Sex verification in sports


Sex verification in sports occurs because eligibility of athletes to compete is restricted whenever sporting events are limited to a single sex, which is generally the case, as well as when events are limited to mixed-sex teams of defined composition. Practice has varied tremendously over time, across borders and by competitive level. Issues have arisen multiple times in the Olympic games and other high-profile sporting competitions, for example allegations that certain male athletes attempted to compete as women or that certain female athletes had intersex conditions that gave unfair advantage.
The first mandatory sex test issued by the International Association of Athletics Federations, the world's track and field governing body, for woman athletes was in July 1950 in the month before the European Championships in Belgium. All athletes were tested in their own countries. Sex testing at the actual games began with the 1966 European Athletics Championships’ response to suspicion that several of the best women athletes from the Soviet Union and Eastern Europe were actually men. At the Olympics, testing was introduced in 1968. In some cases, these policies have led to athletes undergoing unnecessary surgery such as female genital mutilation and sterilization. Subsequent reports have shown that the tests could cause psychological harm. Sex verification—identifying athletes whose hormone levels are abnormal compared to others of their purported sex — can cause sex identity crises, elicit demeaning reactions, isolate athletes socially, and lead to depression and sometimes suicide.

History

Initially, sex verification took the form of physical examinations. It subsequently evolved into chromosome testing, later testosterone level testing. It is not always simply checking whether a person's sex chromosome pair is XX vs. XY, or comparing their levels of key sex hormones to distinct reference ranges, to determine an athlete's sex. Variations in pairings of inherited chromosome, other genetic aspects, and pre- and postnatal physical development at subcellular to organ levels mean some people are not unambiguously female or male. Fetuses start out as undifferentiated, then the SRY gene turns on a variety of hormones that differentiate by the time of birth the newborn as a male baby. But sometimes this differentiation does not occur while other times the SRY gene is located on a different chromosome: People with two X chromosomes can develop hormonally or phenotypically as a male; and people with an X and a Y can develop hormonally or phenotypically as a female. Testosterone testing is not a valid form of testing because they can have certain levels and still be a different sex. Males can have low levels of testosterone and still be males. Females can have high levels of testosterone and still be female, not making any difference to their identified sex.

Physical examinations

president Avery Brundage requested, during or shortly after the 1936 Summer Olympics in Berlin, that a system be established to examine female athletes. According to a Time magazine article about hermaphrodites, Brundage felt the need to clarify "sex ambiguities" after observing the performance of Czechoslovak runner and jumper Zdeňka Koubková and English shotputter and javelin thrower Mary Edith Louise Weston. Both individuals later had gender reassignment surgery and legally changed their names, to Zdeněk Koubek and Mark Weston, respectively.
Sex verification tests began in 1950 with the International Association of Athletics Federations, using physical examinations. "Sex segregation and verification are mutually interdependent because, if there were no claims or basis for having separate male and female sporting events, there would be no need for sex verification testing." The Dutch athlete Foekje Dillema was banned for life in July 1950. The International Olympic Committee followed suit in 1968. Initially, women athletes "were asked to parade nude before a panel of doctors". For a period of time these tests were mandatory for female athletes, due to fears that male athletes would pose as female athletes and have an unfair advantage over their competitors. Throughout the years of physical examinations of looking at Females bodies and seeing if everything was in the right place they then went to chromosome testing and realized both were very inaccurate tests and could not prove much. After critics convinced officials that genetic testing was scientifically and ethically flawed for this purpose, the IOC replaced the policy in 1999 with a system allowing for medical evaluations of an athlete’s sex only in cases of “reasonable suspicion,” but this system also created injustice for athletes and stoked international controversies.

Chromosome testing

Chromosome testing was introduced by the International Olympic Committee during the 1968 Summer Olympics. This tested for the Y-chromosome, and was designed to identify males potentially disguised as females. This method of testing was later abolished, as it was shown to be inconclusive in identifying maleness.
The International Association of Athletics Federations ceased sex screening for all athletes in 1992, but retained the option of assessing the sex of a participant should suspicions arise. A resolution was passed at the 1996 International Olympic Committee World Conference on Women and Health "to discontinue the current process of gender verification during the Olympic Games". The International Olympic Committee's board voted to discontinue the practice in June 1999. Chromosome testing was last performed at the Atlanta Olympic Games in 1996.

Hormone testing

In August 2009, South African athlete Caster Semenya was subjected to mandatory sex verification testing at the request of the IAAF. In the wake of the Semenya case, testosterone testing was introduced to identify cases where testosterone levels were elevated above a particular level, termed hyperandrogenism, with national Olympics committees tasked by the IOC to "actively investigate any perceived deviation in sex characteristics".
In football, FIFA's current gender verification policy dates to 30 May 2011. In June 2012, in advance of the 2012 Summer Olympics, the IOC released IOC Regulations on Female Hyperandrogenism to address these cases. It includes the statement, "Nothing in these Regulations is intended to make any determination of sex. Instead, these Regulations are designed to identify circumstances in which a particular athlete will not be eligible to participate in 2012 Olympic Games Competitions in the female category. In the event that the athlete has been declared ineligible to compete in the female category, the athlete may be eligible to compete as a male athlete, if the athlete qualifies for the male event of the sport."
As with previous forms of sex testing, testosterone testing has been regarded as humiliating, unnecessary and discriminatory. Katrina Karkazis, Rebecca Jordan-Young, Georgiann Davis and Silvia Camporesi argued that the new IAAF policies on hyperandrogenism in female athletes will not protect against breaches of privacy, will require athletes to undergo unnecessary treatment in order to compete, and will intensify "gender policing". In fact, high-performing female athletes show a rate of Complete Androgen Insensitivity Syndrome much higher than the general population—which shows 1 in 20,000–50,000, compared with elite athletes’ 1 in 429. They recommend that athletes be able to compete in accordance with their legal gender.
In 2013, it was reported by Patrick Fénichel, Stéphane Bermon and others that four elite female athletes from developing countries were subjected to partial clitoridectomies and gonadectomies after testosterone testing revealed their previously unknown intersex conditions. Members of the same clinical hormone evaluation team report there is no evidence that innate hyperandrogenism in elite women athletes confers an advantage in sport. Raised levels of testosterone have not been shown to give an unfair advantage to the athlete. Scholars question whether any advantage should be considered “unfair” if it occurs naturally and outside the control of the athlete. For example, elite athletes have greater aerobic capacity and endurance in comparison to the general population. Furthermore, these cases have elicited criticism of the elite sporting system by showing clear vulnerability of women athletes to unnecessary medical interventions under duress, applied even though there was no evidence of cheating and no evidence of athletic advantage.
Policies on hyperandrogenism were suspended following the case of Dutee Chand v. Athletics Federation of India & The International Association of Athletics Federations, in the Court of Arbitration for Sport, decided in July 2015. Chand had been dropped from the 2014 Commonwealth Games at the last minute after the Athletic Federation of India stated that hyperandrogenism made her ineligible to compete as a female athlete. The ruling found that there was insufficient evidence that testosterone increased female athletic performance. In doing so the court immediately suspended the practice of hyperandrogenism regulation used by the IAAF and declared it void unless the organization could present better evidence by July 2017.
In November 2015, the IOC held a meeting to address both its hyperandrogenism and transgender policies. In regards to hyperadrogenism in female athletes, the IOC encouraged reinstatement of the IAAF policies suspended by the Court of Arbitration for Sport. It also repeated an earlier policy statement that, to "avoid discrimination, if not eligible for female competition the athlete should be eligible to compete in male competition". In February 2016, it was made known that the IOC would not introduce its own policies that would impose a maximum testosterone level for the 2016 Summer Olympics. On November 1 of 2018 the IAAF adopted new criteria regarding "Differences of Sexual Development" for female athletes competing in the following races: 400 m, 800 m, 1 mile, hurdles, and events that include a combination of these distances. Athletes with testosterone levels equalling or exceeding 5 nmol/L or who are "androgen sensitive" and want to participate in above-mentioned events at the global level must legally be female or intersex, must get their testosterone levels below 5nmol/L for six consecutive months and must ensure their levels stay below this level. This new regulation replaced all previous rules implemented regarding women with Hyperandrogenism.
In April 2016, the United Nations Special Rapporteur on health, Dainius Pūras, criticized current and historic sex verification policies, describing how "a number of athletes have undergone gonadectomy and partial cliteroidectomy in the absence of symptoms or health issues warranting those procedures".
The cases of Dutee Chand and Caster Semenya were widely reported during the 2016 Rio Olympics. Immediately preceding the games, Genel, Simpson and de la Chapelle were again published in Journal of the American Medical Association stating:

Sex verification of men

Sex verification is not conducted on athletes competing in the male category, and little data are available on their chromosomes or hormone profiles. However, a post-competition study of 693 elite athletes by Healy et al., published in 2014, found significant differences along many variables. The authors found that:
Using these data, Scientific American estimated that "almost 2 percent" of male competitors had testosterone levels in the typical female range. The study authors also stated that average lean body mass differences might account for performance differences between sexes. Concern over men competing as women to gain an unfair advantage in sport competition is what drives sex verification.

20th century

In November 2015, the IOC held a meeting to address both its transgender and hyperandrogenism policies. In regard to transgender athletes it stated that transgender athletes cannot be excluded from an opportunity to participate in sporting competition. Transgender athletes who identified themselves as female would be allowed to compete in that category as long as their testosterone levels were below 10 nanomoles per litre for at least 12 months prior to the competition. There would be no restrictions on transgender athletes who identify and compete as male. "Transgender people can be defined as those whose gender identity-an innate sense of whether one is male, female, or somewhere in between-differs from their assigned sex at birth." Professional track runner Stella Walsh won the olympic gold in medal in the women's 100 meter dash in as early as 1932. Many women weren't openly competing as transgender during this time but they tended to keep a low profile to cause such controversy or be seen as a threat. The start of the 21st century showed a great amount of transgender athletes now competing at all levels which include Highschool, college, and even professional sports.

Chromosome testing

Non-white female athletes are disproportionately targeted for sex verification testing because they are judged against a white standard, so clear discrepancies will often be found. The practice of chromosome testing came under scrutiny from those who feel that the testing was humiliating, socially insensitive, and neither accurate nor effective. The testing is especially difficult for people who could be considered intersex. Genetic differences can allow a person to have a male genetic make-up and female anatomy or body chemistry. In the Journal of the American Medical Association, Simpson, Ljungqvist and others stated,

Hormone testing

Women with higher levels of androgen are often considered to have a competitive advantage over other women since women statistically have lower levels than men. This difference in androgen levels is the reason many sports requiring athletes compete only among their own sex. However, others argue that expecting women athletes with naturally higher levels of testosterone to lower these levels by medical/pharmaceutical methods completely contradicts the purpose of doping regulations, which require athletes not take any substances that their bodies do not generate naturally.
In January 2010 in Miami, instead of succeeding in improving the policies specifying whether an athlete should participate as a woman or a male, medical professionals experienced ambiguity in regards to these policies. Alice Dreger states it is risky to publicly reveal that an athlete is no longer allowed to compete as a woman without first informing the athlete. For example, Caster Semenya found out through public media that the tests she had taken were meant to determine whether she is female or male. Another athlete, Santhi Soundarjan, tried to commit suicide subsequent to failing the test for determining her gender and being stripped of her 2016 Asian Games medal.
A scholar questions whether men with androgen levels similar to those of women will be permitted to participate in the women's category or instead be granted the opportunity to increase their androgen levels to those of other males. This is the logical and fair result how policies using functional testosterone to decide eligibility to compete as a female or a male work for women. Males with Klinefelter Syndrome/XXY chromosomes are in this position but nonetheless usually cannot compete while utilizing testosterone because of their medical situation. In the Semenya case the fact that they found high testosterone levels and were going back and forth on her gender verification affected her mental health. By contradicting her sex they were violating laws by international and national genetic privacy laws. Gender verification impacts numerous dimensions of athletes' lives, including unfair disqualification in sporting events, identity crisis and confusion, social isolation, depression, and suicide.

Transgender athletes

Transgender athletes who wish to compete in the female category are allowed to do so if their testosterone levels are in accordance with the required levels. However, the IOC stated that requiring surgical anatomical changes as a requirement for participation may be considered a violation of human rights. Athletics may for some transgender people engage them within greater society in affirming ways. However, others opposed the participation of transgender athletes on women's teams state that the argument is unsound. Athletes who have faced opposition include Mianne Bagger, Martine Delaney and Lana Lawless.