Rights are not decided by science but by law and laws are made by man. However, in this scientific age it has been decided that people who are members of a minority by nature generally have the same rights as anyone else. This is known as biological essentialism. Most transgender activist do not accept this, for the sake of discussion let us accept it. Therefore, the question of transgender rights comes down to how science answers the following questions. Do transgender people have the choice of completely conforming to gender norms and just being manly men or feminine women? Does the available data show that transgender people exist due to genetic, hormonal, neurological and or any other physical and immutable cause? Does hormone therapy for enough time or given early enough in life level the playing field for sports, and what variables effect this? What are the broader human rights implications of the answers to the above?
TLDR: Minor differences in the Androgen receptor (AR) and estrogen receptor (ERβ) genes result in neurological differences which cause gender dysphoria and other symptoms in biological males and females. (Fern´andez et al., 2018) (Theisen et al., 2019) (Boucher&Chinnah, 2020) (Amir et al., 2022) (The Endocrine Socieity, 2020). Note this is not an intersex condition in the sense of ambiguous primary sexual anatomy. Being transgender and/or gender non conforming is not a choice any more than being born with webbed feet or colorblindness.
Muscular strength differences in young adult transitioners will vanish after two years on hormones. (Roberts et al., 2021) Transgender women do retain an advantage in speed after that period. (Roberts et al., 2021) At the level of youth elementary, middle and high school sports due to the differential effects of puberty, and early hormone use, someone changing at those ages will have no material advantage (Ahrendt et al., 2021).
In short while transgender girls and boys playing sports as boys and girls is the political issue the science is clear. Someone like Jazz who started treatment at or during puberty has no advantage. Jazz Jennings Facebook.
The Details
The below is not an exhaustive list of all literature on the subject simply the most recent. An earnest effort has been undertaken to find any contradicting sources of the same scientific data driven, preferably peer reviewed or at least formally pre-print published character as the below.
Multiple independent studies have demonstrated a high probability that mutations to the Androgen Receptor (AR) and estrogen receptor genes ERβ (Fern´andez et al., 2018) (Theisen et al., 2019)
These genetic differences correspond to various differences in brain structure such that sexually dimorphic brain structures of transwomen match those of ciswomen, and those of transmen match those of cismen. (Boucher & Chinnah, 2020)
The differences are also manifested in the form of reduced fertility and general under masculinization even prior to any hormone treatment. (Amir et al., 2022)
The above finding is backed by MULTIPLE independent expert, peer reviewed, published meta-analysis, a study of all available studies. (D’Andrea et al., 2020) Crucially for the issue of fairness in sports there are relevant endocrinological differences. (The Endocrine Socieity, 2020)
A study done on post pubescent transgender adults by (Hilton & Lundberg, 2020) concluded a large advantage for transgender women in every sport, however, this article was corrected by the journal due to their undisclosed conflict of interest. (Hilton & Lundberg, 2021)
A further study, also cited by Hilton as being well done, found after 1-2 years on hormones little to no difference in strength but a 5% advantage in speed for transwomen. (Roberts et al., 2021)
Based on (Roberts et al., 2021) the British Journal of Sports Medicine concluded that given the data on competitors who are transitioning as young adults at the elite and collegiate levels there can be a difference that confers advantage, at the same time at the high school, youth and recreational levels when all the data is considered there is not necessarily an advantage. (Ahrendt et al., 2021)
A full formal annotated bibliography of these has been compiled by me including full abstracts with my comments clearly marked in red. Hontas Farmer . Genetic Causation of Transgender Neruobiological Identity, An Annotated Bibliography. . Authorea. January 24, 2022. DOI: 10.22541/au.164303998.80261664/v1
Summary
The above are peer reviewed and published data and expert findings of fact the below is my summary of them
Multiple independent studies have demonstrated a high probability that mutations to the Androgen Receptor (AR) and estrogen receptor genes ERβ (Fern´andez et al., 2018) (Theisen et al., 2019) These genetic differences correspond to various differences in brain structure such that sexually dimorphic brain structures of transwomen match those of ciswomen, and those of transmen match those of cismen. (Boucher & Chinnah, 2020) The differences are also manifested in the form of reduced fertility and general under masculinization even prior to any hormone treatment. (Amir et al., 2022) The above finding is backed by MULTIPLE independent experts, peer reviewed, published meta-analysis, a study of all available studies. (D’Andrea et al., 2020) Crucially for the issue of fairness in sports there are relevant endocrinological differences. (The Endocrine Socieity, 2020) A study done on post pubescent transgender adults by (Hilton & Lundberg, 2020) concluded a large advantage for transgender women in every sport, however, this article was corrected by the journal due to their undisclosed conflict of interest. (Hilton & Lundberg, 2021) A further study, also cited by Hilton as being well done, found after 1-2 years on hormones little to no difference in strength but a 5% advantage in speed for transwomen. (Roberts et al., 2021) Based on (Roberts et al., 2021) the British Journal of Sports Medicine concluded that given the data on competitors who are transitioning as young adults at the elite and collegiate levels there can be a difference that confers advantage, at the same time at the high school, youth and recreational levels when all the data is considered there is not necessarily an advantage. (Ahrendt et al., 2021)
In the opinion of a trans researcher on the team who worked on (Roberts et al., 2021) which was cited by the British Journal of Sports medicine, (Ahrendt et al., 2021), the issue of sports is nuanced with advantage in speed but not necessarily in strength over time. (Webb, 2021)
The Policy opinion of the Libertarian Party of the United States of America, hardly a left-wing party “Attacks on Trans people are an attack on Liberty” that fear, lies, and sensational stories are being used to justify taking rights from a easily vilified minority, and reduce the rights of the majority in the process.” (of the United States of America, 2021)
According to one Sports Management law review, something which the author of the current document admits is not in her area of expertise the current public laws of the United States lean towards inclusivity. (Buzuvis, 2021)
Conclusions
Given the scientific facts as confirmed by multiple studies and taking the biologically essentialist framework as a given, we can answer the key questions
Does the available data show that transgender people exist due to genetic, hormonal, neurological and or any other physical and immutable cause? Being transgender in the broadest sense is not a choice and has an immutable cause that lay in genetics and hormonal influences on the structure of the brain. (Fern´andez et al., 2018) (Theisen et al., 2019)(Boucher & Chinnah, 2020)(Amir et al., 2022) (D’Andrea et al., 2020) (The Endocrine Socieity, 2020) Transgender people make choices on how to handle this with the guidance of the doctors, psychologist, and medical experts.
Do transgender people have the choice of completely conforming to gender norms and just being manly men or feminine women?Sure, if enough coercive force is applied. Historically what has been known as conversion therapy, aversion therapy, or reparative therapy has been identified by numerous rights groups as torture. Even by ones that are not LGBT focused. An attack on the rights of transgender people is an attack on all rights. (Libertarian Party of the United States of America, 2021). They are no more obligated to conform to anyone Elses expectations to be deserving of rights. 1.6 million youths are homeless each year and 40% of them are LGBT, all a “not under my roof” does not result in a stright child.
Does hormone therapy for enough time or given early enough in life level the playing field for sports, and what variables effect this? Sports is one area where the rights of transwomen may have a persistent but not universal or insurmountable advantage. I.e. muscular advantage disappears after about two years but speed and endurance appear to persist.
Does hormone therapy for enough time or given early enough in life level the playing field for sports, and what variables effect this? The answer is when it comes to, young adult transitioners muscular strength, after 1-2 years on hormones, most differences will vanish. Transgender women do retain an advantage in speed after that period. (Roberts et al., 2021) At the level of youth elementary, middle and high school sports due to the differential effects of puberty someone changing at those ages will have no material advantage (Ahrendt et al., 2021). Further research is needed into the advantages if any at the level of elementary school, and high school.
What are the broader human rights implications of the answers to the above?
Repeatedly cases have shown that policies made to restrict the rights of transgender women wind up harming many times more cisgender but gender non-conforming cisgender women and also intersexed women.
Caster Semenya is a person who has an XY DSD and was born with external “objectively female” genitalia. Yet her body creates more testosterone naturally. Dutee Chand was born with a similar condition and for a time was also banned from running.
In short being transgender is not a choice there are definite genetic differences, which cause neurological and other differences. They lead to behavioral and other differences. The treatment for which is a degree of social and medical transition that varies from person to person.
Finally, my pure opinion. Sports activity is a fundamental human right, however, when it comes to sports it has to be fair to EVERYONE not just most people or people who look and act as we would like them to. The relevant medical authorities should set standards for their sports based on peer reviewed published science into what advantages transgender men and women have or do not have. These standards should be so permissive that most if not all people born with DSD’s would be allowed to compete and if someone transgender meets those exact same standards they too should be allowed to compete. Anything else is as the Libertarian Party of the United States nothing but a bigoted attack on transgender rights which will effect everyone from those with DSD’s to those who just don’t conform.
Also, as the Libertarian party would say you have a right to not be trans affirming, to use wrong pronouns, to be aggressively non trans affirming in every way. We have a right to call you a bigot. There is no right to be a TERF or gender critical that insulates from backlash against that. Yes we have XY or XX chromosomes but there is more to it than that whether you like it or not. The Earth is round, but it also spins and is an oblate spheroid, and has mountains. There are nuances to the simple answers which better approximate the texture and fullness of life. To be aggressive towards a transgender woman is as sensible as screaming at a mountain for existing on your perfect simple sphere. (Let alone denying the Earth is a sphere because the curvature you can’t see at eye level is too hard for you to imagine existing on a larger scale!)
Rosa Fernández, Antonio Guillamon, Joselyn Cortés-Cortés, Esther Gómez-Gil, Amalia Jácome, Isabel Esteva, MariCruz Almaraz, Mireia Mora, Gloria Aranda, Eduardo Pásaro. Molecular basis of Gender Dysphoria: androgen and estrogen receptor interaction. Psychoneuroendocrinology98, 161-167 (2018). Link
J. Graham Theisen, Viji Sundaram, Mary S. Filchak, Lynn P. Chorich, Megan E. Sullivan, James Knight, Hyung-Goo Kim, Lawrence C. Layman. The Use of Whole Exome Sequencing in a Cohort of Transgender Individuals to Identify Rare Genetic Variants. Nature Scientific Reports9, 20099 (2019). Link
Ferdinand J. O. Boucher, Tudor I. Chinnah. Gender Dysphoria: A Review Investigating the Relationship Between Genetic Influences and Brain Development. Adolescent Health, Medicine and TherapeuticsVolume 11, 89-99 (2020). Link
Hadar Amir, Liat Perl, Shimi Barda, Daniel Lantsberg, Anat Segev Becker, Galit Israeli, Foad Azem, Asaf Oren. Adolescent Transgender Females Present Impaired Semen Quality That Is Suitable for Intracytoplasmic Sperm Injection Even Before Initiating Gender-Affirming Hormone Treatment. Reproductive Sciences29, 260-269 (2022). Link
Settimio D’Andrea, Francesco Pallotti, Giulia Senofonte, Chiara Castellini, Donatella Paoli, Francesco Lombardo, Andrea Lenzi, Sandro Francavilla, Felice Francavilla, Arcangelo Barbonetti. Polymorphic Cytosine-Adenine-Guanine Repeat Length of Androgen Receptor Gene and Gender Incongruence in Trans Women: A Systematic Review and Meta-Analysis of Case-Control Studies. The Journal Of Sexual Medicine17, 543-550 (2020). Link
The Endocrine Socieity. Transgender Health An Endocrine Society Position Statement. The Endocrine Society (2020). Link
Emma N Hilton, Tommy R Lundberg. Transgender Women in the Female Category of Sport: Perspectives on Testosterone Suppression and Performance Advantage. Sports Medicine (2020). Link
Emma N Hilton, Tommy R Lundberg. CORRECTION To: Transgender Women in the Female Category of Sport: Perspectives on Testosterone Suppression and Performance Advantage. Sports Medicine (2021). Link
Timothy A Roberts, Joshua Smalley, Dale Ahrendt. Effect of gender affirming hormones on athletic performance in transwomen and transmen: implications for sporting organisations and legislators. British Journal of Sports Medicine55, 577–583 British Association of Sport and Excercise Medicine, 2021. Link
Dale Ahrendt, Timothy Roberts, Joshua Smalley. Testosterone and Transgender Athletic Performance : Finding a path for inclusion for transgender athletes. British Journal of Sports Medicine (official blog) (2021). Link
The Libertarian Party of the United States of America. Attacks on Trans people are an attack on Liberty. Libertarian Party Of The United States Platform (2021).
Erin Buzuvis. Law, policy, and the participation of transgender athletes in the United States. Sport Management Review24, 439-451 Routledge, 2021. Link
Karleigh Webb. New research paints a more complex picture of transgender sports advantage. Out Sports (2021).
Currently I am an adjunct professor at the College of DuPage. My research focuses on astrophysics from massive star formation to astroparticle physics...
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