The International Olympic Committee (IOC) recently reversed its 2021 framework regarding transgender and intersex athlete participation, enacting a policy that will take effect at the 2028 Los Angeles Games. This new policy is widely seen as a ban on both transgender women and a significant number of intersex women.

Policy Details and Genetic Testing

The policy centers around testing for the SRY gene, often used as “highly accurate evidence that an athlete has experienced male sex development.” This will be conducted via cheek swab or blood work. However, scientists note that the presence of XY chromosomes doesn’t automatically equate to the development of testes, highlighting the complexity of biological sex.

Impact on Intersex Athletes

Critics argue the policy disproportionately impacts intersex individuals. “Because of the way that anti-trans legislation and policies are drawn up these days, 99.9 percent of it is going to impact intersex people,” stated Amelia, an intersex track and field athlete at the NCAA Division I level. She further explained that intersex individuals are often treated as “collateral damage” in debates surrounding transgender inclusion.

A History of Exclusion

Since 2004, only one transgender woman has competed in the Olympics. The new policy threatens the Olympic aspirations of numerous intersex women who were previously eligible. Many intersex individuals are unaware of their status until subjected to invasive genetic testing, leading to public outing and potential exclusion from their sport.

Concerns About Fairness and Privacy

Research, including that examined in the book “You Throw Like a Girl,” does not support claims that intersex women possess a competitive advantage. Critics argue sex testing is not about fairness but about denying marginalized groups access to sports and violating medical privacy. Athletes like Caster Semenya have faced intense scrutiny and even had their private medical records leaked.

IOC Response and Broader Implications

The IOC maintains its policy “does not apply to any grassroots or recreational sports programmes.” However, experts believe national and local policymakers often follow the lead of organizations like the IOC. This could lead to increased screening of young athletes in recreational leagues.

Calls for Inclusion

Amelia advocates for inclusion, stating, “I would like to see inclusion, first and foremost. I think any blanket ban is really simplifying the complex processes of sex and gender.” She emphasizes the need for evidence-based regulations, rather than responses to political pressure. The policy is expected to be challenged, but the damage to affected athletes is already significant, and the Olympic stage will be diminished by their absence.