimination when he first took office in 2021); and 2) that they are now allowing sex-segregated sport when it can be justified to meet educational goals such as fair competition. At younger ages, the proposed new rules say that educational goals are usually learning skills and team building, and so sex-segregation would be harder to justify. What they do not support is blanket bans on trans participating in teams of their opposite sex just because they are trans. This they see as discriminatory.
What we say in our comment is that the Dept has not sufficiently explained what criteria are legitimate for excluding trans identified males in female sport. As Bess points out, fear of litigation, and the cost of legally defending sex-segregation policies, may incline institutions to take the path of least resistance, and not write and adopt any sex-segregation policies at all.
Thanks for your question! More in the podcast...
Is it possible to submit comments anonymously?
Does everyone submit comments through the same links? Or is it divided by state?
Where is the link for public comment?
Yes, you may comment anonymously, although your email address will be collected, but not published. Your comment will be public, and instructions at the Federal Register ask that because your comment is public, you do not provide any identifying information about yourself or others who may wish to remain anonymous, in your comment.
The link to the Federal Register to submit comments is: https://www.federalregister.gov/documents/2023/04/13/2023-07601/nondiscrimination-on-the-basis-of-sex-in-education-programs-or-activities-receiving-federal Click on the green button "Submit a Formal Comment." Over 80k comments have already been submitted!
Thank you! I will start writing my comment. It's pretty cool to learn more about this process.
Do you have any idea how they prevent people from making multiple comments, if at all? I hope they at least try, but we all know the thing the US government isn't best at is, well, technology. Apart from the military of course.
Q. Some activists have compared sex-segregated sports with the "separate but equal" doctrine that was used to justify Jim Crow. How is sex-segregated athletics different from Jim Crow?
We will likely handle questions directly related to the proposed rule changes first, then, time permitting, discuss these broader issues. My first thought is that Jim Crow was about enforcing a subordinate status for black Americans, whereas sex segregation in sport is about fairness and safety. Interesting question!
The numbers of transgender people are small. Less than 5% of the population. Can you explain why even with these low numbers what the impact would be on women’s sport?
I have another question: for those of us with zero interest in sports, why is this issue important for women/girls?
Again, this is a broader issue than the proposed rule changes and the public comments process. But there are many reasons that could be explored. One is simply fair distribution of resources between females and males. Why should males get the lion's share of athletic resources that come out of the public purse? If males are going to get more, then women should pay less taxes than men, is my view! Remember that this is about federally funded educational institutions.
Health and fitness for girls and women is another good reason. Some studies have found that a high proportion of top female CEOs had participated in sport. Perhaps one could say that they learned to succeed on male terms, through sport and carried that with them into the business world.
But I always remember basketball great Mariah Burton Nelson, when she came to our Uni when I was in grad school, saying that in basketball, you have to "stand your ground" when the opposing player is coming at you. And that this physical standing one's ground also strengthens mental standing one's ground. I do think mind and body go together. Cultivating strength in one aids in cultivating strength in the other.
Thank you!
Thank you so much, this is very helpful and clear!