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FIMS: INTERNATIONAL PERSPECTIVES

Implications of a Third Gender for Elite Sports


Joanna Harper, MS1; Maria-Jose Martinez-Patino, PhD2; Fabio Pigozzi, MD, PhD3,4;
and Yannis Pitsiladis, MMedSci, PhD, FACSM3,4,5
Downloaded from https://journals.lww.com/acsm-csmr by BhDMf5ePHKav1zEoum1tQfN4a+kJLhEZgbsIHo4XMi0hCywCX1AWnYQp/IlQrHD3Qr4xHpnxR4kY/HQO+NsM2d2rt2IhwrKXbhTabJfkbNBJVvP8AmGhJQ== on 02/15/2019

The highest court in Germany ruled recently in favor of athletes in women’s sport because it is generally assumed that
the introduction of a third gender category for individuals transitioning from a woman to a man would not confer a
who do not identify as either male or female or are born similar competitive advantage.
with an ambiguous sexual anatomy (1). This ruling is in line The question of whether transgender and/or intersex wom-
with at least 10 nations or states that allow a third legal en should be allowed to compete against other women, and if
gender (2). This perspective outlines the implications of a so then under what conditions, is extremely contentious. Ex-
third gender for elite sport and is a summary of proceedings amining the fundamental concepts of sex and gender can help
of a session entitled ‘‘Beyond Fairness: The Biology of In- provide some insights. For the purpose of this perspective, sex
clusion for Transgender and Intersex Athletes’’ at the 10th is defined as those biological qualities that make humans male,
European Sport Medicine V Congress of the European female, or somewhere in between, while gender can be thought
Federation of Sports Medicine Associations (EFSMA) that of as a nonbinary social construct. Humans possess at least six
took place in Estoril, Lisbon, Portugal from November 16 distinct manifestations of biological sex; internal and external
to 18, 2017 (3). genitalia, chromosomes, hormone levels, secondary sex char-
Although it may seem simple enough to determine which acteristics, and gender identity. Only when all of the elements
athletes compete in the men’s division and which athletes of biological sex are examined can one say that someone is
compete in the women’s division V after all humans get sorted male, female, or somewhere in between. The inclusion, how-
into male and female bins from the moment of birth V the ever, of gender identity as one of the biological components of
question of precisely who should compete in the male and sex is not without controversy, albeit an ever larger number of
female categories is one of the most emotional and complex scientists seem prepared to endorse this position (4,5). There is
issues facing elite sport in recent times. Despite the separa- a great deal of debate around the complex and multifaceted
tion of neonates into bundles of ‘‘pink’’ or ‘‘blue,’’ it should concept of gender as a social construct (6). Additionally, terms,
be noted that biology does not neatly divide humans into two such as gender assigned at birth (7) and legal gender (8), are
sexes. There are two main groups of people (i.e., intersex and commonly used with the understanding that one’s legal gender
transgender) who fall outside of the binary division that most might be different from the gender assigned at birth. Given the
people take for granted. Intersex individuals have chromo- multifaceted nature of gender, we propose the concept of an
somal or physical conditions that blur the line separating men ‘‘athletic gender’’ for the purpose of elite competitive sport.
from women. Intersex conditions are often referred to as dis- Individuals are assigned a gender at birth based on the ap-
orders of sexual development or differences of sexual devel- pearance of one’s external genitalia, one component of biologi-
opment (DSD). Transgender individuals can be defined as cal sex. The external genitalia of many intersex individuals are
those whose gender identity V an innate sense of whether one atypical in appearance, and the process of assigning gender be-
is male, female, or somewhere in between V differs from their comes far more complex. An enlightened and informed society
assigned sex at birth. Some athletes from each of these two should allow people to live as male, female, or somewhere in
groups would like to compete in women’s sport. For this per- between, depending on their individual gender identity. In other
spective, we focus on issues raised by intersex and transgender words, an individual’s gender identity can be used to define their
social gender. While self-defined social gender is very important
1
Providence Portland Medical Center, Portland, OR; 2Faculty of Educational
in shaping the way an individual chooses to live, gender identity
Sciences and Sports, University of Vigo, Pontevedra, SPAIN; 3Department alone is not sufficient to determine the appropriate sports cate-
of Movement, Human and Health Sciences, University of Rome ‘‘Foro gory for any individual. Our legal gender usually matches the
Italico,’’ Rome, ITALY; 4International Federation of Sports Medicine (FIMS), gender assigned at birth but laws dealing with intersex and
Lausanne, SWITZERLAND; and 5Collaborating Centre of Sports Medicine, transgender individuals vary widely depending on the given
University of Brighton, Eastbourne, UK
country. In addition to the 11 or more nations or states that
Address for correspondence: Yannis Pitsiladis, MMedSci, PhD, FACSM, allow a third legal gender, a further seven countries allow people
Collaborating Centre of Sports Medicine, University of Brighton, to change their gender markers by self-declaration (9). On the
Eastbourne, United Kingdom; E-mail: y.pitsiladis@brighton.ac.uk. other hand, many other countries either refuse to consider any
1537-890X/1702/42Y44
legal gender beyond that defined at birth or make it extremely
Current Sports Medicine Reports difficult to make changes to the legal gender at birth (9). Legal
Copyright * 2018 by the American College of Sports Medicine gender, which does not define one’s athletic capabilities, cannot

42 Volume 17 & Number 2 & February 2018 International Perspective

Copyright © 2018 by the American College of Sports Medicine. Unauthorized reproduction of this article is prohibited.
therefore be the sole criterion to determine appropriate sporting with testosterone levels within the normal female range
categories especially when dealing with elite sport. The concept will retain the same relative ability after transition; a
of an athletic gender is in line with the Fundamental Principles of powerful argument for the performance enhancing effects
the Olympic Charter (10). In particular ‘‘The enjoyment of the of testosterone.
rights and freedoms set forth in this Olympic Charter shall be The intention for separating athletes into male and female
secured without discrimination of any kind, such as race, colour, categories is to provide women athletes with meaningful
sex, sexual orientation, language, religion, political or other competition. It would be equally reasonable therefore to al-
opinion, national or social origin, property, birth, or other sta- low transgender or intersex women to compete with other
tus.’’ For the Olympic Charter to be upheld in a way that ensures female athletes if, and only if, the inclusion of these athletes
meaningful sporting competition, it is imperative that the ath- did not unduly alter the playing field for other women. If one
letic gender concept be defined using scientifically determined can minimize athletic advantages potentially held by gender-
performance-based metrics. variant athletes, then one can satisfy this requirement. It may
When the International Olympic Committee (IOC) and not be necessary, or even possible, to eliminate all individual
the International Association of Athletics Federations advantages held by a transgender or intersex woman. Any
(IAAF) abandoned chromosome testing in the 1990s, they remaining advantage, theoretical or real, held by a gender-
took differing paths in their treatment of intersex and later variant athlete would be only one component of their unique
transgender athletes but both organisations have converged makeup. It is paramount, however, that all athletes compet-
around the notion that testosterone levels should be the key ing have a chance to succeed V albeit not necessarily an equal
component of their regulations on gender variant athletes chance and in line with the true essence of sport.
(11Y13). Additionally, the National Collegiate Athletic As- The initial fear that transgender women would dominate
sociation (NCAA) also adopted testosterone-based rules to women’s sport has simply not materialised, in large part due to
govern the participation of transgender athletes in 2011 the effects of testosterone suppression. Transgender women
(14). Despite a paucity of research in this area, the general are majorly underrepresented in elite level sport. For instance,
consensus is that differences in testosterone levels is currently there were approximately 4700 female competitors (21) and
the single most important factor contributing to the perfor- 460 female medal winners (22) in the Rio Olympic Games.
mance differences between male and female athletes (15). This Assuming that transgender individuals make up approxi-
view also is supported by the results of a recent study that mately 0.6% of the population (23), then there should have
demonstrated a significant advantage for women with higher been 20 to 25 transgender women competitors and two or
testosterone levels in selected events at two recent world track three medal winners at the 2016 Olympics. In contrast to this,
and field championships (16). Specifically, when compared no openly transgender athlete has ever competed in any
with the lowest female testosterone tertile, women with the Olympic Games, let alone won a medal (24). Opponents of
highest tertile for testosterone performed significantly better in testosterone-based methods often suggest that testing is overly
400 m, 400 m hurdles, 800 m, hammer throw, and pole vault invasive (25), but this argument has little basis. A simple blood
with margins of approximately 2.7%, 2.8%, 1.8%, 4.5%, and test, routinely performed in annual physical evaluations
2.9%, respectively (16). If there is equitable competition be- worldwide can be used to determine testosterone levels. Only
tween the two groups of athletes, the two groups should be when a woman’s testosterone levels are out of the normal
present in championship events in numbers that are consis- range for women do the tests become more invasive and even
tent with their representation in the general population. At then, the testing involved is not any more invasive than the
the 2011 IAAF world championships, hyperandrogenic ath- routine drug testing that elite athletes are required to undergo.
letes (i.e., a subset of intersex athletes) were overrepresented These urinalysis tests for doping control require an observer to
by a factor of 140, an indirect measure of a major advantage watch the urine leaving the athlete’s body and enter the col-
(15). Moreover, historical accounts of doping in the previous lection cup. It is understood by elite athletes that this loss of
German Democratic Republic (GDR) with testosterone as privacy is a price that must be paid for equitable sport.
part of a regime of different doping substances and methods While imperfect, serum testosterone levels are currently
indirectly confirm the performance enhancing effects of the best available method to fairly separate male and female
testosterone (17). athletes. Although there is an obvious need for more scien-
Biological research studies on intersex or transgender tific data to support the idea of testosterone- and/or other
athletes are rare, as it is extraordinarily difficult to gather biomarker-based athletic gender, the study of hormonal
data from small and at times secretive populations. In one of variations and muscle memory and their effect on athletic
two notable studies, Bermon (18) measured the athletic performance is attracting more research interest all the time
performance of three intersex athletes who had undergone (26). A concerted international research effort aimed at
medical intervention. After 2 yr of testosterone suppression, improving the identification of new biomarkers better able
the three athletes were collectively running 5.7% slower to discriminate athletic gender will undoubtedly emerge in
(18). In another study, race times were obtained from eight the near future as research intensifies. For example, an im-
transgender distance runners before and after transition proved approach may involve the use of bioavailable tes-
(19). The run times were then compared using the age- tosterone, that is, the testosterone that is taken up and used
graded methodology, the standard method used by World by the body’s cells, coupled with an allowance for androgen
Master’s Athletics to compare male and female athletes of all insensitivity.
ages (20). Collectively, the eight runners had similar age- In conclusion, to uphold the Olympic Charter and ensure
graded scores before and after transition. Given these results, meaningful sporting competition, it is necessary to use an
it is unlikely that a transitioned male to female athlete evolving evidence-based scientific method to separate athletes

www.acsm-csmr.org Current Sports Medicine Reports 43

Copyright © 2018 by the American College of Sports Medicine. Unauthorized reproduction of this article is prohibited.
into male and female categories. Although imperfect, the best women’s competitions. [Internet]. International Association of Athletics Fed-
erations. Monaco. 2012 Nov 1. [cited 2017 Dec 4]. Available from: https://
currently available scientific approach is the use of serum www.iaaf.org/about-iaaf/documents/medical#hyperandrogenism-and-sex-
testosterone levels. It is helpful to view the separation of reassignment/.
athletes into male and female categories as the determina- 12. International Olympic Committee. IOC regulations on female hyperandrogenism
tion of an athletic gender. If the idea of an athletic gender is [Internet]. International Olympic Committee. Lausanne. 2012 [cited 2017 Dec 4],
Available from: https://stillmed.olympic.org/Documents/Commissions_
adapted, the increased use of this concept will result in PDFfiles/Medical_commission/2012-06-22-IOC-Regulations-on-Female-
clearer sporting policies and a reduction in the discord be- Hyperandrogenism-eng.pdf.
tween various factions in the very complex world of sex, 13. International Olympic Committee. IOC consensus meeting on sex
gender, and sport. reassignment and hyperandrogenism. November 2015. [Internet] Lausanne:
International Olympic Committee 2015 Nov. [cited 2017 Dec 4]. Available
from: https://stillmed.olympic.org/Documents/Commissions_PDFfiles/
Medical_commission/2015-11_ioc_consensus_meeting_on_sex_
reassignment_and_hyperandrogenism-en.pdf.
The authors declare no conflict of interest and do not
14. NCAA. Inclusion of transgender student-athletes. [Internet]. National Col-
have any financial disclosures. legiate Athletic Association. Indianapolis. 2011 August. [cited 2017 Dec 4].
Available from: https://www.ncaa.org/sites/default/files/Transgender_
Handbook_2011_Final.pdf/.
References 15. Bermon S, Garnier PY, Hirschberg AL, et al. Serum androgen levels in elite
1. Alkousaa R. German court rules in favor of third gender category. Reuters
female athletes. J. Clin. Endocrinol. Metab. 2014; 99:4328Y35.
[Internet]. 2017, Nov 8. [cited 2017 Dec 4]. Available from: www.reuters.
com/article/us-germany-gender/german-court-rules-in-favor-of-third-gender- 16. Bermon S, Garnier PY. Serum androgen levels and their relation to perfor-
category-idUSKBN1D82B3. mance in track and field: mass spectrometry results from 2127 observations
in male and female elite athletes. Br. J. Sports Med. 2017; 51:1309Y14.
2. Wikipedia contributors. Third gender [Internet]. Wikipedia, The Free En-
cyclopedia; 2017 Nov 30. [cited 2017 Dec 5]. Available from: https://en. 17. Franke WW, Berendonk B. Hormonal doping and androgenization of ath-
wikipedia.org/w/index.php?title=Third_gender&oldid=812921541. letes: a secret program of the German Democratic Republic government.
3. Programme 10th EFSMA Congress. 2017 Nov 16Y18. [cited 2017 Dec 4]. Clin. Chem. 1997; 43:1262Y79.
Available from: www.efsma2017.org/Downloads/DetailedProgramme.pdf. 18. Bermon S. Androgens and athletic performance of elite female athletes. Curr.
4. Russo F. Is there something unique about the transgender brain? Scientific Opin. Endocrinol. Diabetes Obes. 2017; 24:246Y51.
American. [Internet] 2016. [cited 2017 Dec 4]. Available from: www. 19. Harper J. Race times for transgender athletes. J. Sporting Cultures Identities.
scientificamerican.com/article/is-there-something-unique-about-the- 2015; 6:1Y9.
transgender-brain/.
20. Grubb HJ. Models for comparing athletic performances. The Statistician.
5. Saraswat A, Weinand J, Safer J. Evidence supporting the biologic nature of 1998; 47:509Y52.
gender identity. Endocr. Pract. 2015; 21:199Y204.
21. Crockett Z. More women will compete in Rio 2016 than in any other
6. Brauer D. When queer = diversity = complicated. U VT. CONTINUING &
Olympics. Vox. [Internet]. 2016 Aug 5. [cited 2017 Dec 4]. Available from:
DISTANCE EDUC [Internet] 2015; [cited 2017 Dec 4]. Available from:
www.vox.com/2016/8/5/12386612/rio-olympics-2016-women/.
https://learn.uvm.edu/blog-education/complexities-of-gender-identity/.
7. Nugent P. Gender assignment. PSYCHOL DICTIONARY [Internet] 2013 22. Mazotte N. Team USA’s women are an Olympic powerhouse. Five Thirty
May 11. [cited 2017 Dec 4]. Available from: https://psychologydictionary. Eight. [Internet]. 2016 Aug 24. [cited 2017 Dec 4]. Available from: https://
org/gender-assignment/. fivethirtyeight.com/features/team-usas-women-are-an-olympic-powerhouse/.

8. Nonbinary contributors. Legal gender [Internet]. Nonbinary. 2017 Sep 4. 23. Flores A, Herman J, Gates G, et al. How many adults identify as transgender
[cited 2017 Dec 5]. Available from: https://nonbinary.wiki/w/index.php?title= in the United States? The Williams Institute. [Internet]. 2016 June [cited
Legal_gender&oldid=3861. 2017 Dec 4]. Available from: http://williamsinstitute.law.ucla.edu/wp-
content/uploads/How-Many-Adults-Identify-as-Transgender-in-the-United-
9. Champine R, Williams R, Berman-Vaporis I. The legality of gender change. States.pdf.
National Geographic [Internet]. 2017 Jan. [cited 2017 Dec 4]. Available
from: http://www.nationalgeographic.com/magazine/2017/01/gender- 24. Steele L. Chris Mosier on making history as first trans member of Team USA.
identity-map-where-you-can-change-your-gender-on-legal-documents/. Rolling Stone. [Internet]. 2016 Aug 2. [cited 2017 Dec 4]. Available from:
www.rollingstone.com/sports/features/chris-mosier-first-trans-team-usa-
10. International Olympic Committee. Olympic Charter [Internet]. Lausanne: member-w432272.
International Olympic Committee. 2017 Sep. [cited 2017 Dec 4]. Available
from: https://stillmed.olympic.org/media/Document%20Library/OlympicOrg/ 25. Katz RS, Luckinbill R. Changing sex/gender roles in sport. Stanford Law and
General/EN-Olympic-Charter.pdf#_ga=2.17871673.1051009108. Policy Review. 2017; 28:215Y43.
1512427396-2086914248.1494153900/. 26. Pitsiladis Y, Harper J, Martinez-Patino MJ, et al. Beyond fairness: the biology
11. International Association of Athletics Federations. IAAF regulations governing of inclusion for transgender and intersex athletes. Curr. Sports Med. Rep.
eligibility of athletes who have undergone sex reassignment to compete in 2016; 15:386Y8.

44 Volume 17 & Number 2 & February 2018 International Perspective

Copyright © 2018 by the American College of Sports Medicine. Unauthorized reproduction of this article is prohibited.

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