Olympic champion Caster Semenya has lost her case against the International Association of Athletic Federation, in a decision that could mean the end of her career.
It followed nearly two months of deliberation on one of the most complex and challenging cases that the Court of Arbitration for Sport (CAS) has ever had.
The ruling means that, from now on, the South African will be required to take medication or undergo invasive surgery to reduce the levels of testosterone in her body if she wants to compete internationally.
It’s worth noting, peculiarly, that the ruling only applies to events between 400 metres and a mile – should the two-time 800-metre Olympic gold winner compete in long distance, this ruling would not apply.
If she chooses not to take medication or undergo surgery other, options suggested are to compete with men or in intersex categories (if available).
This ruling is incredibly sad and I wonder what impact it will have on the inclusiveness and diversity of women’s sport; qualities which are some of the most celebrated. This decision does the very opposite and creates hurt and divisiveness.
This case does not benefit women’s sport nor protect it, which was one of the IAAF’s key arguments.
This is a particularly hard perspective to justify when the science is unclear on whether women with higher levels of testosterone get the same performance benefits as men do, because of the way a woman’s body converts the testosterone into a fully active form.
More study and research need to be conducted in this challenging space.
What I struggle with the most is understanding how a governing body thinks it is appropriate to discriminate against a human being because of characteristics they were born with.
In their ruling, the CAS made it clear that discrimination in sport can be appropriate if it can be justified. In this case, the justification is the protection of women’s sport.
The CAS has made a decision which is discriminating on characteristics Semenya was born with. How far does this go?
In the past, we have marvelled at the bodies of athletes and considered what gives some an edge over others. Discriminating against Semenya in this way is akin to discriminating against Thon Maker because of his height, or Michael Phelps – who had a number of physical characteristics which differentiated him from his competition on the pool.
Michael Phelps (AP Photo/Matt Slocum)
Semenya is a person and she should be celebrated because of her individuality, not criticised, targeted or marginalised because of it.
Throughout the case, experts and scientists appeared both on behalf of Semenya and the IAFF. Almost everything in this case has been debated heavily, in particular the science.
But one view that has not been given enough precedence is the views of athletes Semenya is competing against.
Madeleine Pape competed against Caster in the 800 metres at the 2009 World Athletic Championships in Berlin – an event in which the South African finished the final almost two seconds ahead of her nearest competitor.
At the time, Pape joined many other voices in suggesting Semenya competing was unfair. She has since changed her view based on further study, a recognition that gender encompasses more than science, and that a person’s gender is about far more than hormones.
Pape is now so staunch in her beliefs that she went so far as to testify in support of Indian athlete Dutee Chand, who has challenged the IAFF on similar issues.
Pape advocates for our sports to be inclusive and suggests that the IAFF should be more proactive in education and informed discussion about an issue that has created tremendous divisiveness. I agree with her, particularly about the need for more informed discussion.
So where to next? Will Semenya look to get the decision reviewed? Will she reduce the levels of testosterone in her body (which her legal team estimate will result in her running the 800 metres seven seconds slower)? Or will she instead choose to compete in longer distance events to which the ruling does not apply?
One thing is certain, this issue will continue under the microscope for years to come, touching a number of sports.
At its heart will be consideration of how to make sport fair, whether our current divisions based on men and women continue, or whether we move to a new type of division.
John Snow
Guest
And thats the whole crux of the issue. Gender fluidity is very subjective, biological sex isn't. One can identify as female in a gender role, but that doesn't mean their biological sex, if scientifcally identified as male, is anything but (and vice versa). And quite simply if there was no difference in biological sex of a person (performance wise), there would be no mens/womens competitions as everyone would be equal, which just isn't reality (as much as some would like to think differently). The funny thing about this is the people who are supporters of Semenya competing in womens events are some of the strongest supporters of global warming (which I also believe is true) and will use the old "look at the science" rebutal to anybody who disagrees. Well I'll ask these same supporters of Semenya, who mistakenly believe she is biologically of the female sex, "why don't you look at the science", starting with his (biological speaking) XY chromosomes. And I know she dosen't identify as transgender, but it still doesn't mean she is of the female sex, and emotions won't change that.
jameswm
Roar Guru
Not that good. 1.54-55 is not great for a male.
jameswm
Roar Guru
Nah you’ve missed the point. I’m criticised for not mentioning race?
Internal Fixation
Roar Rookie
From a medical perspective a lot of what Mary has stated makes absolutely no sense. It is an emotive argument only. You are spot on. In a society where gender is increasingly less relevant women’s events are now effectively protected as you state. It is therefore up to the governing body to determine this level of protection. Some won’t like it but life isn’t fair.
XI
Roar Guru
I literally said you're ignoring race because it is relevant. You mentioned Sharpe but didn't mention the racist undertones the interviews surrounding that event had. You're agreeing with the idea that someone has to take drugs to make them not who they are to match proscribed norms in this case; but not when it's someone like Phelps even though there are a lot of parallels.
Censored Often
Roar Rookie
Have a great weekend.
Nick
Roar Guru
What are you talking about? What's not intelligent about what I've been saying. I've been engaged in some healthy discussions with James. As normal. You - have your head in whatever tract Andrew Bolt just wrote.
jameswm
Roar Guru
That's a big story there spruce. I was chatting to his mum the other day, who is French background. France are prepared to throw a fair bit at him, but athletics isn't the best funded sport in this country (to put it mildly). Hopefully he finds a kind personal sponsor - they do exist.
jameswm
Roar Guru
What’s it got to do with race? Where did I mention race as relevant? Nice straw man argument.
Simoc
Guest
Hopefully one day you'll make an intelligent comment Spruce. But probably just continuous b/s which is your way. When Semenya competed here at the start of the year and won easily she was ignored by most of the field and she seemed to expect that. She's a great athlete so if having treatment brings her back to the field that is a good outcome. The ruling is sensible.
josh
Roar Rookie
You're right there is.
XI
Roar Guru
That's gotta be a yikes from me. Semenya is a cis woman who happens to have an elevated production of testosterone. Lyndsey Sharpe came sixth and the woman she hugged later said she was proud to be the "first European and second white" in that race. There are so many problems here to do with race and gender that you are just ignoring.
Nick
Roar Guru
You need to better understand precedent. It doesn't lock itself in - it gives someone the opportunity to test it elsewhere. "Not many of African background do well in the throws" - depends. Africans? No. African-Americans - yes. And that is usually reflective of funding and opportunity costs. I like field events...they are really global. Generally skill and technique is rewarded just as much as raw physical ability. And middle distance running gives a chance to anyone (so long as you aren't running against a David Rudisha - then you may as well just try to cash in a PB in his wake. Astoundingly wonderful talent). It's sprints and long distance running where the genetic advantages are absolutely apparent.
jameswm
Roar Guru
What do you mean physiologically female? By the reports I've seen, she's probably more physiologically male, but I'm not sure what the measures would be - as I understand it she is XY chromosome, internal testes, no ovaries, no uterus. What decides it?
Nick
Roar Guru
The quickest Aussies tend to do things that ultimately won't require something beyond them to stay in the hunt: run a 9.90. Hence why you celebrate a semi finalist in the 100, while I think it reinforces my point. I will gladly concede though that the 16yr old Perth boy is something else. We should be throwing a lot of money at him now, to convince him to represent Australia. he's an absolute chance to break records in hurdles.
jameswm
Roar Guru
Precedent to change the rules only on gender based differences. Surely you see the difference. I don't see things going down that route at all. It's all part of the fun. Not many of African background do well in the throws, though there is a very good Jamaican discus thrower, and there was a very good Kenyan jav thrower a few years ago.
Jack Russell
Roar Guru
She's intersex isn't she? Both male and female.
Raimond
Roar Guru
If Semenya is physiologically female, and is not taking supplements, what is the issue? This borders on persecution.
jameswm
Roar Guru
Au Aussie 21yo just ran 10.08 legal. Things are changing gradually, but the quickest Aussies tend to do LJ, PV, hurdles, 400 etc. Look at the WJ results last year - in mens, we went 1-2 in the decathlon, 1st in javelin, 2 finalists in shot putt, 5th in 200, semi-finalist in 100, women 2nd in 800 and 4x400, can't remember the others - and a 16yo setting world age records in 110H and PV, a lot high up in world U20 rankings. Things are improving in Aus - celebrate it.
Raimond
Roar Guru
This reminds me of the time Matt Shirvington was described as "the world's fastest white man." Basically a participation trophy.