The problem of “sport sex”: Reflections on de-essentialising gender and globalising law

Female track athletes with certain differences of sex development (DSD) are now barred from the women’s category of international competition – that is, unless they undergo procedures to “normalise” the atypically high amount of testosterone produced by their bodies. These regulations establish an exception to the general rule that the women’s category is open to all athletes – just as they are – who have been legally recognised from birth as female (a separate exception applies to transgender athletes). They also override domestic law by creating the concept of “sport sex”, which doesn’t necessarily correspond with legal sex assigned at, and ever since, birth.