Outrunning Bias: Unmasking the Justifications for Excluding Non-Binary Athletes in Elite Sport

The inclusion of intersex and transgender athletes in sport has long been the subject of vigorous debate. Elite sport governing bodies like the International Association of Athletics Federations have attempted to articulate policies limiting the extent to which such athletes can compete in the female category. The most common reasons given to prevent their participation include: (1) the presence of testosterone and attendant physiological advantages, (2) the unfairness of competing against athletes with typically male-attributed qualities, and (3) the need to protect women’s sport from those who may destroy it. This Article looks to the historical use of gender verification tests as a starting point to question these justifications. It then shows that the lack of scientific evidence connecting testosterone to increased athleticism and sports’ tolerance of other physiological differences both fail to support the dominant “unfair advantage” claims. This Article suggests that current regulations are instead grounded in the reification of traditional gender norms and circumscribed notions of femininity. Rather than protecting the fairness of women’s sports, the ongoing exclusion of non-binary athletes polices gender norms in ways that extend far beyond the arena.