The Freedom From Religion Foundation supports the “right” of transgender women to compete in women’s sports, claiming that it’s a church/state issue

April 2, 2023 • 11:15 am

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.


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.

Nation article attacks bans on trans women competing in sports against biological women

March 9, 2023 • 9:30 am

This is one of the most despicable, deplorable, duplicitous, devious and deceptive articles I’ve seen in a long time from any magazine of The Nation‘s reputation.  It’s by Dave Zirin, the sports editor at the magazine, who just proved that he’s not qualified to be the ethics editor at The Nation. 

Ciick below to read it, or find it archived for free here.

The jumping-off point for Zirin’s screed is a new law proposed in Congress:

The GOP is pushing forward a federal ban on trans people playing sports. On Wednesday, we will have the first hearings on the nauseatingly misnamed Protection of Women and Girls in Sports ActGreg Steube, an election denier from Florida, introduced the bill, HR 734, in February. It seeks to amend Title IX—the 1972 federal civil rights law prohibiting sex-based discrimination—to define sex as that which is “based solely on a person’s reproductive biology and genetics at birth.”

Before we start, I am not in favor of this bill as it’s written. But I’m in favor of much of it pending further research.

I’ve discussed in detail the reason many of us want to take a hard look at the issue of trans women competing in sports against biological women. It’s because trans women, particularly those who transition from biological men to transgender women during or after puberty, retain considerable athletic advantages over biological women—advantages in bone density, body size, muscle mass, upper body strength, grip strength, and other traits. This differential may be lessened by treatment of trans women with testosterone-reducing drugs, but data shows it’s never completely eliminated (go here for my many posts on this issue).

Thus trans women have, on average, an inherent athletic advantage over biological women, an advantage shown by the many trans women athletes who were mediocre competitors on men’s teams but, after transitioning, became champions. Biological women athletes see this differential as unfair, and they’re right.

The reason I don’t favor a complete ban (as the bill proposes) is because there may be some sports in which biological men have no average physiological or bodily advantage over biological women, and in that case there’s no reason on grounds of fairness to ban women from competing with men. I can’t think of any such sports, but ultra-long-distance running may be one. If such sports exist, the bill does create some unfairness.

Alternatively, there may be hormonal or other treatments that create a truly level playing ground for trans women vs. biological women on one hand, and trans men versus biological men on the other. Right now we have no such treatments. The Olympics, for example, used to set upper limits for testosterone levels for competing in women’s events. But the situation is now so muddled, with research showing a persistent athletic advantage in trans women, that the Olympics have basically bailed on its standards, leaving each sport to set its own criteria.

This poses a problem: what to do about trans women’s desire to compete in sports? Nobody wants to tell them that they can’t compete, for that’s quashing what may be a very strong ambition. (In fact, the bill bans them from competing.)

Readers have suggested several solutions. One is a “three-class” system of competition: biological men, biological women, and “other.” This, however, would create a stigma in the third class. Another is to allow anybody to compete in men’s athletics. But that may lead to more injuries in trans men, whose bodies are more liable to injury in rough sports. None of these solutions is perfect.

I don’t know the solution, but I do know that it shouldn’t involve trans women competing against biological women—not until we find a way to level the playing field.

Because of the caveats above, I can’t go along with HR 734’s total ban, but there are good ethical and data-driven arguments about banning trans women, for the time being, from competing in women’s sports. That doesn’t make me a transphobe, a Republican, a misogynist, or a rape-enabler, but Zirin thinks that my views make me all four (see below).

Now, on to his piece:

There are several points to Zirin’s pile of journalistic rubbish, which you can discern from its title and subtitle:

1.) Banning trans athletes (and the main issue is banning trans women from competing against biological women) is transphobic.

2.) Those “transphobes” who favor such bans have the ultimate goal of getting rid of all of Title IX, the American law that bans discrimination on the grounds of sex. In other words, favoring bans on trans athletes is just the first step in allowing discrimination based on sex—either biological sex or assumed sex, as in trangender women.

3.) Those who favor such bans are bedmates of Republicans and misogynists. Zirin’s article traffics heavily in ridiculous forms of guilt by association, like this:

The sports bill is also, tragically, supported by a few prominent women athletes who believe that they are somehow protecting women’s sports by allying with people who not only want to destroy Title IX but also to reelect a misogynist and alleged rapist as president. Strange bedfellows indeed.

and this:

Not surprisingly, the same GOP rallying in lockstep behind this bill is also pushing Representative Marjorie Taylor Greene’s (R-Ga.) “Protect Children’s Innocence Act,” which would make it a felony for doctors to provide gender-affirming health care to transgender minors. That is also going to be taken up this week. The GOP establishment is all in. The bills are strongly supported by the Conservative Political Action Conference and its leader, Matt Schlapp, who is accused of sexually assaulting a male staffer.

You don’t have to be in favor of the entire bill HR 734 to favor a provisional ban on transsexual women from competing in women’s sports, and you don’t have to favor the bill’s complete ban on trans men competing in men’s sports. The latter decision is up to the individual sports associations and to the trans women themselves, based not on athletic advantages but on the likelihood of injury. To claim that this position makes you a Republican, a transphobe, or a supporter of “misogynist and alleged rapist” Trump is worse than stupid. I am not a misogynist, I’m a registered Democrat, and I despise Trump.

Once again Chase Strangio, a trans man who’s the Deputy Director for Transgender Justice and staff attorney with the American Civil Liberties Union (ACLU) weighs in with his bile. The man is a blot on the ACLU, for he’s a lawyer who stomps on the rights of biological women, women who would get athletically trounced were Strangio’s efforts to bear fruit. Further, he once favored the banning of Abigail Shrier’s book Irreversible Damage. Can an ACLU lawyer have any credibility if he favors book banning?  (I have to add here that the Freedom from Religion Foundation, of which I’m an honorary director, also favors allowing trans women to compete against biological women since they see this as a church-state issue. I have complained about this stand, and it will be interesting to see how they come down on future bills.)

Here are some of Strangio’s misguided ideas, claiming that favoring a moratorium on trans women competing against biological women in sports is nothing other than transphobia:

Chase Strangio, an ACLU attorney who has been fighting these laws, told me, “The introduction of HR 734 is both a troubling reflection of where we are in the national landscape of attacks on trans people, particularly trans youth, and an ominous sign of what is to come. With so many threats to women’s sports, what a sad commentary on our society that the action being taken in Congress is one that targets a subset of women and girls—those who are trans—and singles them out for discrimination.”

He went on to say, “If we are to fight back against the many threats to bodily autonomy that we are seeing in state legislatures and in Congress, we need a meaningful and coordinated resistance to legislation like HR 734, and we need to challenge the notion that targeting and demonizing trans people protects anyone.”

Yes, perhaps some supporters of the bill are transphobes, but many who call for such bans on a provisional basis are simply doing so on the grounds of fairness to women, not hatred of trans people. Strangio is either too dumb to see that, or, more likely, is so bound up in transgender activism that he fails to see (as J. K. Rowling does see) that those rights sometimes conflict with the rights of cisgender women.

I repeat Zirin’s paragraph from above:

The sports bill is also, tragically, supported by a few prominent women athletes who believe that they are somehow protecting women’s sports by allying with people who not only want to destroy Title IX but also to reelect a misogynist and alleged rapist as president. Strange bedfellows indeed.

That’s guilt by association, pure and simple. Does Zirin not see that many prominent women athletes who oppose trans women’s participation against biological women are NOT “rapist protectors” and Trumpites?  In fact, in the next sentence Zirin says so:

One Olympic gold medalist who supports a trans bans and has written upon it extensively is the swimmer Nancy Hogshead-Makar, who founded the organization Champion Women. As Dr. Johanna Mellis, cohost of the End of Sports Podtweeted to me (and I reprint with permission): “Enraging how several cishet [cisgender, heterosexual] white women like NHM [Nancy Hogshead–Makar] who ostensibly vote Dem and believe in abortion rights are trans panic-ers and boosting their platform off such bigotry.”

Another women supporting trans women’s sports bans is Martina Navratilova, a Democrat, supporter of LGBTQ rights, Trump hater, and donor to the Democratic Party. She’s not “cishet”, either, as she’s gay. Funny they left her out. . .

Below are some of Zirin’s histrionics.

I guarantee that these very forces will at some point call for Title IX to be thrown out. No one should give these people one droplet of credibility. Anyone who cares about women’s athletics should be aghast to see Title IX, some of the most important legislation for gender equality ever produced by this country, used as a cudgel to keep trans kids off the playing field. They should call that what it is: an obscenity. Either Title IX is a shining example of inclusion or it is not. For it to be used months after its 50th anniversary as a tool for bigots is the true perversion in this story.

No, I will not call for Title IX to be thrown out, and neither will our.many readers who favor some sports bans but also oppose discrimination on the basis of sex. (I’m speaking about biological sex here, for I cannot bring myself to agree that “trans women are women” in every single sense.)

The paragraph above is so miguided that it’s not even wrong. If you care about women’s athletics, the best way to preserve them as a going concern is to support Title IX for nearly all purposes, but not to allow trans women on teams comprising biological women. To do otherwise is to doom women’s sports, particularly because some states and officials (including Joe Biden’s administration) don’t think any hormonal or surgical modification of a biological male need be done to allow that male to compete as a woman. All that’s needed is that the male claim self-identify as having a female gender and (sometimes) to live as a woman for a limited period. In other words, some states and laws allow unmodified biological men to compete against biological women. Given the data, in what world is that fair?

Zirin’s ending is particularly ironic:

We need to be willing to discuss any issue that may invariably arise with transgender athletes and the sexual binary that defines sports in this country. It could be an exciting moment to reimagine how we organize young people to play sports, especially at the youth level. Instead, the issue has become yet another cleaver by the right—with minimal resistance from muted Democrats—used to distract, divide, and demonize. Republicans are not stopping with sports in their project of trans eradication. Either we stand with our trans friends, or we lose them. Either we stand with our trans friends, or Title IX will at some point be a memory. Either we stand with our trans friends, or we’re next.

What a baseless assertion! We can stand with our trans friends in allowing them every basic human right except for a handful, excluding the “right” of trans women to be put in women’s prisons, to be rape counselors, or to compete against biological women. But unless you buy Zirin (and Strangio’s) whole hog, you can’t buy any pork at all. It’s a Manichean view of the issue.

And what’s most ironic is that although Zirin claims to favor open discussion of this issue, he really doesn’t, for his guilt-by-association ploy puts many who favor discussion automatically in the same class as misogynists, transphobes, rapist-protectors, and Trump supporters. How can you discuss something when you’re demonized by the opposition at the outset? But there’s really no reason why favoring Title IX should automatically make you support the right of self-identified women to assume every single right of biological women.

***************

I’ve now used up my free access to The Nation, and can’t see new comments (they aren’t of course archived), but last night I was glad to see that that most readers weren’t buying Zirin’s claims. Here are two that I copied, and if you have free access to his article check out any new comments:

Comments:

Lastly, what I reject most about this woke article is rather than encourage debate, it rejects debate as if only neo-nazis would dare challenge any part of the trans narrative.

and

. . . I would have been grateful to see an engagement with the arguments of Nancy Hogshead-Makar rather than just a summary dismissal of her. Many, perhaps most, of the people who normally support progressive causes have been confused by current transgender perspectives and, in the course of seeking to become better informed have not had explanation, but vilification. A spirit of intimidation has stifled the dialogue so that a fear of being recklessly labeled transphobic has intimidated questioners into silence — a silence that is far from persuasion. The fascists have been only too happy to fill that vacuum. They are gaining ground. The Dave Zirins need to own responsibility for that.

 

Argentina wins!

December 18, 2022 • 12:02 pm

Well, that was a squeaker. When Argentina led 2-0 at the half, I thought it was over, but it’s never over at the World Cup until it’s over. It went to two overtime periods, and then to penalty kicks:

And Messi finally has what eluded him in a fantastic career: a World Cup.

It was a fantastic game, with Argentina dominating in the first half but Mbappé leading his team back in the second. When it came down to penalty kicks, I figured Argentina would win, as they have so much experience (even in this tournament) with these kicks. Sure enough, all their kicks went in, and after the fourth it was over .

 

One Love

November 25, 2022 • 1:00 pm

by Greg Mayer

For all sorts of soccer reasons, staging the World Cup in Qatar was and is a bad idea, but that’s not what I want to bring up here.

As was widely reported earlier this week, Harry Kane, the England captain, had planned to wear a “One Love” armband as a statement about human rights, especially with regard to homosexuality. FIFA then threatened to yellow card (i.e., penalize) any player wearing the armband, because in Qatar homosexuality is a crime. Under this threat, Kane, and the other European team captains with similar plans, relented.

I don’t know that there was any such connection in the minds of the Dutch national football officials who started the “One Love” campaign, but I Immediately thought of the Bob Marley song “One Love,” which begins

One love, one heartLet’s get together and feel all right

Since Kane and the other European captains can’t express the thought on the pitch, I’ve been doing so by listening to the song, and thought I’d invite WEIT readers to listen along.

One Atlantic article walks back another

October 2, 2022 • 9:23 am

On September 17, Maggie Mertens published an article in The Atlantic, “Separating sports by sex doesn’t make sense“, which I wrote about here two days thereafter. Mertens adduced a number of dubious arguments for her argument that in “youth sports”, which includes sports through high school (students aged up to about 18), there should be no separate men’s and women’s teams, but the sexes should be combined. My criticisms included Mertens’s failure to distinguish sex from gender, her claim that—against all the data—men don’t have average biological advantages over women in athletic performance, her reliance on anecdotes instead of data, and the unworkability of her “solution”, which involves grouping all athletes together in teams whose members have roughly equal abilities.

Mertens’s article was widely criticized, including, as you see below, by Jesse Singal and Martina Navatilova.

Perhaps the criticism—or The Atlantic‘s realization that it had commissioned a wrongheaded article—made them commission a new rebuttal to Mertens’s piece, which you can read below for free by clicking on the screenshot. The author is Steve Magness, identified as “a performance coach and sports scientist” and “the author of Do Hard Things: Why We Get Resilience Wrong and the Surprising Science of Real Toughness.”

First off, this article isn’t about whether transsexual athletes should compete against cissexual ones. That heated debate he leaves for the future. Nor is he arguing that men’s sports should draw more attention than women’s, nor that men should be paid more; in fact, he argues against that. His argument is simply that Mertens’s solution of mixing males and females in school sports is wrongheaded, at least for athletes who have gone through puberty.

Magness’s point rests on the simple acknowledgment that, on average, puberty gives men substantial athletic advantages against women—advantages not seen before either sex undergoes puberty. The higher levels of testosterone (a steroid hormone) accompanying male puberty causes the development of athletic differences between men and women, differences that give men a performance average of 10% or more over women—even higher in strength sports like weightlifting.

Why is this important to recognize? For several reasons that Magness mentions at the end (see below), with the foremost being that if one allows cisgender men and women to have mixed teams, as Mertens suggested, the men would eventually nose out the women if teams are assembled by performance.  And this is unfair to biological (cis) women.

Magness on the data:

When looking at elite runners—whether sprinting 100 meters or racing many miles—once athletes hit physical maturity, the best men have anywhere from a 9 to a 12 percent advantage over the best women. A significant gap can be seen in cycling, swimming, speed skating, high-jumping, and a variety of other athletic feats. The gap is even larger in sports that depend highly on strength. For example, when looking at elite weight lifters in the same weight class, the performance gap is about 24 to 30 percent.

It’s important to note a few caveats. First, most of the best research is on sports that are easily quantifiable. For example, there’s no way to directly compare the skill levels of elite tennis players to measure for tiny performance differences unless they play one another. What we know is that the less a sport relies on speed, power, or endurance, and the more it relies on skill, the smaller the gap is. In sports like shooting and archery, the difference between men and women is negligible at best. Second, the performance gap of course doesn’t mean that all men will triumph over all women all the time. My comparatively unathletic brother would get beaten by thousands of women in a mile-long race. And if my wife showed up to a local turkey trot, she’d likely decimate all the men. Third, because there is significant overlap between males and females in performance, female outliers can shine, particularly in niche sports with a small number of competitors (e.g., ultrarunning).

But at the top of the top of the athletic world, in widely played sports with elite coaching, the gap between the sexes seems almost insurmountable. Take the queen of track and field, Allyson Felix. The 11-time Olympic medalist’s best 400-meter time ever is 49.26. In just the 2022 season, that would have put her 689th on the boys’ high-school performance list.

None of this is meant to disparage the phenomenal women athletes at the top of their game. But if we stopped dividing sport by sex, elite women’s sport as we know it could cease to exist. We might miss out on Megan Rapinoe at the World Cup or the spectacle of Sydney McLaughlin effortlessly gliding over hurdle after hurdle. Acknowledging the performance differential should encourage us to do everything possible to make sure female athletes can keep competing at these levels.

He also considers whether the sex differences in performance are “sociological”, and can be ascribed to things like sexism leading to differential training or investment, and for several reasons rejects those as the primary cause of sex differences—though perhaps a part of the cause. The data show that in the past 30 years, despite an improvement in women’s training and a lessening of sexism, the sex gap in five sports—cycling, weightlifting, swimming, speed skating, and track and field—remains. Though performance in both sexes is improving, they’re improving at roughly the same rate, so that the puberty-induced gap has stayed about the same.

I think this is a fair and evenhanded piece, as it takes pains to give the caveats and to avoid denigrating women’s sports, which shouldn’t be denigrated. And he also gives the advantages of acknowledging the post-puberty data, which raises several questions whose answers are driven by both data and ethics:

The upside of acknowledging that sex differences in performance exist is that we can discuss the vital, knotty debates that emerge from this biology. For example, would creating more coed sporting opportunities before, say, age 10, keep girls in sport longer? How should schools and clubs handle a young female athlete who wants to play football even though there’s no girls’ team? Should we get rid of sex-based divisions in sports like shooting, where the performance gap is minimal? We certainly need to figure out better answers for trans athletes and people like Caster Semenya, who, because she has differences of sexual development, is allowed to compete in the 5K but not the 800-meter race.

I find the first three questions especially interesting, because they are the easiest to answer. If there is no difference in sports ability between boys and girls before puberty, why not allow mixed teams? And surely there are some women who would qualify to be on men’s school teams; why not let them in? Finally, if the average performance of men and women in shooting is about the same (I’m not sure if there’s a gap), why not let the sexes compete against each other, even at “elite” levels like the Olympics?

Issues like those of transsexual athletes, or people with disorders of sex development, pose harder questions, and I have no solution save create an “other” category, or have two categories: “biological men + transsexual and DSD athletes” on the one hand and “biological women” on the other. That, of course, has its own downside, including stigmatization, but to me the increased fairness to the many cisgender women who compete in sport outweighs other considerations.

To Magness, though, all questions must begin with the admission of a puberty-induced athletic advantage of males over females. Why do people resist what is such an obvious answer. Because many “progressive” ideologues don’t want to believe that there are evolved biological differences between the sexes. Ergo, the differences we see are due entirely to socialization.

Here’  the salutary results Magness sees in admitting the truth (note: he and his wife were both runners, but she competed better against other women than he did against other men):

To solve these questions, we need to first accept the premise that puberty can create unequal sporting ability. Doing so doesn’t mean that we stop fighting inequality or dismiss tricky edge cases. It actually should free us from arguing over what should be a noncontroversial claim. We can then shift our focus to making sure women have the space, resources, and opportunities to show their talents. We can acknowledge that though I might have run faster at my peak, my wife’s performance and achievements are undoubtedly more impressive. We can stop judging female athletes against their male counterparts and enjoy their athleticism on its own accord.

Given that Magness opposes mixed men’s and women’s teams after puberty, he would surely oppose something that the ACLU and the Biden Administration has supported: the right of medically untreated men and women to compete with members of the sex to which they say they belong. This would result in medically untreated biological men who identify as women competing against biological women, and only a witless ideologue could support that.

The only question I have about this article is this: how did it come to be? Did The Atlantic realize it screwed up by publishing Mertens’s piece and asked someone to write a rebuttal? Or did it commission both pieces to show both sides of a “controversy”? If so, Magness has the better arguments by far.

Now you might say that this is all a tempest in a teapot, but it’s not. The number of adolescent men who identify as women is increasing rapidly (and women who identify as men even faster), and that teapot is going to get pretty big pretty fast.