Guest post: What constitutes fairness

Originally a comment by What a Maroon at Miscellany Room.

This should be easy, right? A sport which depends entirely on strength should be strictly segregated by sex. Or perhaps you could accommodate trans people by creating a third category for people calling themselves trans and “non-binary”, as USA Powerlifting tried to do. Seems like a reasonable compromise.

But of course a TIM disagrees, and he found a judge to agree with him. The judge’s opinion is, well, something.

“Segregation and separation are the hallmarks of discrimination,” Minnesota District Judge Patrick Diamond wrote in a Feb. 27 decision. “Separate but equal is unavailing. Discrimination claims are not defeated because separate services, facilities, accommodations were made available.”

If that’s the case, why have separate women’s sports at all? Shouldn’t everyone just compete in one league? I mean, we don’t allow segregated schools anymore.

Most of the rest of the judge’s opinion is the same old boring arguments (inclusion, fairness, etc.), but at least the article itself is fairly well-balanced in presenting the other side of the issue.

And while I don’t condone corporal punishment, and never practiced it on my kids, I got a chuckle out of this (Larry Maile is the president of US Powerlifting; JayCee Cooper is the trans-identified male who sued) (my bolding):

Maile resisted, though, and apparently became frustrated with the repeated efforts by Cooper and her [sic] supporters to challenge USA Powerlifting’s policies, writing in one email that “someone did not get beaten enough as a child. These people were children screaming in Walmart and their parents did nothing. Now they are adults and still screaming.

The organization fights on.

The case is scheduled to proceed to a trial on damages in May. Maile said the organization is willing to take the case to the Minnesota Supreme Court, if necessary. Legal costs are mounting, but for USA Powerlifting, Maile said the outcome of the case is a matter of survival.

“When you consider the rights of all of our various constituencies, it may be the hill we die on,” he said. “So we will continue because we believe that we’re right in terms of what ultimately are the differences and what constitutes fairness — not in all sports and not out there in society but what constitutes fairness on our platform.”

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