US restores transgender health protections

Paco Dennis

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The U.S. will protect gay and transgender people against sex discrimination in health care, the Biden administration announced Monday, reversing a Trump-era policy that sought to narrow the scope of legal rights in sensitive situations involving medical care.

The action by the Department of Health and Human Services affirms that federal laws forbidding sex discrimination in health care also protect gay and transgender people. The Trump administration had defined “sex” to mean gender assigned at birth, thereby excluding transgender people from the law’s umbrella of protection.

“Fear of discrimination can lead individuals to forgo care, which can have serious negative health consequences,” said HHS Secretary Xavier Becerra. “Everyone — including LGBTQ people — should be able to access health care, free from discrimination or interference, period.”
 

Further reform is needed. A national law should be passed which will protect transgenders so that they may play scholastic and collegiate sports. While education is mostly within the prerogative of the states, such legislation can be passed under the 'necessary and proper clause' and under the 'supremacy clause' of the US Constitution. There simply is no excuse for denying them this right.
 

I'm not sure where I stand on the issue of transgenders and sports. While I lean toward supporting everyone's rights, what about the differences in size and strength between people who are "biologically" male or female?

Imagine a girls' basketball team that suddenly acquires some new players who were born male but have transitioned, and they now call themselves female. And they happen to be nearly 7 feet tall. They can outplay the girls every time, because they were brought up as boys from childhood, and they lived in an urban area where the boys play basketball every day. How would you feel if you were supporting the opposing team?

Or, what about the dainty person, 5 feet tall and 100 pounds soaking wet, who started out as a female but decided "they" are really male, and wants to join the college football team? Does this person have the right to protest if "they" are denied membership on the team?
 
I'm 5'6" and grew up on the tough streets of Brooklyn, NY where basketball and football are more than religion. In my youth I generally weighed 130 lbs or less and often played against athletes who were 6'6" and weighed well over 200 lbs. Some were closer to 300 lbs. Got my butt kicked on the playing but never cried about it. On the contrary, I was always taught to practice good sportsmanship and to shake the hand of my opponent after a match. We were always taught the old adage of everyone wins with good sportsmanship. Why should this standard be changed all of a sudden?
 
Just curious, oldie, are you male or female? Do you think your experience would have been the same if you were the opposite gender?

Your answer is interesting, but doesn't really address the questions I was asking. I wasn't referring to kids informally playing a neighborhood game. I was referring to college or professional teams, which often take their games very seriously. Probably high school teams also. I doubt that too many of these teams would happily welcome a player who is smaller and weaker, just to show good sportsmanship. It would be nice if we lived in a world like that, but mostly we don't.

I guess this is mostly about size. If a woman transitions into a man, and is absolutely huge, very tall, heavy, and strong, and has all the skills a linebacker needs, it might make sense to allow him/her/them on the team.
 
There are true differences in the genders. Males are generally bigger and longer boned, which increases the mechanical advantage in the human body. That's a fact. A male transgender is still a biological male. So , there are options in attempting to make sports competitive, and fair. Option 1. gender separation. Biological males should play only other biological males, the same with biological females. 2. the game is open to either gender- everybody is welcome.
 
This nonsense about transgender women (that is, men who say they are women) participating in women's sports will pass is a few years when it becomes obvious to everyone, even the most extreme trans-rights activists, that girls and women (that is, real girls and women) have essentially no chance of winning anything when competing against men who claim to be women.
 
Just curious, oldie, are you male or female? Do you think your experience would have been the same if you were the opposite gender?

Your answer is interesting, but doesn't really address the questions I was asking. I wasn't referring to kids informally playing a neighborhood game. I was referring to college or professional teams, which often take their games very seriously. Probably high school teams also. I doubt that too many of these teams would happily welcome a player who is smaller and weaker, just to show good sportsmanship. It would be nice if we lived in a world like that, but mostly we don't.

I guess this is mostly about size. If a woman transitions into a man, and is absolutely huge, very tall, heavy, and strong, and has all the skills a linebacker needs, it might make sense to allow him/her/them on the team.



Good question. Am male. Would my experience had been different if I was the opposite gender? Well, in Brooklyn we often played with girls. Personally I did not have any hang ups about having them as teammates on pick up games as I took the message of good sportsmanship quite seriously all my life. Trust me when I tell you that more often than not I was the smallest player on the field in whatever game I played. At times some of the players did not particularly like having small guys like me in the lineup. But then, once we got on the playing field and I showed what I got, any such misgivings quickly went away. Yeah, I wish I could have been 6'6" rather than 5'6". Would definitely been a pro in either baseball or volleyball and made a fortune. When life gives you a deal that may not be to your liking, you learn to adjust. I had to do so. Why shouldn't girls today have to do so as well?
 
US restores transgender health protections
That's good, nobody should be denied protections under the law, because they are "different".

About the off topic subject of transgenders competing in sports: There may be some transgenders here and there, but I doubt that there will be an avalanche of TGs rushing in to take advantage of their biological size and strength difference. This isn't a new phenomena, remember the tennis player- Renée Richards back in the 70s?

History of transgender athletes in competition
 
I was referring to college or professional teams, which often take their games very seriously.



The NCAA governs collegiate sports and transgender inclusion is mandated by its rules:

The NCAA, which has had a transgender inclusion policy since 2011, requires states that host NCAA championships to provide an environment that is “safe, healthy and free of discrimination.”

NCAA transgender inclusion rule - Bing



The
WNBA also has transgender inclusion: Layshia Renee Clarendon is one such player.
 
This nonsense about transgender women (that is, men who say they are women) participating in women's sports will pass is a few years when it becomes obvious to everyone, even the most extreme trans-rights activists, that girls and women (that is, real girls and women) have essentially no chance of winning anything when competing against men who claim to be women.
I'm surprised you sound so hostile to the trans folk, ray.
 
There are true differences in the genders. Males are generally bigger and longer boned, which increases the mechanical advantage in the human body. That's a fact. A male transgender is still a biological male. So , there are options in attempting to make sports competitive, and fair. Option 1. gender separation. Biological males should play only other biological males, the same with biological females. 2. the game is open to either gender- everybody is welcome.
However if the biological male is taking female hormones it tends to reduce the strength. I don't know about the effects of male hormones on females. Chaz Bono's voice certainly lowered, did Chaz become stronger? He does appear male even if he is very short.
 
I'm not sure where I stand on the issue of transgenders and sports. While I lean toward supporting everyone's rights, what about the differences in size and strength between people who are "biologically" male or female?

Imagine a girls' basketball team that suddenly acquires some new players who were born male but have transitioned, and they now call themselves female. And they happen to be nearly 7 feet tall. They can outplay the girls every time, because they were brought up as boys from childhood, and they lived in an urban area where the boys play basketball every day. How would you feel if you were supporting the opposing team?

Or, what about the dainty person, 5 feet tall and 100 pounds soaking wet, who started out as a female but decided "they" are really male, and wants to join the college football team? Does this person have the right to protest if "they" are denied membership on the team?
Transgender women have a real advantage that biological women have an almost impossible problem competing against.
 
Transgender women have a real advantage that biological women have an almost impossible problem competing against



300 lb football players have a similar advantage over 180 lb players. Same thing in basketball. In all the years I watched the NBA I never saw Calvin Murphy, Nate 'Tiny' Archibald, Muggsby Bogues, Spud Webb or others complain about the big height differential between them and the tall trees they played against. To me, this just isn't an issue to be concerned with.
 
Further reform is needed. A national law should be passed which will protect transgenders so that they may play scholastic and collegiate sports. While education is mostly within the prerogative of the states, such legislation can be passed under the 'necessary and proper clause' and under the 'supremacy clause' of the US Constitution. There simply is no excuse for denying them this right.

More like Title 9 and the Commerce Clause.
 
More like Title 9 and the Commerce Clause.



I agree that Title IX (which is legislation I lobbied for starting on or about 1970) should be used to protect transgender claimants. However the law is unsettled in this respect though I anticipate some change within a year or two. Pursuant to the commerce clause, Title VII should be applicable to pro leagues in theory. However I see that as a moot point since no women's pro league that I know of has expressed or sanctioned any discrimination against transgenders.
 


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