Abstract Embarking on paths less travelled, transgender women have redefined notions of success, courage, and resilience. From the silver screen enchantments of Laverne Cox to the fierce advocacy of CeCe McDonald, the groundbreaking athleticism of Caitlyn Jenner, and India’s own trailblazing icons like Akkai Padmashali, Laxmi Tripathi, and Padmini Prakash, their narratives resonate with triumph […]
Embarking on paths less travelled, transgender women have redefined notions of success, courage, and resilience. From the silver screen enchantments of Laverne Cox to the fierce advocacy of CeCe McDonald, the groundbreaking athleticism of Caitlyn Jenner, and India’s own trailblazing icons like Akkai Padmashali, Laxmi Tripathi, and Padmini Prakash, their narratives resonate with triumph and inspiration, inviting us to witness greatness in every stride. Welcome to a journey of resilience, where every step defies odds and redefines possibilities.
This article delves into the intricate and evolving discourse surrounding equal rights for transgender women. It begins by examining the official definitions of ‘female’ and the challenges transgender individuals face in gaining acceptance and recognition worldwide. Drawing on the intersectionality of feminism, it highlights the need to centre the experiences and needs of transgender women within the broader feminist movement. The article then shifts its focus to the Indian historical context, where the impact of British colonialism sharply contrasts with the pre-colonial acceptance of transgender and intersex individuals. In the ongoing debates about transgender rights, two crucial areas are identified: beauty pageants and sports. In beauty pageants, the article discusses the resistance faced by transgender individuals and the recent strides towards inclusivity. In sports, it navigates the complexities of transgender athletes’ participation, the role of hormone replacement therapy (HRT), and the need for equitable policies and research. Throughout the article, the overarching theme is the call for fairness, inclusion, and research to shape policies that recognise the diverse journeys and identities of transgender women. It highlights the importance of fostering a just and inclusive society where transgender individuals can lead fulfilling lives on par with their cisgender counterparts.
Amid the ongoing debate about who qualifies as a woman, it is essential to revisit the official definition of the word ‘female.’ While a simple Google search suggests words like a woman or girl, more technical definitions (i.e., Oxford and Cambridge dictionaries) focus on the ability to reproduce, excluding many individuals born or identifying as women1.
In simple terms, a transgender woman is someone who was assigned the male sex at birth, but lives and identifies as a woman2. The process of changing one’s gender varies according to legal and medical structures across various countries. The United States federal law mandates proof of sex reassignment surgery or a form of necessary psychological treatment to change one’s gender in their legal documents3. The Indian Government, under Section 22 of the Transgender Persons (Protection of Rights) Act, 2019, has drafted the Transgender Persons (Protection of Rights) Rules, 2020. It states that one can medically and legally change their gender by producing proof of diagnosed Gender Identity Disorder and initiation of Hormone Replacement Treatment (HRT)4. Countries like Argentina and Denmark allow legal gender change on the basis of self-determination, without any mandate on proof of medical history5. On the other hand, countries such as Afghanistan, Saudi Arabia, and Brunei have explicit anti-LGBTQ+ and transgender laws. Russia and parts of the USA have recently modified their existing laws to ban gender-affirming care and legal gender change. Lawmakers in 37 US states have introduced at least 142 bills to restrict gender-affirming healthcare for trans and gender-expansive people in 2023, nearly three times as many as in 20226. These examples highlight a pattern of heightened exclusion of the trans community from legal and social systems, denying some of their basic human rights, including medical care and freedom of expression.
It is important to note that even in countries where transgender individuals are legally granted equal rights on paper, their real-world experiences may not always reflect this level of optimism and inclusivity in social and public spheres. Transgender individuals, even in nations with progressive administrative systems, face discrimination in their workplaces, educational institutions, community spaces and online platforms. In recent years, there has been a concerning rise in anti-trans sentiments fueled by the rhetoric of politicians, public figures, and online communities. This trend has been coupled with harmful legislation, such as anti-trans bills targeting transgender youth’s access to healthcare and participation in sports7. The prevalence of transphobia in social media discourse exacerbates these challenges, contributing to misinformation, stereotypes, and harmful narratives about transgender individuals. The issue of equal rights for transgender individuals has reached a critical juncture. Unfounded restrictions have emerged, such as Miss Italy’s ban on trans women in beauty pageants based on assigned birth sex8. The International Chess Federation (FIDE) has also banned trans women from women’s events, even though chess does not demand physical prowess9.
This research article aims to comprehensively examine the significance and evolution of the role of transgender women in society, with a particular focus on their current situation in sports tournaments and beauty pageants. Utilizing both qualitative and quantitative methodologies, this study seeks to dispel misinformation and challenge transphobic narratives prevalent in online discourse within these sectors. By centralizing the experiences of transgender women, this research avoids reinforcing a binary framework of comparing the experiences of transgender men and women while seeking to provide a comprehensive and nuanced understanding of the challenges and achievements of the trans woman community. Through literature reviews, surveys, policy analyses, and case studies, this study endeavours to offer insights into the barriers faced by transgender women in sports tournaments and beauty pageants, while also highlighting their resilience, advocacy efforts, and potential pathways for greater inclusion and representation.
To understand why we need equal rights for transgender women, we must look at the waves of feminism and the intersectional aspects that come into play when advocating for women’s rights. Throughout history, women have always been regarded as the secondary sex, reared to serve and please the men in their lives. The three waves of feminism represent a dynamic and evolving movement that shaped the modern understanding of gender equality.
While revolutionary in improving women’s status worldwide, the first two waves were widely criticised for benefitting affluent, educated, white women. With the third wave came the realisation that the pursuit of equality is not straightforward. Feminism will always intersect with various aspects of identity, such as caste, race, and religion, making it incredibly challenging for marginalised women to achieve the same status as their privileged counterparts10.
A fundamental question emerges in light of this history: What about women who were not assigned female at birth? Do they not deserve to lead fulfilling lives on par with their cisgender equivalents? Addressing this question requires a broader discussion on inclusivity and understanding gender identity beyond traditional definitions. It necessitates challenging deeply ingrained biases and recognising the diversity of gender experiences.
The feminist movement (and humanity, by extension) will forever remain incomplete if we sideline the experiences and concerns of trans women, who face some of the most severe forms of oppression within the category of women. To achieve gender equality and justice, feminism must evolve to be more inclusive and intersectional by actively centering the experiences and needs of transgender women. This means addressing issues such as access to healthcare, legal recognition, protection from discrimination, and eradicating stereotypes and stigmas surrounding trans identities.
This section of the article aims to counter the prevalent transphobic discourse in India, which often portrays LGBTQIA+ identities as a negative ‘Western’ influence. By highlighting the historical presence of transgender individuals in Indian culture and society long before colonialism, it seeks to debunk the misconception that these identities are foreign imports. Instead, it argues that fear and hate towards marginalized communities arose as a consequence of Western influence, emphasizing the need to recognize and respect the indigenous existence and contributions of transgender individuals within Indian society.
Hindu mythology is brimming with references of gender variance, with numerous deities and heroes embodying characteristics of both genders in the same person. One striking example is Ardhanarishvara, the result of the union between Shiva and Parvati. This divine being manifests with a right male half and a left female half. Similarly, goddess Lakshmi and her consort Vishnu merge to form the androgynous Lakshmi-Narayana. The Mahabharata introduces Shikandi, King Drupad’s daughter, who exchanged her femininity with a yaksha and lived as a man. Even the revered warrior Arjuna faced a curse, transforming into a kilba, i.e. a member of the third sex. During this time, he adopted the name Brihannala and served as Princess Uttara’s music and dance teacher, daughter of King Virat11.
Historically, terms like napumsaka denote individuals lacking procreative ability, distinguishing them from male and female markers. Early texts in India delved into issues of sexuality and the recognition of more than two biological sexes. Jain texts, for instance, explore the concept of ‘psychological sex,’ focusing on an individual’s psychological makeup, separate from their sexual characteristics – akin to today’s idea of gender identity12.
Pre-colonial India displayed a degree of conditional acceptance for transgender and intersex individuals, who often held respected positions within society. The Hijra community played crucial roles in blessing newborns and newlyweds, and were frequently invited to bestow their blessings at significant life events. They were also influential in the royal courts of the Islamic world, particularly during the Ottoman and Mughal rule in Medieval India. In these roles, they served as political advisors, administrators, generals, and guardians of women’s chambers13.
However, attitudes shifted dramatically with the advent of colonialism, particularly British colonialism. The British propagated the Eugenics theory, once employed by Nazi Germany, to uphold the superiority of cisgender, heterosexual, non-disabled and neurotypical White individuals while deeming non-white populations, including Indians, as ‘inferior.’ The Eugenics theory was instrumental in shaping gender norms, justifying patriarchal ideals and reinforcing racial discrimination. British colonists labelled Brown women as ‘less feminine’ because they had more body hair than white women. They regarded the acceptance of gender non-conforming groups in Indian society as ‘perverted.’ This ideology led to the belief that White people were ‘civilised’ because they embodied ‘pure’ male and female characteristics, in contrast to people of colour, who were perceived as having ‘mixed’ ancestry. This laid the
foundation for White supremacy and rationalised colonialism as a ‘civilising’ mission. As a result, colonisers enforced rigid gender norms, suppressed transgender and intersex identities, and even criminalised gender nonconformity14.
Today, however, Indian laws state that transgender people have a constitutional right to change their legal gender, and a third gender (non-binary) is recognised. The law establishes a two-step process for transgender individuals to legally change their gender. Initially, they must apply for a ‘transgender certificate’ from the District Magistrate based on self-declared identity. Then, they can seek a ‘change in gender certificate’ to officially switch their legal gender to male or female. However, the second step mandates proof of surgery, which is evaluated by the District Magistrate. This grants an extraordinary amount of power to one government office to arbitrate which trans people “qualify” to be recognised as who they are15.
In addition to this, the significant misrepresentation of transgender communities in the media, widespread societal intolerance, and the abuse of the limited privileges granted to trans women collectively create a grim and challenging environment for the trans community. This clearly shows us how the legacy of British colonialism continues to impact India today, with transgender and intersex communities, including the Hijras, facing ongoing struggles for acceptance and equal rights.
Understanding the historical context and struggles faced by transgender individuals is pivotal to grasping the ongoing discourse surrounding equal rights for trans women. This article focuses on two areas, sports and beauty pageants, where the debate is especially heated today. Our goal is to trace the origins of these biases and debunk their unfounded nature. This article also emphasises the need for research to shape inclusive policies, emphasising that imposing unwarranted regulations on trans women not only perpetuates transphobia but also obstructs opportunities for further inquiry.
There has been a notable shift in beauty pageants in recent decades towards greater inclusivity, challenging traditional notions of beauty standards and gender. 2012 was a milestone year for transgender activism and beauty pageants, when Jenna Talackova was crowned Miss Congeniality at the Miss Universe Canada pageant. This marked one of the first instances of a transgender contestant participating in mainstream beauty pageants, raising hopes for similar opportunities worldwide16.
This revolution has gained momentum recently, with the historic victory of Rikkie Kolle, a transgender woman, as Miss Netherlands17. Additionally, for the second consecutive year, a transgender woman reached the finals of Germany’s national pageant. Miss Universe Puerto Rico has also announced the inclusion of its first openly transgender contestant, contributing to a trend of top pageants over the past three years of becoming more open to transwomen contestants.
Unsurprisingly, these positive developments have encountered significant transphobic resistance. An example from last year saw a U.S. judge dismissing the appeal of Anita Green, a transgender woman who had sued The Miss United States of America pageant for excluding her. Furthermore, the Miss Fabulous Laos 2022 beauty pageant, which welcomed transgender women, was discontinued after the country’s ruling party banned transgender individuals from participating in any beauty pageants18.
More recently, Miss Italy introduced a contentious rule immediately after Kolle’s victory, banning transgender contestants and requiring participants to be “a woman from birth.” Patrizia Mirigliani, the Official Patron of the contest, stated that beauty competitions promote inclusivity merely for publicity and that Miss Italy would not join the trend of trans activism19.
It’s worth examining the regulations surrounding cosmetic surgery and makeup in beauty pageants. Notably, there are no restrictions in place for delegates in these areas, raising questions about fairness. While enforcing such rules would likely be impractical, it’s essential to consider the implications20. When cisgender contestants are free to enhance their appearances through makeup and surgery, it raises concerns about differential treatment for transgender contestants. Are these dictates genuinely about ensuring fairness, or do they serve as a means of exclusion and oppression? These regulations, often justified under the guise of fairness, can perpetuate gatekeeping norms that lead to exclusion and oppression.
The debate about transgender contestants in women’s sports is more complex. Individuals assigned male at birth have higher testosterone levels, associated with higher muscle mass and better athletic performance. These were reasons stated by both the World Athletics Council21 and the International Swimming Federation22 to justify their ban on transgender individuals participating in women’s sports.
The story of Lia Thomas, the first transgender athlete to win the Division-I national championship of the NCAA (National Collegiate Athletics Association), has often been invoked by conservatives in such debates. Her critics compare her previous records when she competed in men’s races before transitioning, claiming that she transitioned solely to gain the upper hand in the women’s category. Given the complexity and time commitment involved in transitioning, it is implausible to suggest that someone would undergo this process solely to achieve better rankings in competitive sports. Transitioning is a deeply personal journey that goes beyond athletic performance. Individuals choose to transition primarily to align their physical characteristics with their gender identity rather than for competitive advantage.
Besides, reports show that Thomas’ earlier times in men’s events were slower but did not fall far outside the typical gender gap in NCAA swimming records. For the 200-yard race, the gap is approximately 11.2%; for the 500-yard race, it’s around 7.2%; and for the 1,650-yard race, it is about 6%. While improved from past times, Thomas’ performance is consistent with these established norms, in addition to the fact that an athlete can improve her speed and agility in a few years23.
Most importantly, unlike the Olympics, the NCAA does not impose strict testosterone limits but only requires one year of hormonal suppression. This regulation was implemented in 2011 and has yet to be updated since, suggesting that there are opportunities for further research to execute more relevant and fair measures24.
Drawing parallels from the past, similar attempts to discredit successful athletes from marginalised communities have occurred, like downplaying the achievements of Black athletes by attributing them to genetic superiority. Some have even proposed a return to the “separate but equal” line of thought by suggesting that transgender athletes be segregated into their own leagues. Separate is not equal – such policies would likely result in the same or worse disparities that female athletes already contend with, including fewer accolades, limited media coverage, and lower pay25.
Also, the scientific basis for equating testosterone with athletic advantage is questionable, as studies show inconsistent links between testosterone levels and performance, making the bills premised on this notion scientifically weak26. It is also imperative to note that transgender girls are not the only girls with high testosterone levels. An estimated 10 per cent of all women have polycystic ovarian syndrome, which results in elevated testosterone levels. They are not banned from female sports. The concerns about transgender girls dominating sports leagues have proven to be unfounded. The public should instead redirect attention to tackling the troubling rates of anxiety, depression, and suicide attempts within this community.27
Instead of separate leagues or separate evaluations within the same league, a more equitable approach could involve defining ideal testosterone levels for women athletes, allowing all who meet the criteria to participate, regardless of cis or trans identity. The International Olympic Committee (IOC) restricts all athletes from competing in the female category unless they lower their natural testosterone levels below 10 nmol/L, and the additional requirement of these levels being maintained for at least 12 months before competition was added. The Olympics have had trans-inclusive policies since 2004, but no transgender athlete has qualified yet28.
However, implementing ideal testosterone levels as a criterion for participation in elite sports raises various challenges. One concern is the complexity of defining universally applicable “ideal” levels, as individual responses to testosterone can vary. The logistics of imposing such restrictions are immense, as each sport encompasses unique dynamics. Implementing uniform standards in diverse sporting contexts could lead to subjective assessments and potential controversies regarding which tournament adheres more ‘justly’ to these rules. These challenges, while complex, are not impossible to overcome. The trans-inclusive policies of the Olympics can serve as a valuable model for developing similar guidelines in other sports tournaments.
Ensuring fairness in competition while accommodating diverse gender identities requires careful consideration and ongoing dialogue. The medical and scientific communities need to provide input to help guide the creation of such rules, especially with hormone therapy expansions and increased research into the relationship between testosterone levels and athletic performance29. Excluding transgender individuals without robust scientific evidence on the effects of testosterone, surgery, and hormone therapy not only hinders empowering a significant number of women but also obstructs further research for formulating inclusive policies in the future.
Transgender women, integral to the feminist movement, are shattering barriers in beauty pageants and sports, highlighting the intersectionality of their rights with feminism. These journeys illuminate the transcendence of beauty and athleticism beyond binaries. While significant progress has been made, the journey has only begun. Transphobic forces, including those in positions of power, persist globally, necessitating a united effort to attain true equality and equity.
The claim of trans women possessing ‘unfair advantages’ falls flat when considering the persistent underrepresentation of trans women in sports. Transgender individuals make up less than 1% of the global population30, which in itself is a very small minority and cannot be predicted to ‘take over’ sports and beauty pageants, a misinformed opinion prevalent in social media discourse. Each year, around 2.5 million women participate in roughly a hundred thousand different pageants31. If true equality of transgender individuals were achieved, we would see around 25,000 trans women participating in these events. However, the number of transgender delegates in these pageants are few and far between. The Olympics boasts over 5000 women participants annually32. The expected number of trans women Olympians, in an ideal scenario, should be 50. However, the reality shows only one trans woman participating in the women’s category in 202133. Even with the NCAA including trans women in their policies for over a decade, only two transgender women have emerged as champions.
It is crucial to grasp that the struggle is not about transgender domination but rather about achieving fairness in participation. The idea that transgender women would ‘infest’ or ‘dominate’ sports and beauty is not just baseless but also unscientific, considering their minute proportion in the global population and within the realm of these tournaments themselves. Transgender individuals, alongside their families, lawyers, and social activists, have strived for accurate representation for decades- a fundamental right that deserves to be met for all people, regardless of where they come from.
In conclusion, transgender women do not threaten women’s sports and beauty pageants – transphobia does.
Compiled by Samyuktha Vijay
Research And Analysis
Hibiscus Foundation
