The Alberta government and the Carney Liberals both agree that there should be fair play when it comes to women in sports — but there is a bitter divide on what that means.
The government of Danielle Smith wants to emphasize fairness for girls, whereas the federal government is intent on focusing on fairness for transgender athletes.
There is a large ideological divide between these two positions that is not easily bridged.
In an effort to protect girls, the Alberta government has introduced a new law, the Fairness and Safety in Sport Act, that bans transgender athletes from competing in female-only divisions. The law applies from the age of 12 upwards.
In a
tweet
, Smith said the act would “emphasize fairness, safety and inclusivity as core principles of sport in Alberta.”
There are sound reasons for Smith’s action, but the move has clearly irritated the Carney Liberals who seem to believe that fairness for biological females is unfair to transgender athletes.
And in a bid to police the province, the Big Brother Liberals have, in effect, warned Alberta: “We are watching you.”
“Using sport to discriminate against the trans community is wrong, and to the detriment of an already vulnerable, excluded, and marginalized community,”
said
Alyson Fair, a spokesperson for Adam van Koeverden, the sports minister.
Fair warned that her office and that of Rechie Valdez, women and gender equality minister, would be closely monitoring the situation.
But apart from offering up all the usual gobbledegook, Fair suggested no way forward.
Sport must provide “opportunities for all Canadians,” she said. It must be “welcoming, inclusive, safe, fair, rooted in good governance and operations,” she added. There had to be “integrity and fairness” and human rights respected.
There is nothing there that Smith would disagree with.
Fair concluded, “Ensuring the integrity and fairness of the female category remains crucial, especially in elite and high-performance sport. To emphasize, this is not a license to discriminate.”
But if the female category remains crucial then just how do we ensure its integrity and fairness?
What we have seen at the elite levels of sport is that when the female category is open to transgender athletes than fairness is suddenly sidelined. The “right” of the transgender athlete becomes paramount.
A prominent example of this is Lia Thomas, the University of Pennsylvania swimmer. Thomas ranked over 500 in the 200 men’s freestyle in the 2018-19 season, but later became one of the top-ranked female swimmers in that event.
In 2022, Thomas became the first transgender woman to win an NCAA swimming championship.
If that was fair, World Aquatics, swimming’s governing body, didn’t think so. It created new rules in 2022 to restrict transgender athletes from competing in elite women’s swimming competitions.
The World Aquatics
policy
on men and women competing states that “fairness and physical safety” must be maintained. It adds, “
Without eligibility standards based on biological sex or sex-linked traits, we are very unlikely to see biological females in finals, on podiums, or in championship positions; and in sports and events involving collisions and projectiles, biological female athletes would be at greater risk of injury.”
Thomas challenged the new rules, but the case was
thrown out
by the Court of Arbitration for Sport.
Interestingly, a news release from the court
said
, “Ms Thomas accepts that fair competition is a legitimate sporting objective and that some regulation of transgender women in swimming is appropriate.”
The question becomes what regulations can be put in place to ensure fair play? Or, perhaps more importantly, to make sure women are safe.
Algerian Imane Khelif convincingly boxed to a woman’s gold medal at the Paris Olympics last year after out punching rivals. There was controversy at the time over Khelif’s gender but it wasn’t until this year, and a leaked medical report, that revealed the boxer was biologically male.
World Boxing has now ruled that all female boxers over 18 must take a genetic sex test. In light of the Khelif controversy, and in order to ensure fairness, this seems reasonable.
However, Khelif is
refusing
to take the test and is challenging the rule in court.
It’s not as if there isn’t a way forward. World Aquatics is developing an “open category” where people can compete “w
ithout regard to their sex, their legal gender, or their gender identity.”
World Rugby bans transgender women from the female game because the “risk of injury is too great.” However, transgender players are encouraged to take part in non-contact forms of the game.
The problem for the Carney Liberals is that no compromise is good enough.
For some time, the federal government has accepted without argument that trans women are women and thus entitled to all the privileges, rights, facilities and accommodations conferred on females, be that in sport or in prisons.
The Liberal government was so captivated by transgender ideology that in 2023 then prime minister Justin Trudeau felt it right that he should celebrate that year’s International Women’s Day by
trumpeting
: “We reiterate today that trans women are women.”
But this is no longer tenable.
As several world sports governing bodies have shown — as Lia Thomas agrees — there must be some regulation of transgender athletes if fairness and safety for females is to assured.
Alberta’s sports law may be controversial but it is aimed at finding a solution to a tricky problem. The response by the Carney Liberals is predicated on an outdated ideology and a penchant for bullying.
National Post