“So, taking this conclusion at face value, if there was a law that said ‘trans women are banned from competing against cis women in elite sports’, that would not be the correct way to word the intention of the law.”
Spooky. You talk about precision yet this sentence is a great example of just how imprecise this terminology is.
Where do people who are NB come into it?
No. A precise sentence is:
‘trans women All male athletes who have or had the ability to process testosterone are banned from competing in female categories of sports events against cis women in elite sports’.
Because until such time as males who have not experienced male puberty have been proven to not have any advantage over female athletes no male person should be competing against female people. Height is one, because males who have artificially halted or prevented puberty may grow taller than they would have if they went through their natural cycle- happy to provide a study on this.
The sentence then doesn’t exclude those athletes with CAIS (a male person with a specific DSD) at this times. I suspect in future those with CAIS may well be shown to have advantages which is why they are over represented in sports. But for now, they are not the focus and more data is needed here.
If the sex category is used it is precise. Why does anyone then need to use the next level of definition- and include a set of male people into the definition of female people?
It is this sleight of hand that has allowed this ridiculous situation to be written into sports policy to start with. This denial of who is male and who is female. I believe it was the 1996 Olympics they stopped sex testing (a swab in the mouth) and this was to allow males with DSDs to participate. And we ended up with Rio where we had three male athletes on the podium for one race and different males winning other medals that should have been for women.
No need to make things accommodating in regulations and law. There is a need to be clear cut with no ambiguity. And sports is governed by regulations and by legislation as well.
Imagine if the next definition that queer theory worked on was the word and the concept of ‘first’? Is that going to be next?
And spooky, there is a definition that is unambiguous for female in humans too.
A female human is one who has the body formed around the production of large gametes, whether that gamete production has, will in the future, or is currently occurred.
ie. If a person has ovaries, even if those ovaries never worked, or were even formed partially, and there are no testes or ever were any testes even partially formed, they are of the female sex.
If a person cannot accept their own sex, and we are assured that most people with trans identities accept their sex, why would we remove the specificity of using the terms for sex when sex matters?