I’ll begin this post with my introduction to the same issue last November:
I’ve always been a fan of and a member of the Freedom from Religion Foundation (FFRF). I am on their Honorary Board of Directors, and in 2011 received their “Emperor Has No Clothes Award”, which as they say is “reserved for public figures who take on the fabled role of the little child in the Hans Christian Andersen fairy tale and ‘tell it like it is’—about religion.” I’ve was very honored with their recognition, and humbled to be added to the many people I admire who have also gotten the gold statue of the naked emperor—a statue made by the same company that makes the Oscars.
Lately, however, the FFRF has crept out of its bailiwick of enforcing separation of church from state, and is, like the ACLU and the SPLC, engaged in matters of social justice. Well, that’s their call, and I wouldn’t beef about it unless I thought they’ve undertaken campaigns that are unwise.
Well, the FFRF has, and has gone to ground on the same issue where the ACLU went astray: transgender issues in sports. I hasten to add again that I think that with almost no exceptions, transgender people should have all the rights, privileges, and moral status as cisgender folks. I’m happy to call them by their chosen sex, treat them as members of their chosen sex, and use their chosen pronouns.
The few exceptions, which I’ve written about in detail, include sports participation (particularly trans women competing against biological women), rape counseling, and inhabiting sex-segregated prisons. There are good reasons for these exceptions, and the reasons all involve fairness to biological women—fairness that can be abrogated by considering transsexual women as fully equivalent to biological women.
The occasion for that long post was the FFRF’s signing an amicus brief supporting a challenge to an Indiana law that prohibited trans women from competing against biological women in sports. The law prohibited trans women in all grades from K-12 (roughly up to age 18) from this participation. The suit involved a ten-year-old trans girl who sought to compete on a girls team, which isn’t in itself nearly as unfair as a trans woman who’s gone through male puberty doing the same thing (see below). But the FFRF sought to overturn the entire law, which would allow biological men, self identified as women, to compete against biological women even if the trans women had undergone no medical treatment, including puberty blockers, hormones, or surgery.
As I’ve written many times before, and won’t reprise here in detail (see data cited in this post and the addendum below), there’s plenty of evidence that trans women who have gone through puberty have significant athletic advantages over biological women—advantages in musculature, grip strength, body size, bone density, and so on—and these advantages don’t disappear even after several years of hormone treatment. That’s why the Olympics has bailed on its previous hormone-titer criterion for competing in women’s events, and why the International Athletics Council (IAC), which regulates participation in international track and field events, recently barred all transgender women from competing in elite events. In the latter case, the IAC explicitly prioritized “fairness and the integrity” of female competition over “inclusion”. To my mind, that’s the right decision, and will remain the right decision until we find ways to level the playing field for transgender women who want to compete athletically against biological women. (Transgender men are rarely an issue in these decisions since they have an athletic disadvantage against biological men.)
At the time, I didn’t write to the FFRF, but let them know of my objections to the sports issue (not the issue of transgender rights in general) on my blog post. Apparently a lot of FFRF members objected, too, and I got emails from some of them. Some members even resigned from the organization and removed any bequests to the FFRF.
I have stayed on as an honorary director, even after the FFRF dug in its heels on the issue by claiming that trans rights, including the ‘right’ of transgender women to compete in sports against biological women, was a church/state issue. Why a First Amendment issue? Because many religious Christian nationalist groups, says the FFRF, fight against trans rights, and so all trans rights thereby become church/state issues: the bailiwick of the FFRF. You can see how many issues suddenly become church/state issues because right-wing Christians take different stands on them than do secularists or leftists.
I believe the pushback against the FFRF’s stand from some members led the organization to get Patrick Elliott, the FFRF’s senior litigation council, to write the following article that appeared in both the paper and online issues of the organization’s newsletter, Freethought Today. Click to read:
Elliott’s article mentions sports several times, and yes, he’s right: some 0n the religious right are indeed using sports to attack trans rights in general. As he wrote:
We are familiar with this playbook. The Religious Right finds issues to push their religious agenda, but it doesn’t come out and say “religion!” We see this with issues such as abortion, gay marriage and, now, bans of LGBTQ books. Religion-minded groups and lawmakers are fighting a religious fight but they have wised up and are not pointing to the bible as the source of their concern. Instead, they feign concern for competitiveness in girls sports (why have they never cared before?) and the “appropriateness” of school library materials.
But there are plenty of people NOT on the religious right—liberals like me and other members of the FFRF—who firmly believe that trans people should be accorded almost every right enjoyed by non-trans people, but with a few exceptions, including the “right” to compete in athletics against biological women, the “right” to be rape counselors for biological women, and the “right” to be put in a women’s prison if you identify as a woman. Several colleagues and I (all liberals) wrote to the FFRF laying out our objections, and received a polite letter back from co-Presidents Dan Barker and Annie Laurie Gaylor, basically telling us, “Thanks for the advice, but this is a church/state issue, we’re sticking to our guns, and the sports thing isn’t that big a deal anyway.”
So it goes. But I guess the FFRF is still receiving complaints from members about this one issue, as it’s just put up another piece at Freethought Now—this time by Kat Grant, an Equal Justice Works Fellow at the FFRF. It’s pretty similar to Elliott’s piece above, defending the “right” of secondary-school trans women to compete in athletics against biological issues. After all, it’s a church-state issue!
Click to read:
Again, I have no complaint about most of what Kat Grant says, but there’s one bit about sports that the FFRF is still pushing (emphasis below is mine):
Sexual assault and domestic violence advocates have debunked the “bathroom predator myth” for years, noting that transgender people are more likely to be victims of violent assaults in public bathrooms, rather than perpetrators. Similarly, claims that transgender people are a danger to girls’ and women’s sports are unfounded. Many state school athletic associations have had policies allowing transgender children to play on teams that align with their gender identity for years before they started making headlines, and the Olympics have had trans-inclusive policies since 2004. Yet in competitions where transgender girls and cisgender girls compete together, there is no consistent history of transgender athletes dominating, because there is no consistent correlation between testosterone levels and athletic performance.
The bit in bold is deeply misleading, and in fact mostly wrong. Yes, there were no rules a while back because there were very few trans women seeking to compete athletically against biological women. That number has now grown strongly, and, contrary to Grant, there is a consistent history of “transgender athletes dominating” when they, as trans women, compete against biological women. It’s almost humorous that Grant distorts the data this way.
The claim that there is no “consistent correlation”between testosterone levels and athletic performance” may be true if you look only within biological women, but if you compare men or trans women with biological women, there certainly is a correlation across the groups! That is in fact exactly why the Olympics used to use testosterone levels as a criterion for participation in women’s events: there was an upper limit. (As I said, in the face of the data that even setting an upper testosterone level doesn’t “level the playing field”, the Olympics has thrown up its hands and bailed on the whole issue, saying that each sport has to make its own criteria.) And so Grant is also wrong in her claim about the Olympics.
The whole paragraph is misleading, and somebody at the FFRF should be fact-checking this.
The upshot? Well, we’re seeing mission creep in the FFRF, which used to attack more blatant church-state issues like praying in schools or legislatures. (By the way, why isn’t the FFRF making gun control a huge issue given that, like attacks on trans rights, it’s largely the religious who oppose gun control?)
And although trans rights are indeed attacked by Christian nationalists, the sports, rape, and jail issues for trans women are of concern to nonreligious people like me and many others, including J.K. Rowling (you might have heard the podcast about her on the Free Press). And if the FFRF is resolute in taking on trans rights, they should stop going down the Chase Strangio road of claiming that any biological male who merely claims to identify as a women, regardless of hormone treatment or surgery, should be recognized as a woman and enjoy all the rights of biological women.
I’ll finish by saying something that I think most rational people would agree with, but apparently not the FFRF:
It is unfair, and should not be legal, for a biological male who identifies as a woman—and has had no surgery or hormone treatment—to compete in track and field events against biological women.
Agreed, right? If so, you’re opposed to the views of the FFRF.
What mystifies me about all this is that the FFRF has always had a strong feminist slant, beginning with its founder Anne Nicol Gaylor and continuing through today. Many of their stands help defend the rights of women, which is great. But it seems that in this case they’re throwing biological women under the bus to defend the “rights” of biological men to compete in women’s athletics—when those men, deemed “trans women” have a palpable advantage in size, strength, and athletic ability.
In other words, the FFRF is prioritizing a declared trans “right” over the rights of women. And that is wrong. This is another example of MacPherson’s Rule, named after reader Diana, which states that “whenever two claimed rights clash, and one of the rights is women’s rights, that is the one that always loses.”
I’ve always been a strong supporter of the FFRF: it’s my very favorite secularist/humanist organization. But this time they’ve gone too far, and have refused to take what most of us would see as a reasonable stand on this issue. I will share this post with them, but I have little hope that they will modify their stand on trans rights so that they don’t trample on women’s rights.
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UPDATE: Here’s a relatively new paper showing that, on average, even when you compare men and women with equal muscle size, the men are generally stronger and perform better in weightlifting.