The Australian Sports Commission (ASC) has recently published its guidelines addressing the inclusion of transgender and gender diverse athletes in high-performance sports. These guidelines serve as a reminder to sports governing bodies about their commitment to fostering a “spirit of inclusion” and complying with Australian law. The ASC’s guidelines are in line with the International Olympic Committee (IOC) guidelines, which prioritize inclusion and allow for exemptions on a case-by-case basis.

However, prominent sports organizations like World Athletics, World Swimming, and World Rugby have largely disregarded the IOC guidelines and instead implemented a blanket ban on transgender women who experienced male puberty. If governing bodies in Australia from these sports adopt the ASC guidelines, it could create a conflict with their international federations. On the other hand, adhering to international federation policies may risk violating Australian law.

In order to comply with the Sex Discrimination Act, which prohibits discrimination, harassment, or victimization based on sex or gender identity, Australian sports must ensure that exemptions granted are supported by objective evidence of unfair advantage or safety risks. Kieren Perkins, the CEO of the Australian Sports Commission, explained that the guidelines were developed to provide the clarity that domestic sports organizations had requested.

Perkins emphasized the need for diverse and safe opportunities for individuals to participate in sports, particularly in community sports where inclusion is unquestionable. However, he acknowledged that the conversation becomes more complex when it comes to high-performance sports. The guidelines were formulated through collaboration with medical professionals, both cisgender and transgender athletes, representatives from the LGBTQ+ community, and others, in order to find a pragmatic approach that fits the Australian context.

Perkins clarified a common misconception that someone could wake up one morning and decide to compete in a different gender’s category under the inclusion guidelines. He stated that this is not the case, as transitioning genders is a complex and often traumatic journey for individuals involved. The guidelines take into account the science behind gender reassignment and recommend a timeframe during which an individual must demonstrate their commitment to gender transition and the physiological changes associated with it.

The ASC guidelines outline several important characteristics for sports policies, including maintaining fair competition in the female category, providing opportunities for inclusion in an athlete’s preferred category when feasible, and taking meaningful action towards gender equality. The guidelines suggest that athletes should be made aware of differences between national and international governing bodies that may affect national team selection. Sports organizations have the authority to exclude athletes on “reasonable and justifiable grounds,” and eligibility and fairness factors should be clearly defined, incorporating objective measures, hormone suppression, and avenues for addressing concerns from both transgender athletes and other affected athletes.

Perkins cited the example of Basketball Australia, which recently appointed an expert panel to assess the eligibility of a transgender woman to compete in the sport’s semi-professional league. In April, the panel ruled that she was ineligible, illustrating how the ASC guidelines would be implemented in practice. The ASC guidelines include various case studies, such as the Australian Football League (AFL), which uses a comprehensive assessment of sport-specific performance capabilities rather than relying solely on hormone levels or other characteristics to determine eligibility for transgender athletes.

While some complications may arise in sports that have international governing bodies, where Australia hosts an international event and domestic policies differ from international guidelines, Perkins acknowledged that navigating such situations would be interesting. It is important to acknowledge the concerns of female athletes who lobby against inclusion, as gains made in women’s sports are perceived to be eroded by the inclusion of transgender women. Perkins stressed that gender equality still has a long way to go in Australian sport, particularly in areas such as on-field validation, executive roles, and coaching positions.

Tennis Australia has already announced its intention to advocate against adopting a strict approach to transgender players, and Football Australia has expressed its plans to develop an inclusive high-performance policy.

Read then full article here.

Photo Courtesy ABC News

Courtesy ABC News