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Locker Room Legislation 101:
​Why trans women never hurt you 
Lucas Allen, April 2024​

On March 17th, 2022, Lia Thomas and Riley Gaines tied for 5th place in the NCAA Women's Swimming and Diving Championships. Despite Thomas having trained for the event for nearly 3 years at that time, her strife when she finally climbed out of the water had nothing to do with her placement, skill, or natural ability. Instead, the series of events following the Championships proved to be catastrophic based on her gender, and her gender only. Her fellow competitor for fifth place, Gaines, was all but happy to have competed against Thomas, who was eligible to compete as a transgender, male-to-female athlete. In less than a month, Riley Gaines became the catalyst for a vicious anti-trans smear campaign immediately following the event in April of 2022. Arguing, merely that Thomas statistically had the hormonal and biological advantage, citing that science had to be on her side, according to her, women, of course, were inherently weaker than men. Despite the fact that both Thomas and Gaines lost to four other women, with Gaines’ help, the story and its pushback against transgender athletes catapulted into mainstream news, politics, and eventually legislation. By the time June of that year came around, the International Swimming Federation (FINA) banned transgender women from competing in women’s elite swimming events unless they transitioned before age 12. This, however, was only the first step; within no time, Gaines began to testify before Congress, demanding they adopt stricter rules, not only for these athletes, but rather for transgender people’s lives as a whole. 
The assertion immediately shifted from the fairness of sports to their roles in society, with the movement instead questioning the ways in which transgender women threatened the livelihoods of the illustrated, docile, and frightened cisgender woman. For Riley Gaines, her defeat sparked a blossoming career based on fear-mongering, hypotheticals, and lies, garnering support from as small as town legislators to President Trump himself. For Lia Thomas, however, the award titles she had held for years are under threat of being overturned by FINA as of this writing. Her dream of leaving swimming behind her and attending law school is crushed beneath, ironically, the slew of lawsuits following her to this very day by three former UPenn swimmers after seeing Gaines’s success. These lawsuits seek to both invalidate and eradicate all records set by Thomas, alleging that they’ve received emotional trauma simply from competing against her. 

It is immediately apparent to those educated on the lackluster validity of Gaines' argument on “fairness” that the true intent extends far beyond sports, but is the perfect gateway to delve into the civil rights of transgender people as a whole. Factually, transgender people make up 6% of America’s population, and those who dare compete in sports make up a number so minuscule that it's practically imperceptible, because according to the National Collegiate Athletic Association (NCAA), there are fewer than ten. These individuals, in juxtaposition to the more than 500,000 cisgender athletes the NCAA oversees, are not dominating sports, and not just anybody qualifies. Rather, in the case of the transgender athlete, due to the abnormality of the situation, it is a deeply individualized one, dependent on both the sport and the athlete themselves. 
Indeed, before this issue garnered a mainstream audience to scare, transgender women were not winning titles. Fewer than 2% of all American athletes ever manage to obtain a professional career out of their sport anyway, but for the very few medals that trans people have earned since 1977, the vast majority have been transgender men, who face no legal restriction due to the lack of their perceived “biological advantage”. It has been 48 years since the very first openly transgender athlete, Renée Richards, picked up her tennis racket at the Women’s 1976 US Open after testifying before the United States Tennis Association (USTA) for her right to play as a transgender woman. The decision didn’t happen without constant consideration of the coveted advantages a biological male has over a female, so considering this, the NCAA, who oversaw the rare appearance of trans athletes in a range of sports came to some conclusions; Firstly, a trans woman must demonstrate that her testosterone levels have been below a certain threshold (typically 10 nmol/L) for at least 12 months before competition, secondly, it is required that athletes declare their gender identity as female to compete in women’s sports, and thirdly, transgender women must undergo estrogen therapy as part of gender-affirming hormone treatment to align their physical characteristics with their gender identity. Estrogen administration, often combined with antiandrogens (testosterone blockers), aims to suppress testosterone levels and induce feminizing effects, including breast development, redistribution of body fat, and decreased muscle mass. Through all of these practices, and according to the numerous studies conducted by the U.S. The performance gaps between transgender women and cisgender women have been severely narrowed, with nearly all athletic characteristics being on equal caliber. 
Juxtaposed to the controversy, slander, and laundry list of legislation such athletes face in the states, many transgender women competing overseas are significantly less stifled. Prior to the International ban sparked by Riley Gaines, many countries emphasized a balance between inclusivity and competitive fairness. Spain, France, and Canada are only three examples of the handful of countries that foster progressive, mindful discussions with truly positive results. Discussions land upon innovative ideas like Fénix FC, an all-transgender men's soccer team, which debuted in Spain's fifth regional division in Catalonia. The team, formed entirely by trans men, joined a local club in Sant Feliu de Llobregat, overcoming all societal prejudices to compete in the league. Or take Andrew Parsons, President of the International Paralympic Committee (IPC), who emphasized that each sport should independently determine its policies regarding transgender athletes, guided by scientific evidence and inclusive principles. Notably, his decision fostered the environment for Valentina Petrillo to become the first openly transgender Paralympian, competing in Paris. These countries have stood firm on their guidelines for athletes, with all three acknowledging the international law while fostering an enjoyable, competitive environment that abides by practices suitable to both the majority and individual athletes. 

We, the United States, have not arrived at that peace of mind. Indeed, we would rather drown ourselves in senselessness, overturning the fifty-year consensus on transgender women in sports, rather than our homelessness crisis, 37,660 people being ripped away from their homes and deported, or our prevalent inability to find stable jobs or buy groceries. By now, perhaps it has become obvious that this issue was manufactured for a reason. Many people had no concern for transgender athletes or women’s sports as a whole until the topic was politicized. 
The way the Trump administration clutched onto a fictionalized reality of transgender people’s real role in sports proved to be one of his most popular campaign targets. Considering the very first day of his presidency, he signed Executive Order 14201, titled "Keeping Men Out of Women's Sports." This order seeks to prohibit transgender women from participating in girls' and women's sports teams at all educational institutions and all levels (elementary, secondary, and post-secondary); those that allow transgender girls to compete on girls' teams risk losing federal funding, citing violations of Title IX. In his very inauguration speech, he declared, "it will be the official policy of the United States government that there are only two genders, male and female, he then reinstated his ban on transgender individuals serving in the U.S. military, and proposed rules allowing healthcare providers to refuse services based on religious or moral objections, limiting care for transgender patients at a national level. What, pray tell, does healthcare, or serving in the military, have to do with fairness in sports? 


The answer is that it doesn’t, in any capacity. The fear that he and other politicians hoped to instill began with transgender women’s participation in sports. If we fictionalize a world in which they are dominating cisgender women, as a newfound opposition to society, we can then start to examine their place in America as a whole. All of a sudden, discomfort or discussions over fairness catapult into the lap of politicians to distract their citizens with a shared enemy. Why bother with thinking about your grandmother’s Medicare, or how you’ll ever be able to afford a home? You should,  instead, only accept the narrative that is slowly spoon fed to you: It begins with sports, but then you notice that your bathrooms are being compromised by perverted men seeking nothing but to harm you, their mere existence uses your tax money, not for roads, but for their healthcare, and you as a concerned citizen are forced to be swayed along into such delusion unless you listen to us, your executives, legislators, and congressmen. The popularity of these ideals manifested in legislation, with 1059 being introduced and considered between 2023 and 2024, according to the American Civil Liberties Union (ACLU). Over 130 specifically addressed healthcare-related issues for an estimated 2,040,665 people they have been taught to hate, rather than 340,110,988 other healthcare beneficiaries.
Unbeknownst to the naysayer, bathroom bans, gender “checks,” and anti-trans legislation at its hardest will always harm cisgender women more than transgender women. After all, how do you genuinely know an individual is transgender, anyway? Many people to the right of this argument pride themselves on being able to “tell”, right away, from simple characteristics like body structure, face shape, or quantity of body hair, but none of those characteristics are exclusive to women in any way, shape, or form. What happens when you see something that isn’t truly there? Take the story of Iman Khelif,  an Algerian gold medal finalist in the women's 66 kg boxing event. Her victory was overshadowed by unfounded rumors regarding her gender, stemming from her previous disqualification at the 2023 Women's World Boxing Championships due to alleged “gender eligibility issues”. At the time, multiple culturally relevant figureheads perpetuated the rumors about her sex to a widespread audience of people, including Donald Trump, Elon Musk, and, of course, Riley Gaines. With numerous death threats, cyber-attacks, and slander, Khelif was deeply distressed over these allegations, emphasizing the senseless harm caused to her and her family before the International Olympic Committee (IOC) reaffirmed her eligibility, criticizing the prior disqualification as arbitrary. 

Harping on the single, fixed definition of a woman, societally, will lead us in circles every single time. Iman Khelif did not bend herself into American society’s tight box on what a woman should look, act, or compete like. She was strong, confident, and easily victorious against her competitor. These attributes proved to be so masculine to the American stage that hundreds of thousands of people demanded for days on end that her genitals be inspected like those of an animal. Her biological advantage is the sheer virtue of being born an athlete, being born with the genetics to compete, and playing by the rules as they’re stated, but it will never be enough. Human abnormalities, people simply born to be legends like Michael Phelps, Oscar Pistorius, and Ryadh Sallem, must be men first before they are celebrated. 
The demonization of transgender women is identical to the demonization of gay men years before it, and several pieces of legislation are identical to American law before the Civil Rights Act of 1964. This repeating cycle has not only deflected engaging with the vastly more important policies American politicians fooled the people into overlooking again, but has single-handedly held a mirror to the face of the many women like Khelif, who aren’t perfectly shaven, petite, or small boned. It regurgitates a cycle of harm and misogyny that is only defeated by the righteousness of truth and honest discourse. Riley Gaines is not an activist; the destruction she has left in her wake has not provided a warm blanket to women, and it has not put their struggles at the forefront. Riley Gaines, for all purposes, is and was a sore loser. She, like the president she imitates, has more to gain from watching the wars between the citizens she instigates. Without empathy, understanding, and trailblazing athletes that put themselves through hell for sports to be exciting, not only for them, but their inevitable predecessors, our world trickles down into a repetitive cycle, where the woman inciting that we must live in a world without Lias and Réenes, is now being asked for a gender inspection at soccer practice. 

Lucas Allen

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    • Op-Eds >
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      • Locker Room Legislation 101: Why trans women never hurt you.
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      • Everything I hate about AI
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