But in 2019 - the Court of Arbitration in Sport was very clear on sex segregated sports.
"The Panel accepts the IAAF’s submission that reference to a person’s legal sex alone may not always constitute a fair and effective means of making that determination. This is because the reason for the separation between male and female categories in competitive athletics is ultimately founded on biology rather than legal status.
The purpose of having separate categories is to protect a class of individuals who lack certain insuperable performance advantages from having to compete against individuals who possess those insuperable advantages.
In this regard, the fact that a person is recognised in law as a woman and identifies as a woman does not necessarily mean that they lack those insuperable performance advantages associated with certain biological traits that predominate in individuals who are generally (but not always) recognised in law as males and self-identify as males.
It is human biology, not legal status or gender identity, that ultimately determines which individuals possess the physical traits which give rise to that insuperable advantage and which do not.
Accordingly, the purpose of the male-female divide in competitive athletics is not to protect athletes with a female legal sex from having to compete against athletes with a male legal sex. Nor is it to protect athletes with a female gender identity from having to compete against athletes with a male gender identity.
Rather, it is to protect individuals whose bodies have developed in a certain way following puberty from having to compete against individuals who, by virtue of their bodies having developed in a different way following puberty, possess certain physical traits that create such a significant performance advantage that fair competition between the two groups is not possible.
In most cases, the former group comprises individuals with a female legal sex and a female gender identity, while the latter group comprises individuals with a male legal sex and male gender identity. However, this is not true of all cases. Natural human biology does not map perfectly onto legal status and gender identity. The imperfect alignment between nature, law and identity is what gives rise to the conundrum at the heart of this case. "
This relates to DSD's and in my opinion they did not follow this through to the correct conclusion - but the language here is very clear... I wish every journalist, politician, every policy writing member of sporting organisations world wide would read and absorb this.
Here if you want to read the Executive Summary.
<a class="break-all" href="https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=www.saflii.org/images/cassummary.pdf&ved=2ahUKEwjvvOOUy9aGAxWhVKQEHVgDDqoQFnoECBYQAQ&usg=AOvVaw2Y-ZneWo7uLmuatCTxmtlp" rel="nofollow" target="blank">EXECUTIVE SUMMARYSAFLIIwww.saflii.org › images › cassummary
and the full text..
https://www.tas-cas.org/fileadmin/user_upload/CAS_Award-redacted-_Semenya_ASA_IAAF.pdf
Worth reading -
I wish we could find a way to get these words out there and repeated every time this comes up ... "discrimination (on the basis of sex) is a necessary reasonable and proportionate means of achieving the aim of upholding the protected class of female athletes and the integrity of female athletics. "
I would also love to see the words of the World Anti Doping code which uses the words 'athletes fundamental right to fairness and equality" in competition..
I want to see someone ask if this 'fundamental right' to fairness in competition extend to women. and in the words of the Sporting Councils of England, Wales and Scotland, 'categorisation within the sex binary is and remains the most useful and functional division relative to sporting performance and that competitive fairness cannot be reconciled with self-identification into the female category.'
These are all expert opinions based on careful deliberation, review of evidence and are entirely unequivocal...
and yet - our journalists consistently fail to refer to these credible sources... why is that?