Do laws need to be changed to give women and girls the opportunity to play what proponents call “single-sex sport”? Where would that leave those who identify as transgender? The issue has emerged with legislation proposed by Tasmanian Liberal Senator Claire Chandler, and has prompted strong reactions for and against the proposal.

• Part I: What place for transgender women in women’s sport?

Many Australian sporting codes – including the AFL, Hockey Australia, Netball Australia, Rugby Australia, Tennis Australia, Touch Football Australia, UniSport Australia, and Water Polo Australia – all welcomed trans and gender diverse players, and, as A Gender Agenda’s Jenni Shoring noted, other peak sporting bodies were working on inclusive policies for transgender athletes.

But Tasmanian Liberal Senator Claire Chandler is concerned that sportswomen have missed out in Olympic and other competitions because male / transgender people were allowed into female sport; that born males have a natural advantage over women; that women risked serious head and neck injuries if males tackled them; and that women who spoke up in support of single-sex sport were threatened and abused.

Male athletes – regardless of gender identity or skill level – had physical attributes and development that female competitors did not, she told the Senate. Men’s world records on track and in pool were faster; male players punched harder, served faster, jumped higher, and imparted more force in a tackle or collision. Even male high school athletes had faster times than [female] Olympic athletes, she claimed.

“The insertion of these male attributes into a category of sport specifically designed to exclude them is unfair to female competitors, in the same way that it is unfair for a heavyweight to compete in a lightweight boxing division or an adult to compete in a junior competition,” Senator Chandler said. “In many sports, it is also unsafe.”

For instance, last month, Lia (born Will) Thomas, an apparently male-bodied American swimmer who identifies as a woman, made waves when she effortlessly won races and broke women’s records. As a man, the American National Collegiate Athletic Association ranked Thomas in the mid-500s (462), but as a woman, Thomas took first place in February’s Ivy League championships.

But psychiatrist Jack Turban (in Scientific American) and geneticist Dr Eric Vilain (NPR) have argued there is no scientific case for excluding trans girls from girls’ sports teams, and that diversity should be celebrated.

The AFL’s position, for instance, is that gender diverse players “are all individuals and may have a range of physical abilities, fitness, skill levels and different strengths and weaknesses”; thus, a cisgender or transgender woman may be taller or stronger but slower or less agile. “In community football,” its policy states, “social inclusion has a greater priority than concerns about possible competitive advantages if gender diverse players participate.”

Sporting bodies (such as the UK Sports Council) also documented reports from female athletes of being told to “shut up and not speak about this issue or risk losing their careers”, Senator Chandler said.

“Australian sportswomen have told me that it is all but impossible for current athletes to speak up in support of single-sex sport because of the reaction from governing bodies, sponsors, and media if they do.”

Similarly, in 2020, when NZ weightlifter Laurel Hubbard became the first transgender athlete to compete in the Olympic games, failing on all three attempts to lift the weight in her event, NZ bronze medallist Tracey Lambrechs told Reuters that female weightlifters were “told to be quiet”. (The International Olympics Committee has allowed transgender athletes to compete as women since 2013, provided their testosterone is below 10 nanomoles per litre for a year before their first competition. Women’s ‘normal’ testosterone levels are between 0.5 and 2.4 nanomoles per litre.)

Sports administrators – even of high impact contact sports such as the AFL – were threatened with legal action for not allowing ‘males’ [transgender people] into female competitions, Senator Chandler said. (Transgender footballer Hannah Mouncey planned to sue the AFL last year to play in the AFL Canberra Women’s first-grade community football competition.)

But Senator Chandler’s bill seems to have no support from official sporting bodies. Netball Australia, the NRL, the AFL, Cricket Australia, Tennis Australia, Football Australia, Rugby Australia, and Athletics Australia had no contact with Senator Chandler or Federal government representatives about the bill, the Sydney Morning Herald reported.

Reactions to the bill

Senator Chandler said “thousands” of women involved in every level of sport – “from Olympians and World Champions down to players at grassroots level – as well as coaches, administrators, and parents of daughters” had contacted her, agreeing that the law must encourage and support single-sex sport for females.

Among them was Olympic weightlifter Deborah Acason, who competed against Laurel Hubbard, an opponent 50kg heavier, at the 2018 Gold Coast Commonwealth Games. Ms Acason told the Courier Mail that testosterone gave men an advantage, and competing against men could drive girls away from sport.

“Above anything else in sport, including winning, I want to see our next generation of Australian women and girls given the opportunity of competing on a fair playing field,” she told Senator Chandler.

In another message to the senator’s office, Katherine Deves, co-founder of Save Women’s Sport Australasia, said the Bill would protect women’s rights.

“Women and girls have the right to fair competition and player safety in sport. Having a dedicated category for those born female ensures this right.

“Sports policies based on gender identity, rather than biological sex, enable males to be included in the female category, resulting in the exclusion or sidelining of women and girls. Equality cannot be achieved if the rights of women and girls are abnegated to assuage a very vocal minority group.”

Women’s Forum, an independent feminist think-tank, also supports the bill. CEO Rachael Wong said it would “simply restore a level playing field for women and girls. If anything, it is the status quo that is harming trans people – the indignation felt as biological males continue to thrash women in the sporting arena will only grow.”

But Jenni Shoring (A Gender Agenda) urged Senator Chandler to focus on equality on women’s sport, “if that is her concern, and work to fight for equal pay and increased media coverage of women’s sport, instead of trying to harm a minority community when there are already protections in place.

“For young children who are pre-puberty, and starting a journey into sports, to be told they can’t play with their friends or peers based on how they identify is distressing, and even for those later in life, that have significantly higher risks of mental health issues, along with higher rates of self-harm and suicidality, to restrict them from playing sport based on unscientific views would have serious consequences.”

Political reactions

The bill has drawn support and opposition across the political spectrum. Not all conservatives are in favour.

Prime Minister Scott Morrison is a supporter. “I think it’s a terrific bill, and I’ve given [Senator Chandler] great encouragement,” he said. “Claire is a champion for women’s sport, and I think she’s been right to raise these issues in the way that she has.” Liberal politician Nicolle Flint (The Australian) also supported the bill.

Ms Shoring (A Gender Agenda) said it was “incredibly saddening that the Prime Minister of Australia sees this as a ‘terrific’ bill, again attacking a minority group of Australians that already struggle significantly with inclusion and acceptance”.

Similarly, LGBTIQ+ advocacy group Equality Australia said by supporting the “cruel and divisive” bill, the Prime Minister had made trans and gender diverse lives’ the subject of political and media debate. “This is completely unacceptable, particularly when this group of people already experience disproportionate levels of discrimination, marginalisation, and social isolation.”

Senator Chandler’s fellow Tasmanian Liberals, Premier Peter Gutwein and MP Bridget Archer, thought the bill was unnecessary. Mr Gutwein feared it would weaken the state’s anti-discrimination laws, the Examiner reported.

“I think we have an inclusive society, and I think the way that we manage sport in Tasmania is a reflection of that society,” he said. “I don’t believe that there’s any need for this bill, but that’s a matter for Claire and the federal parliament.”

Tasmanian transgender advocates and sporting organisations also oppose the bill.

Closer to home, Chief Minister Andrew Barr condemned the bill, calling it “an attempt to create division ahead of the forthcoming federal election”.

“Once again, we find ourselves in agreement with conservative state governments in relation to federal legislation that seeks to override effective state and territory legislation in the anti-discrimination and human rights space,” he said.

“It is incumbent on our community, including the sporting community, to embrace people from all backgrounds. No-one should be excluded from participating in sport, including individuals that may be in transition or have transitioned. 

“I appreciate there are some instances, within the context of binary-based sporting competitions – particularly women’s sport – where these matters require special consideration. However, sporting organisations are managing these issues very well, and there is no need for Senator Chandler or the Federal Government to drive a political wedge just to stoke up further division in the community.

“I thank all sporting organisations that have done an outstanding job of being inclusive. Our community is better for it.”

Johnathan Davis MLA, the Greens spokesperson for LGBTIQA+ affairs, said the ACT Greens and ACT Labor were united in their efforts to “protect, defend, and support” LGBTQIA+ Canberrans.

“I’ve been pleased to work with the Chief Minister on these issues so far this term, and I will continue to work constructively with the Chief Minister.”

Senator Chandler replied: “If Labor and the Greens oppose women having the right to single-sex sport, that is a poor reflection on them.”

A spokesperson for Sport Australia said the Australian Sports Commission (ASC) expected sporting codes to maintain the integrity, fairness, and safety of women’s sport and sporting competitions.

“The ASC is committed to ensuring women and girls have equal opportunities to participate, volunteer, and work in sport, and delivers a range of programs to support women athletes, administrators, and coaches, at all levels,” the Commission said.

“Any changes to the Sex Discrimination Act 1984 or the Australian Sports Commission Act 1989 are a matter for the Australian Parliament.”