Thanks for responding.
But I still don't get how you can support the FINA/World Aquatics policy when it clearly defines sex in the binary way you’ve repeatedly railed against, claiming that it’s unscientific, invalid, ignorant, bigoted and unfair. And when you’re still of the view that where the FINA/WA regulations state the simple truth - that biologically, all XY DSD athletes born with functioning testes, including those with CAIS, are male - in plain, straightforward terms, it amounts to “discriminatory language.”
As for your contention that "swimming does not have athletes from less developed countries who might not have known about their DSD well into their puberty. So I don't think any real harm is done. (They are not going to be sued by an athlete who claims she didn't know about her DSD until she was 15.)"
You're overlooking that the FINA/World Aquatics rules apply to all aqautics sports, not just swimming. Lots of athletes who compete in elite diving in particular come from countries that are "less developed" and are also known to have plenty of people with the particular XY DSDs that have been such a bone of contention in women's track in recent years.
For example, at the 2023 Pan American Games, more diving medals were won by athletes from "less developed countries" in Central and South America than from the two "fully developed" countries in North America. Divers from Mexico, Colombia, Brazil and the Dominican Republic took home a total 17 medals, whilst athletes from Canada and the USA took home 12.
Then there's China. China is now a powerhouse in diving at the highest levels of world competition. But China is also a country where a good chunk of the population still lives in extreme poverty and there are many, many documented cases of XY DSDs that didn't get diagnosed until the affected individuals were older teens or adults.
Moreover, the FINA/WA rules apply globally even to countries that are considered the least developed economically because pretty much every nation on earth has a national federation that’s a member of World Aquatics. Including all the countries in sub-Saharan Africa that in the current century have shown such a penchant for finding XY DSD athletes like Semenya, Niyonsaba, Wambui, Seyni, Mboma and Masilingi to enter into elite international women’s track competition.
Since June 2021, under the presidency of Captain Husain Al Musallam, World Aquatics comprises 209 National Member Federations in the five continents.
So in fact, plenty of athletes who are subject to World Aquatics’s new regulations come from “less developed countries” where there could well be people who reach/ed their mid-teens without knowing they have one of the DSDs that are at issue in women’s sports.
My hunch is that one of the reasons there haven’t been thorny issues over XY DSD athletes in women’s aquatics over the years the way we've seen in track, skiing and soccer/football is because no national federations thought they could get away with putting athletes with conditions like XY 5-ARD, PAIS and MAIS forward in women’s aquatics and trying to pass them off as females. Even the countries that have shown they’re more than willing to cheat outright or game the system for a chance at sports gold and glory would probably decide against trying to enter XY DSD athletes like Semenya in women's aquatics because of the extremely revealing nature of swimming costumes. After all, the swimsuits that competitive aquatics athletes wear show a whole lot more than the kit worn in women’s track & field, soccer and skiing.