Opposition to the international swimming federation鈥檚 (FINA) blanket ban on participating in elite swimming has been swift. FINA announced on June 19 that ban the participation of anyone who has gone through 鈥渕ale puberty beyond tanner stage two, or before age 12, whichever is later鈥.
FINA has also promised to develop an 鈥渙pen鈥 category for the participation of trans and intersex athletes in some events. Although some have advocated for an open category, what that will look like remains unclear.
There are no known transgender athletes currently competing in elite level swimming, although the high profile trans swimmer has expressed a desire to compete at the Olympics if she were to qualify.
If an open category were to be established it would likely be comprised mostly of cis men and women, and likely be dominated by men, who are on average significantly faster than women, either cis or transgender.
FINA鈥檚 decision has been widely condemned by queer sportspeople, Equality Australia (EA), Pride in Sports, Pink News and Intersex Human Rights Australia (IHRA), and research group Trans Health Research Program.
Women鈥檚 World Cup football champion聽 was widely quoted saying FINA鈥檚 exclusion is not supported by evidence.
鈥淚鈥檓 100% supportive of trans inclusion. People do not know very much about it 鈥 Frankly, I think what a lot of people know is versions of the [political] right鈥檚 talking-points, because they鈥檙e very loud, they鈥檙e very consistent, and they鈥檙e relentless.
鈥淎t the highest level, there is regulation. In collegiate sports, there is regulation, and聽at the Olympic and professional level. It鈥檚 not like it鈥檚 a free-for-all where everyone鈥檚 just doing whatever.
鈥淪o we need to start from inclusion 鈥斅爌eriod. And, as things arise, I have confidence that we can figure it out. But we can鈥檛 start at the opposite. That is cruel. And, frankly, it's just disgusting.鈥
has criticised the new policy for categorising certain intersex women as 鈥渕ales with XY DSD [disorders of sexual development]鈥. Intersex advocates have long advocated that intersex characteristics are a natural part of human diversity, not a disorder.
The classification of intersex people as disordered has led to violence and human rights violations against them in the form of non-medically-necessary and non-consensual medical interventions, including surgery and hormonal treatments that often lead to sterilisation.
As IHRA pointed out, the new requirements will require intersex athletes to prove that they have undergone such treatments.
IHRA said the ruling increases the stigma and shame intersex people face, and raises pressure on intersex people to fit binary standards of sexual characteristics.
said the new policy does not treat women with 鈥渄ignity and respect鈥. EA CEO Anna Brown said: 鈥淭he fact is that women鈥檚 bodies 鈥斅爈ike all human bodies 鈥斅燼re diverse.
鈥淔or a powerful international sporting body such as FINA to determine that only a particular type of woman can compete against other women sets a dangerous precedent, increasing discrimination against trans and intersex people and exposing intersex children to the further risk of so-called 鈥榮ex normalisation鈥 procedures without their consent.鈥
EA also worries that conservatives will use FINA鈥檚 new policy as grounds for excluding trans and intersex women from other areas of public life. It has called on FINA to reassess the policy and release an explanation of how it was reached.
Days after FINA鈥檚 decision, 聽decided to聽ban聽trans women from participating in international events. has said the policy on international track and field regulations will be discussed at the end of the year.
Olympic track and field has already come under fire for its treatment of intersex athlete Caster Semenya, who they required to take testosterone blockers to reduce her naturally high testosterone.
Australian Sports Commission CEO criticised FINA鈥檚 policy as 鈥渁 blunt approach鈥, as did Olympic swimming medallist , who said the decision was 鈥渟hameful鈥.
said: 鈥淰arious groups in society have faced exaggeration, myths and moral panics, and the idea trans women have an unfair advantage in sport is just another of these.鈥
Golder called on the federal government to 鈥 as soon as possible to help counter the negative impact of FINA鈥檚 decision鈥 including 鈥渇ull Medicare coverage of affirmation treatments, workplace discrimination protection for trans people in the Fair Work Act, a public education campaign about the truths聽of trans lives, and the creation of a national trans working group to establish and implement uniform guidelines for recording identity on documents鈥.
[Rallies for LGBTIQ rights are being organised on June 25 in聽听补苍诲听.]