Trump order on trans athletes reeks of bias, further alienates community

”Any legislation that is founded in the blatant exclusion of a group of people because of their identity is antithetical to the definition of sportspersonship,” said Reina Taina, an Afro-indigenous, non-binary trans person, mental health advocate artist and podcaster in the US.

Reina was speaking to The Federal about the "unjust and illogical action" taken by US President Donald Trump “keeping men out of women’s sports”. The Trump administration plans to promote this move at the UN and pressure the International Olympic Committee (IOC) to act likewise.

FollowingConsequent to the President’s Executive Order, the National Collegiate Athletic Association (NCAA) issued a “participation policy change for transgender student-athletes”. Although the updated NCAA policy is also discriminatory, it allows transgender student athletes to practise with women’s teams and play on mixed gender sports teams, presently.

One wonders if trans persons in the US would continue playing sports or even training in public, considering the potentially increased threats to their safety and wellness. Incidentally, there are not many sports that encourage mixed gender teams.

Also read: How India can make educational institutions queer- and trans-inclusive

Stark inequalities

As some people know, the lives and careers of talented sportspersons like Caster Semenya (South Africa), Maria Jose Martinez-Patino (Spain) and Indians Dutee Chand, Santhi Soundararajan and Boni Paul were adversely affected as they apparently have differences in sex development (DSD).

Therefore, World Athletics (formerly called IAAF) and other international and national sports bodies conducted gender verification (hyperandrogenism) tests on them and severely restricted their participation.

Caster Semenya and Duttee Chand fought prolonged legal battles against these tests and restrictions, stating that they had no unfair advantage over their competitors. Contrastingly, cisgender (persons whose gender identity matches their gender assigned at birth) sports‘men’, especially if they are white, hardly face such regulations although the physique, hormones and other characteristics of some of them may give them specific advantages over their competitors.

Male advantages

For instance, Olympic and World Champion swimmer Michael Gross (Germany) supposedly had an advantageous physique. He was nicknamed 'the Albatross' for his long, wide-spreading arms (like the wings of the eponymous bird) which would have helped his swimming.

Similarly, Michael Phelps (USA), another multiple international gold medal winning swimmer, possibly had an edge owing to his high calorie intake.

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The achievements of Gross and Phelps were celebrated worldwide. And, excluding the mandatory testing for banned substances, the quantum of hormones or any aspects of their bodies was never questioned or disclosed publicly or were perhaps barely examined.

Body shaming and more

On the other hand, tennis legends Serena and Venus Williams endured body shaming, racism and sexism through their illustrious careers.

The outcomes of research supported by the World Anti-Doping Agency (WADA) show that even student athletes use performance enhancing technologies and substances rampantly. Yet, such athletes are rarely prevented from participating in sports competitions. The WADA anti-doping code prohibits the consumption of only some of these substances.

Sportspersons are suspended or banned from competitive sport only if their consumption of prohibited substances exceeds specific quantities. Additionally, such consumption must be proved through repeated testing and irrefutable evidence.

Watch | Trump's male-female-only order can have global ripple effects: Queer rights activist

Impact on trans community

“Removing transgender individuals from athletic participation can have far-reaching and devastating effects on the transgender community," remarked Mandy, a Ugandan transgender activist. "For many transgender individuals, sports are vital to their identity and a source of community and belonging. Being barred from participating in sports can lead to feelings of isolation, rejection and marginalisation."

Mandy is currently the voluntary Safe House manager and administrative officer with an organisation prioritising the issues of LGBTQI+ refugees, asylum seekers and migrants in South Africa.

Transgender individuals already face high rates of anxiety, depression, and suicidal ideation due to societal stigma and discrimination. Denying them the opportunity to participate in sports can exacerbate these issues, cause mental health deterioration and negatively affect their physical health and overall wellbeing,” Mandy added.

Also read: Chennai's first-ever queer photo exhibition opens featuring candid, intimate portraits

Contradiction of human rights

Excluding transgender individuals from sports contradicts fundamental human rights principles, including the rights to non-discrimination, equality and participation in sports and physical activity, according to Mandy.

Furthermore, the US barring trans athletes impacts intersex persons badly. Neesh, an Indian transgender and intersex lawyer and columnist working abroad currently, asked: “Can one expect the far right Trump regime to be logical and just? It is about taking funding away from transgender and intersex rights and, thereby, abusing human rights.

"It's about losing access and with that, control. Once that happens, intersex people become more invisible. From an equity perspective it's all in bad faith. We must ensure this never happens domestically in India.”

Discriminatory order

Considering published study reports, Taina, the podcaster mentioned earlier, highlighted that many cisgender male athletes regularly use substances and techniques to better their performance even if that is unethical, thus exposing the inherent hypocrisy.

“When they ban ‘transness’ they have to ban any and all forms of ‘cosmetics’ as they like to call them,” she opines.

Also read | Queer Bagh: A home away from home in Gujarat for LGBTQA people

Obviously, this discriminatory order deliberately ignores other vital and pertinent factors.

Dr Christianez Ratna Kiruba, a pansexual (having attraction to a person whatever their SOGIESC) internal medicine doctor and health writer in India observed: “Sport has immense inequality already. Elite sportspersons from first world countries have privileges beyond their biology – they can access diverse training equipment, nutritional supplements and amenities we may not hear about. But, privileged athletes compete with athletes from countries that cannot afford to train them.”

Severe societal resistance

To participate in sports, marginalised persons encounter severe societal resistance and probably umpteen financial challenges. Ratna said Imane Khelif, the Algerian boxer who hit the headlines during the 2024 Paris Olympics, had to fight her extremely conservative family to play – had she been a cis man, she would have probably been encouraged.

Also read: Beyond binaries: Why healthcare professionals need intersex sensitivity

Trans persons are excluded and experience violence nearly everywhere, starting with their biological/natal families. These are among their unquantifiable but definite barriers. Some of them still playing sports, often risking terrible backlash, negative stereotyping and amplified hate, is commendable. This also nullifies any biological advantage that trans persons are presumed to have.

“So, why would a cis man pretend to be trans to participate in women's sports when they may be attacked and shamed?" asked Ratna.

"To prevent sportspersons from having unfair advantages over their competitors, maybe we should prevent privileged persons from participating in competitive sports.”