About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

80 Law & Contemp. Probs. 139 (2017)
Athletic Gender

handle is hein.journals/lcp80 and id is 929 raw text is: 

                    ATHLETIC GENDER

                              JOANNA   HARPER*

    For most of humanity's existence, sport meant men's sport. From the ancient
Olympics  up through  the first two-thirds of the twentieth century, women faced
many  cultural obstacles to sport success.' For instance, it was not until the 1928
Olympic  Games   that women  were  first allowed to participate in track and field,
the signature sport of the games.' And it was not until much later in the twentieth
century that women   began  to achieve  some  semblance  of equality within the
sporting world through federal legislation.'
    The creation of a separate category for female athletes inevitably leads to a
fundamental   conundrum-precisely who should be allowed to compete in
women's  sports?
    To some, the answer  to this question would seem self-evident, but in reality,
biology does not neatly divide human  beings into two sexes. Accordingly, there
are two main  groups of people who  fall outside of the binary division that most
people have  not historically considered: intersex and transgender people.
    Intersex people-the  term  used by the Organisation  Intersex International'
and other  organizations run by and for intersex people-have   chromosomal   or
physical conditions that blur  the line separating men  from  women.   Intersex
conditions are often referred  to as DSDs,  an abbreviation  that can stand for
Disorders  of  Sexual Development or Differences of Sexual Development.
Transgender  people  can be defined as those whose  gender  identity-an  innate
sense of whether  one  is male, female or somewhere   in between-differs   from

Copyright D 2018 Joanna Harper.
This article is also available online at http://lcp.law.duke.edu/.
*Chief Medical Physicist, Providence Portland Medical Center, Portland, Oregon. I would like to thank
Doriane Coleman for inviting me to contribute this article.
    1. Richard C. Bell, A History of Women in Sport Prior to Title IX SPORT J. (Mar. 14, 2008),
http://thesportjournal.org/article/a-history-of-women-in-sport-prior-to-title-ix/ [https://perma.cc/3AND-
PERFORMANCE  60 (2013).
    3. See Title IX Legislative Chronology, WOMEN'S SPORTS FOUND. (Sept. 13, 2011),
[https://perma.cc/S23N-36F8] (Title IX of the Education Amendments is enacted by Congress and is
signed into law by Richard Nixon... . Title IX prohibits sex discrimination in any educational program
or activity receiving any type of federal financial aid.).
    4. Despite the fact that the Organisation Intersex International and other groups use the term
intersex, there is no universal agreement on the correct term for such people.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most