FINA Bans Lia Thomas and Trans Women Who Did not Transition Before Age 12 from Competing Against Women

also any men in advanced stages of male pattern baldness.

Yes, perhaps it would be an opportunity to include older athletes. No men over the age of 35 have ever won an Olympic swimming medal, so perhaps men > 35 could also be eligible for the open category

Relevant passages from the new FINA policy document:

POLICY DEFINITIONS

FINA recognises that some individuals and groups may be uncomfortable with the use of medical and scientific terminology related to sex and sex-linked traits. FINA respects all Aquatics athletes and has sought to avoid sensitive terminology that may cause offense. Nevertheless, some use of sensitive terminology is needed to be precise about the sex characteristics that justify separate competition categories and to ensure that the Policy’s terms are understood by all Aquatics stakeholders. Some of those terms are explained in this section.

For purposes of this Policy: “ Differences of sexual development” (DSD) are a group of conditions where external genital appearance is discordant with internal sex organs (testes and ovaries). This Policy is only concerned with 46 XY DSD, i.e., DSD affecting athletes with testes (males as defined below).

The word “female” means possession of XX chromosomes and (in the absence of medical intervention) ovaries and increased circulating oestrogen and progesterone starting at puberty.

The word “male” means possession of XY chromosomes and (in the absence of medical intervention) testes and increased circulating testosterone starting at puberty.

The word “sex” denotes natural biological differences between females and males, including chromosomes, sex organs, and endogenous hormonal profiles.

This Policy uses the word “sex” and the term “biological sex” interchangeably.

The term “Tanner Stages” denotes the five stages of puberty during which individuals develop secondary sex characteristics. Tanner Stage 2 denotes the onset of puberty. The normal time of onset of puberty ranges from 8 to 13 years old in females, and from 9 to 14 years old in males.

The term “transgender” refers to individuals whose gender identity and/or expression differs from what is typically associated with their sex.

THE POLICY OBJECTIVES

FINA is committed to the inclusion of all Aquatics athletes from all countries in the sport, subject to the eligibility requirements set out in this Policy It is committed to the separation of Aquatics sports into men’s and women’s categories according to sex, as this is necessary for the attainment of the goals for that category that are set out in the Introduction to this Policy. It is also committed to providing the opportunity for transgender and 46 XY DSD athletes to compete in Aquatics competitions pursuant to eligibility criteria that are consistent with and do not undermine those goals.

In light of these commitments, the objectives of this Policy are:
• to maintain the separation of Aquatic sports into men’s and women’s categories according to scientifically-grounded, sex-based criteria;
• to maintain the separation of Aquatic sports into men’s and women’s categories according to scientifically-grounded, sex-based criteria;
• to provide opportunities for transgender and 46 XY DSD athletes to compete in FINA competitions in the competition category that reflects their gender identity based on eligibility criteria that are consistent with and do not undermine FINA’s goals for the women’s category; and
•to provide a clear, fair, respectful, and confidential process by which athletes may establish their eligibility for FINA competitions.

THE POLICY:

Male-to-female transgender athletes (transgender women) and athletes with 46 XY DSD whose legal gender and/or gender identity is female are eligible to compete in the women’s category in FINA competitions and to set FINA World Records in the women’s category in FINA competitions and in other events recognised by FINA if they can establish to FINA’s comfortable satisfaction that they have not experienced any part of male puberty beyond Tanner Stage 2 or before age 12, whichever is later.

Specifically, the athlete must produce evidence establishing that:

i. They have complete androgen insensitivity and therefore could not experience male puberty; or

ii. They are androgen sensitive but had male puberty suppressed beginning at Tanner Stage 2 or before age 12, whichever is later, and they have since continuously maintained their testosterone levels in serum (or plasma) below 2.5 nmol/L.

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ALSO

a.All athletes must certify their chromosomal sex with their Member Federation in order to be eligible for FINA competitions. Failure to do so, or provision of a false certification, will render the athlete ineligible.
b. Member Federations must confirm their athletes’ certifications of chromosomal sex when registering their athletes to compete in FINA competitions.
c. FINA reserves the right to include a chromosomal sex screen in its antidoping protocol to confirm such certification.

https://resources.fina.org/fina/document/2022/06/19/525de003-51f4-47d3-8d5a-716dac5f77c7/FINA-INCLUSION-POLICY-AND-APPENDICES-FINAL-.pdf

I find this too restrictive. There are several human characteristics which prevent you in competing with the top male athletes. I agree that being XX is a major one, but there are other very important characteristics which limit you.

They should use the opportunity of creating an entire category to deal with other middle ground characteristics which limits a human to be competitive in the male category.

The new FINA policy I just posted reinstates the practice of making sex chromosome testing mandatory for all athletes seeking to compete in elite women's swimming events - and it makes such testing mandatory for all athletes in elite men's swimming too. This is is a major development - one that hopefully marks the beginning of a return to common sense on the part of international sports governing bodies.

Starting in the the mid-1960s, the IOC and other international governing bodies required all athletes seeking eligibility for women's elite events to give DNA samples via mouth swabs to establish that they had female sex chromosomes. Later, testing for the male-determining SRY gene that's usually on the Y chromosome was added.

But in the 1980s, XY DSD athletes who felt "outed" and claimed the DNA testing unfairly discriminated against them successfully challenged the testing in court. This led to the IOC and other sports governing bodies like the IAAF deciding to abandon the DNA testing altogether in the 1990s. That's when the criteria for women's competition became all about testosterone levels. Whereas women's sports originally were established and meant for those born female with ovaries, in the 1990s-2000s the women's category was redefined as sort of a catchall division for females AND for males with a wide array of disorders of male sex development.

Abandoning the sex testing paved way for a flood of XY DSD athletes who'd been through male puberty like Caster Semenya to enter women's elite women's competition. Once loopholes were created for XY DSD athletes with clear male advantage like Semenya to compete in women's sport, the stage was set for sports policy makers to start changing the rules to allow males without DSDs also to enter women's sports based on their claimed gender identities. Suddenly, women's sports were not just for XX female athletes and XY male athletes with disorders of male sex development any more. Now the women's category was also for XY male athletes who claimed to "identify as" women - at least "for sporting purposes" - who could demonstrate that for 12 months their T levels had been under 10 or 5 nmol/L. (The normal male range is 7.7-29.4 nmol/L. Normal female range is 0.02-1.68.)

The new FINA policy is a big step in the right direction. The new policy clearly states that the women's category is for people born with female sex chromosomes and ovaries, not for any athletes with male sex chromosomes, testes, male levels of testosterone and male-typical response to testosterone.

The FINA policy bars from women's competition all athletes who've gone through male puberty of adolescence in whole or in part. This means not only trans-identified athletes like Lia Thomas, but virtually all XY DSD athletes with functioning testes and fully or partially working male androgen receptors like Caster Semenya, Francine Niyonsaba and Dutee Chand.

The only loophole made XY for DSD athletes is for those with CAIS, who can't utilize the massive amounts of T their testes pump out as males customarily do because their male androgen receptors don't work.

Man, that really has me confused, gender is fluid.

The parameters for the Open category haven't been defined yet. But since the category is called Open, I imagine anyone could enter.

The new policy released today says female athletes who identify as men can compete in women's swimming if they are not taking exogenous T. They also can compete in the men's category whether they are unmedicated or taking T. However, if they are taking exogenous T they have to get a TUE.

Also, female athletes who identify as transgender men and decide to compete in men's water polo and high diving must sign a waiver that says:

I acknowledge and accept the possible increased injury risk associated with transgender men competing in the men’s competition category in Water Polo alongside males who are statistically likely to be stronger, faster, and heavier than transgender men.

AND/OR

I acknowledge and accept the possible increased injury risk associated with transgender men competing in the men’s competition category in the High Diving given the demands of the discipline.

I understand and acknowledge that FINA strongly recommends that I speak to a qualified medical specialist prior to competition to ensure my physical ability to participate in the men’s category and to ensure that I understand the attendant risks.

I acknowledge and agree that I am voluntarily assuming the risk that I might suffer loss, injury, death, or other damage as a result of my participation in the men’s competition category, including (without limitation) any possible increased risk due to my status as a female-to-male transgender athlete. I hereby waive and release FINA and all persons and entities involved in any way in FINA Competitions (including, without limitation, all of their respective members, directors, officers, employees, volunteers, contractors, and agents) from any claim of liability in respect of such loss, injury, death, or other damage.

A 42 yr old guy just won a silver medal in 50m fly at the World Chamionships.

en.wikipedia.org

Nicholas Santos

Nicholas Araújo Dias dos Santos (born 14 February 1980) is a Brazilian competitive swimmer who specializes in freestyle and butterfly sprint events. He swims for Esporte Clube Pinheiros. He swam the 50-metre freestyle at the...

Open link

The actual policy here. (See pages 7-8 for the eligibility criteria. It also covers the DSD issue.)

https://resources.fina.org/fina/document/2022/06/19/525de003-51f4-47d3-8d5a-716dac5f77c7/FINA-INCLUSION-POLICY-AND-APPENDICES-FINAL-.pdf

So you think there should be an additional category added in sports for males who aren't competitive against the the top males? That would mean there'd be two men's divisions: elite males and males who can't make the grade against the top males. Sorta like in baseball where there's major league and minor league.

If that's what you want, then campaign for it. All women like me want is for an end to the constant demands that males who can't or don't want to compete against others of their sex be shoehorned into the women's category.

No, I personally don’t think that there should be another category. But given that they are proposing one, I am suggesting that they should make it less restrictive.

Clearly women are weaker and slower, so they should have their own category. XY DSD are stronger, so they probably don’t belong in the weaker woman category.

Others could probably also benefit from this new category. Allowing more people in that new category would also make it more competitive/popular.

Fina will allow 46 XY DSD CAIS. As a practical matter, how are CAIS and PAIS distinguished for the purposes of athletics? In some cases it’s obvious, but PAIS is a broad spectrum of phenotypes. How would this be sorted out, more subtle PAIS conferring an advantage versus CAIS? Have there been any elite athletes in the past felt to have 46 XY DSD CAIS?

Somewhere in Baltimore...

Alright 11 year old kids! Get your transgender process taken care of starting today so we can have our ducks in a row for the long term.

I think this could be a great move for cis XX womens sports.
Problem is (and correct me if I’m wrong), didn’t a bunch of states recently rule out transitioning before age 18?

I honestly think this was the right move. Trans women who were once men competing against women is a bridge too far, IMO.

It's a problem as they should not have made an exception for people that transitioned before 12.

I assume that they are mostly looking at someone who transitioned at birth or a few years later due to medical issues.

That is better for female athletes, but it screws things up for event organizers. Events could possibly now have 33% more events taking 33% longer meaning more cost to staff and rent facilities. It's probably going to lead them to drop events or reduce the number of heats to maintain a schedule... etc. Etc. Either that or athletes are going to be competing at 1AM... some crap like that.