Transgender powerlifter JayCee Cooper is suing USA Powerlifting, the sport’s biggest U.S.-based organization, after it barred her from competition on the basis of her gender identity.
“It came as a surprise to me that when I applied to compete at my first competition, I was told that I couldn’t compete specifically because I’m a trans woman,” Cooper said at a news conference Tuesday. “I was gutted. I had been training for months and up until that point had experienced so much love and community around the sport.”
Cooper’s lawsuit, filed Tuesday in Minnesota state court by the Minnesota-based advocacy group Gender Justice, asserts that in banning Cooper and other trans athletes, USA Powerlifting, or USAPL, is in violation of the Minnesota Human Rights Act.
The suit also notes that other powerlifting and athletic organizations — on the local, national and international levels — have measures that allow transgender women to participate.
JayCee CooperCaroline Yang / for NBC News
The International Olympic Committee adopted guidelines in 2015 permitting trans women to compete if their testosterone remains below a certain level for at least 12 months. The International Powerlifting Federation, the parent organization of USA Powerlifting, adopted the IOC’s guidelines, but the international group doesn’t mandate that its national affiliates follow them.
Cooper’s lawsuit says she was rejected from competing even though she provided documentation that her testosterone levels had remained under the IOC’s accepted limit for two years.
“USAPL denied Ms. Cooper’s eligibility to compete because she is a transgender woman, withdrew her competition card because she is a transgender woman, and then went on to adopt a categorical ban on participation by transgender women athletes at USAPL competitions,” the lawsuit says. “USAPL discriminated against JayCee Cooper, and continues to do so, because she is a transgender woman.”
In a statement emailed to NBC News on Wednesday, USA Powerlifting said it “is aware of the public notice made on the Gender Justice website but are not in receipt of any formal filing at this time. We dispute the allegations and look forward to the opportunity to present the facts within the legal system.”
‘Powerlifting is not a fit for every athlete’
USA Powerlifting didn’t have established guidelines about transgender athletes until January 2019, around the same time it informed Cooper that she couldn’t compete.
“USA Powerlifting is not a fit for every athlete and for every medical condition or situation,” the organization’s Transgender Participation Policy states. “Simply, not all powerlifters are eligible to compete in USA Powerlifting.”
The policy says USA Powerlifting is a “sports organization with rules and policies” that “apply to everyone to provide a level playing field.” In a question-and-answer section about trans women’s inability to compete, the organization says powerlifting is a “sport of strength,” as opposed to a “sport of skill.”
“Men naturally have a larger bone structure, higher bone density, stronger connective tissue and higher muscle density than women,” it says. “These traits, even with reduced levels of testosterone do not go away. While MTF [male-to-female] may be weaker and less muscle than they once were, the biological benefits given them at birth still remain over than of a female.”
A study published last month in the British Journal of Sports Medicine found that transgender women maintain an athletic advantage over their cisgender peers even after a year on hormone therapy. After two years, however, transgender women were “fairly equivalent to the cisgender women,” according to the study’s lead author. The findings were based on physical assessments of transgender military service members, not competitive athletes.https://www.instagram.com/p/BtHkZavluSv/embed/captioned/?cr=1&v=8&wp=1116&rd=https%3A%2F%2Fwww.nbcnews.com&rp=%2Ffeature%2Fnbc-out%2Ftransgender-athlete-sues-usa-powerlifting-over-competition-ban-n1253960#%7B%22ci%22%3A0%2C%22os%22%3A825.0000000000001%2C%22ls%22%3A801%2C%22le%22%3A821.0000000000001%7D
Golfer Justin Thomas apologized Saturday for using a homophobic slur after he missed a shot.
A microphone picked up Thomas using the slur after he didn’t land a putt during the third round of the Sentry Tournament of Champions in Hawaii.
“There’s absolutely no reason for me to say anything like that. It’s terrible,” Thomas told the Golf Channel after the round. “There’s just no excuse.”
Thomas, who could not be immediately reached Sunday, told the Golf Channel the comments do not reflect who he is and said he is “very apologetic.”
“As he expressed after his round, we agree that Justin’s comment was unacceptable,” the PGA Tour said in a statement Sunday.
The Human Rights Campaign, the nation’s largest LGBTQ rights group, condemned the slur. “This type of discriminatory language causes real harm, and there is no place for it in sports. We must continue to work for greater inclusion and acceptance,” the HRC’s president, Alphonso David, said on Twitter.
Thomas, 27, is a former world No. 1 golfer and has won more than 10 PGA Tour events.
After training for hours on end, year after year, some women athletes – particularly those competing on the world stage – are getting their careers and successes ripped away because of “sex testing,” practices, which are invasive and medically unnecessary procedures based on disputed science that dictates what “natural” testosterone levels can be for women, and the role it plays in performance. Women from the global south are disproportionately targeted. Sporting officials demand that these women undergo irreversible sterilization surgeries or hormone therapies to have a chance at competing again. Philippa Stewart spoke to Dr. Payoshni Mitra, who has worked for years with affected athletes, about a new Human Rights Watch report, “‘They’re Chasing Us Away from Sport’” and why these tests have to end.
What is it that singles women out?
Often it is just that they look different, less “feminine” than men, and it often is men, in charge of the national or international sports federations, who think they should.
These policies disproportionately target women from the global south, specifically black and brown women. It is important to note that there aren’t any similar rules governing men’s bodies.
There is evidence of research studies by doctors affiliated to the World Athletics where women’s bodies have been investigated and operated on. They treated these women like guinea pigs. They would not have done this to an athlete from Europe or America.
Do the athletes give consent to be tested?
Not informed consent. They are normally not told exactly why they are being tested or what is going to happen. In the case of one athlete, she was told it was about high performance, others are told various things that aren’t true.
There is also no privacy, the coach is there when the physical exams are done. Then the women are pressured into surgery or hormone therapy as the only ways they could possibly be allowed to compete in their preferred event.
Often these women start competing because the prizes are a way to survive, to pull their family out of poverty. They love sports and see it as the thing that can change the fate of their family. And then suddenly they are told they don’t have a chance unless they take irreversible medical steps.
They are also told not to talk about it and to come up with some excuse about why they are not competing. This creates a feeling of shame for them, like there’s something wrong with them and they shouldn’t talk about it. It makes them feel inadequate, like they’re not the “correct” kind of woman. Athletes told me it feels like a way of telling them they aren’t good enough.
Are doctors willing to perform these tests without consent?
This isn’t a normal doctor-patient relationship. The athletic federations that are directly connected to the doctors are both requesting the invasive treatment and being given information by the doctors about the athletes. The athletes don’t have any autonomy around this process. Their medical information is passed on from the doctor to the athletic federation that decides their future and whether they will be allowed to compete.
Some people believe that if a woman doctor performs the test then it is fine. But it isn’t necessarily so. It is still an extra pair of eyes and hands on your body in a way you haven’t consented to. That is not fine.
The women are told not to speak about it because of “confidentiality,” but this protects the federations and the people performing the tests and not usually the athletes.
The World Medical Association has said these tests shouldn’t be performed. Has that made a difference?
Honestly, no. The WMA made it clear that the sex testing regulations are unethical and instructed doctors not to implement them. But the doctors are not controlled by medical authorities, they do what their collaborators – the athletic federations – tell them to do, and they follow what the international bodies say. There needs to be a change in sporting policy at the international level for these harmful practices to stop.
What happens after women are told they can’t compete?
Often these women start competing because of the prizes. Sometimes the prize is some food, and one woman told me she won a cow as a young girl, which meant her family could have milk every day. Sport, competing for the national team, it’s something to aim for because it pulls you out of poverty, it helps your family. Athletes in many countries get lifetime government jobs after they finish competing if they did well and brought pride to their country.
These policies disproportionately target women from the global south, specifically black and brown women. Dr. Payoshni Mitra
When that goes away, often the woman’s family stops supporting them. Especially because there are all these rumors around why they had to stop competing – that there is something shameful about them. These women can lose their support network overnight and they don’t even get told exactly why.
There are also long-term effects for these women if they try to stay in sports. They are constantly under scrutiny, they start to feel unsafe, people gossip about them constantly. It is a very hard thing to deal with when no one has told you why it is happening in a way that you understand.
South African runner Caster Semenya is probably the most famous case of gender testing. Is that where most people’s knowledge of these examinations comes from?
I am privileged to know Ms. Semenya, and she is a wonderful and extremely resilient champion, both on and off the field, who has a very important story to tell. But she is not the whole story. She was already at the top of her career when this happened and people are, rightly, rallying around to support her. She has support in a way that a lot of these women, at the start of their careers, often young and alone and not aware of their rights, do not have. It is, to my mind, a good thing more people are aware of these horrific tests now, but even with that, people don’t realize how many women it affects and what they go through, what they have to overcome.
She is a wonderful champion, but the media should highlight other stories too, of the women who don’t rise to those heights. The women who are just mid-level, proud to represent their country, and trying to build a better life, and then they have it ripped away.
What can be done to protect those women?
Education on rights – many athletes didn’t even know that the court of arbitration for sport existed, let alone that they could take their case there. I have been working with women athletes for years trying to make them aware of their rights. It is no coincidence that these policies affect women from poorer countries, where they don’t have the same level of awareness about their rights.
I advise athletes not to allow federations to communicate with them verbally. It is important to have evidence of what the federations ask athletes to do in writing. If they ask for every communication to be in writing, federation officials realize that they must take that athlete seriously and treat her respectfully.
Women are now challenging these policies in courts of law, both national and international. This is a recent development and it makes me happy to see that more and more women athletes from Asia and Africa are becoming conscious of their rights.
What about the testing policies?
They need to end. At a national level, and at an international level. There are some women who compete nationally, and then just as they are about to make it to the international stage, they get tested and dropped. There’s major downstream impact from the global regulations. That’s because the national federations or sport ministries see these international federation policies and think they have to test first. All levels of sport need to stop these tests now.
Is there anything that makes you hopeful things can change for the better?
These women have been scrutinized for so long and now, finally, that is being switched and it is the federations dealing with scrutiny for what they have done.
This report is the first time the world is truly hearing the voices of some of the women affected by these policies. Annet Negesa, the Ugandan runner who was sex tested and ruled ineligible, broke her silence for first time in an interview to Human Rights Watch last year. That was incredibly brave. Finally, after more than a decade of work, the world is paying attention.
I believe it is extremely powerful that all the affected athletes I am working with are now refusing harmful medical intervention. Dutee Chand and Caster Semenya have spoken openly about not succumbing to any pressure of taking medical steps. They have inspired athletes across the world to switch to a completely new, unrestricted event, rather than consent to these harmful and irreversible medical interventions. Switching events often outs them as having high testosterone. But that is not deterring them. It is a clear message to the World Athletics: “Enough is enough.”
South African runner Caster Semenya has been forced to take her Olympics fight to the European Court of Human Rights after being told she can’t compete without altering her natural hormones.
Intersex athlete and Olympic gold medallist Caster Semenya has held back time and time again, having been repeatedly barred from competing in women’s sport unless she modifies her testosterone levels.
World Athletics imposes hormone restrictions in women’s events from 400 metres to the mile, and last year tightened the restrictions even further.
The Swiss Federal Supreme Court ruled that in order to compete in events between 400 metres and a mile, she must take hormones to reduce her natural testosterone levels – or else be considered illegible.
She said at the time: “I refuse to let World Athletics drug me or stop me from being who I am.
“Excluding female athletes or endangering our health solely because of our natural abilities puts World Athletics on the wrong side of history.
“I will continue to fight for the human rights of female athletes, both on the track and off the track, until we can all run free the way we were born. I know what is right and will do all I can to protect basic human rights, for young girls everywhere.”
Refusing to back down, Semenya has now decided to take her case to the European Court of Human Rights in Strasbourg.
According to Reuters, her lawyer Greg Nott said in a statement: “We will be taking World Athletics to the European Court of Human Rights. We remain hopeful that World Athletics will see the error it has made and reverse the prohibitive rules which restrict Ms Semenya from competing.”
Alongside her dazzling athletic career, Semenya has become a role model for queer people around the world in her fight for equality.
Her foundation, the Caster Semenya Foundation, supports and financially empowers girls and young women, and has invested money into a menstrual cup company to help young people stay in school while on their periods.
The chair of England’s Football Association, Greg Clarke, has resigned after referring to ‘coloured footballers’ and saying being gay is a ‘life choice’ in front of parliament.
Clarke was, until yesterday, the chair of the Football Association (FA), which governs association football in England, Jersey, Guernsey, and the Isle of Man.
On Tuesday (10 November), Clarke attended a parliamentary hearing with the Department for Digital, Culture, Media and Sport via video call.
But when answering questions from MPs on diversity in English football, he made a series of offensive and outdated comments about Black people, South Asian people, gay people and women.
Discussing online abuse, Clarke told MPs: “If I look at what happens to high-profile female footballers, high-profile coloured footballers and the abuse they take on social media… social media is a free for all, and people can see if you’re Black, and if they don’t like Black people because they’re filthy racists, they will abuse you anonymously online.”
mmediately after his comments, he was asked by the committee whether he would like to apologise for his use of the term “coloured”.
Clarke said he “deeply apologised” but insisted he has “worked overseas” and added: “Sometimes I trip over my words.”
But his comments about race were not over.
Asked about the lack of Asian footballers in English football, Clarke insisted that compared to “Afro-Caribbean communities”, “South Asians… have different career interests”, and were more likely to work in “the IT department at the FA”.
He said: “What I would want to do is to know that anybody who runs out onto the pitch and says on Monday, ‘I’m gay and I’m proud of it and I’m happy and it’s a life choice’… they would have the support of their mates in the changing room.”
Clarke also claimed that “the women’s game is different” because “girls… just don’t like having the ball kicked at them hard”.
Lou Englefield, director of the international campaign Football v Homophobia, said in a statement responding to Clarke’s comments: “The idea that being gay is a life choice is an outdated concept that many people will find deeply offensive.
“There are some people who will use a statement like this from the FA chairman as a way to prop up their homophobia.
“We are deeply disappointed that the FA has expressed this opinion alongside sexist opinions about girls and the use of racist language and stereotypes.”
Dan Palmer has come out as gay, becoming the first Wallabies player and just the second men’s international to do so.
In a moving column for the Sydney Morning Herald, the 32-year-old Australian former rugby union player described his mental health problems and drug abuse as he struggled to accept his sexuality, revealing that he regularly cried himself to sleep and even contemplated suicide.
“I was incredibly frustrated, angry and desperately sad. I despised myself and the life I was living. I was trapped in a false narrative and could see no way out,” he wrote. “Most nights, I cried myself to sleep and routinely numbed myself with a heavy cocktail of opioids.
“I fantasised about disappearing, changing my name and starting my life all over again. It is not an exaggeration to say my own death felt preferable to anybody discovering I was gay.”
After years of emotional turmoil, Palmer said he was partly prompted to come out in response to “the ignorance of Israel Folau”.
Folau was sacked from the New South Waratahs in disgrace last year for his persistent homophobic remarks, including the claims that “hell awaits” gay people and the Australian bushfires are “God’s judgment” for same-sex marriage.
Folau launched a $14 million wrongful dismissal lawsuit against Rugby Australia and eventually received a hefty settlement and an apology from his former employer. The disgraced player has now signed a new deal to play for the RFL Super League team Catalans Dragons.
His explosive comments led Palmer to reflect on how homophobia is internalised by young players, which was a contributing factor in his decision to write the column.
Dan Palmer: ‘Israel Folau will never see the impact he has had on these young people, but if he could, I doubt he could live with himself.’
Dan Palmer continued: “Although it wasn’t the primary impetus for me doing this, the longer the Folau saga dragged on, the more I felt a responsibility to say something.
“To me, what is more important than the damage he has caused rugby is the deep impact he has undoubtedly had on kids who looked up to him, and who struggle every day with understanding their sexuality.
“He will never see the impact he has had on these young people, but if he could, I doubt he could live with himself.”
New Hampshire’s Franklin Pierce University has agreed to abolish its trans-inclusive policy for athletics, after pressure from the Trump administration and anti-LGBT+ activists.
The university agreed to ditch its trans inclusion policy under an agreement on Saturday (October 17) to head off an investigation by the Trump Department of Education’s Office of Civil Rights, which has previously been accused of “extorting” school districts into dropping trans-inclusive policies.×
Under the agreement, the university will rescind its policy permitting transgender athletes to compete in the correct gender category, which was in line with national standards set by the National Collegiate Athletic Association (NCAA).
The university said in a statement to Outsports: “Franklin Pierce University is committed to an inclusive environment for all of its students.
“We regret that we were required to rescind the transgender participation and inclusion policy we adopted and put forward based on the NCAA’s model, but have made this move to comply with a resolution agreement with the US Department of Education’s Office for Civil Rights.”
The university adds: “Franklin Pierce University and the Department of Athletics will continue to support all students and student-athletes.”
Anti-LGBT+ activists are thrilled with the move.
In addition to legal action from the Trump administration, the university had also been facing legal action from Concerned Women for America, a listed anti-LGBT+ hate group which has previously claimed that same-sex marriage “entices children to experiment with homosexuality” and that homosexuality “carries enormous physical and mental health risks”.
CWA head Penny Nance was jubilant about the university’s climbdown, claiming in a release: “This resolution agreement is the first victory for college female athletes being forced to compete on an unfair playing field against males claiming transgender status and competing in women’s sports.”
Nance added: “Transgender policies have turned Title IX on its head, denying the rights of women and girl athletes to compete only against athletes of the same sex and threatening the future of women’s sports. Federal action against Franklin Pierce University is a warning shot to the NCAA and every college and university in America to back off policies that discriminate against female student-athletes and restore fairness and equity in women’s sports.”
Of course, by abolishing recognition of transgender students, female athletes could now face the risk of being forced to compete against burly transgender men, as they are in other anti-trans areas.
San Diego’s professional soccer team walked off the field during a match that it was winning on Wednesday after an opposing team member allegedly hurled a homophobic slur at an openly gay player.
The San Diego Loyal SC said a member of Phoenix Rising “used a homophobic slur directed at Collin Martin.”
Phoenix Rising said in a statement that it is “investigating the claim of a homophobic slur being used by one its players who has vehemently denied these allegations. Phoenix Rising stands with the USL in rejecting and punishing any homophobic behavior.”
The United Soccer League also said it is looking into the alleged bigotry.
“Foul and abusive language of any type has absolutely no place in our society and will not be tolerated in USL matches,” the league wrote in a statement late Wednesday. “An investigation is currently underway to determine the facts surrounding the incident and more information will be provided as soon as it is available.”
“We don’t even want to recognize being a part of a match where these types of actions take place,” the San Diego team’s chairman, Andrew Vassiliadis, said in a statement at the time. “The Loyal in our name is symbolic of the diversity in our community and as a club we will not stand for this.”
The team’s head coach, Landon Donovan, said that the past week since the Sept. 23 incident has been difficult for the team.
“I understand that most people watching from afar probably don’t really get it, but we’ve been living it,” he said. The club made a vow “that we would not stand for bigotry, homophobic slurs, things that don’t belong in our game.”
He acknowledged that forfeiting Wednesday’s match would likely mean the Loyal SC would not make the playoffs, but, he said, “There are more important things in life, and we have to stick up for what we believe in.”
The U.S. Department of Education is threatening to withhold some federal funding from Connecticut school districts if they follow a state policy that allows transgender girls to compete as girls in high school sports.
In response to a complaint filed last year by several cisgender female track athletes who argued that two transgender female runners had an unfair physical advantage, the federal agency’s office for civil rights determined in May that Connecticut’s policy violates the civil rights of athletes who are not transgender.
Bloomfield High School transgender athlete Terry Miller, second from left, wins the final of the 55-meter dash over transgender athlete Andraya Yearwood, far left, and other runners in the Connecticut girls Class S indoor track meet at Hillhouse High School in New Haven on Feb. 7, 2019.Pat Eaton-Robb / AP file
School districts including New Haven, as well as the Capitol Region Education Council, were asked around the beginning of September to sign a document to receive grants from a program for magnet schools that states they will “not participate in any interscholastic sporting events” unless the Connecticut Interscholastic Athletic Conference changes its policy on transgender athletes.
The Federal Magnet Schools Assistance Program Grants are worth about $3 million a year to New Haven and the education council.
The athletic conference has said its policy is designed to comply with a state law that requires all students to be treated as the gender with which they identify.
But the U.S. Education Department’s Office for Civil Rights argues the policy violates the civil rights of girls who are not transgender under Title IX, the federal law that guarantees equal opportunities in education.
The department did not immediately respond Thursday to a request for comment.
New Haven Mayor Justin Elicker said his city could lose the final two years of funding for its five-year magnet school grant federal when the federal fiscal year ends this month.
“It would basically mean that New Haven schoolchildren would have less access to educational opportunities,” he said. “There are teachers and administrative staff that support our program that are fully funded by this grant.”
He and Timothy Sullivan Jr., the superintendent of schools for the education council, said they have no intention of signing the document.
“It is unconscionable that the federal government would threaten to take away funds that support Hartford area children during a pandemic, and we will fight to keep the money in our community,” he said. “However, no amount of money will deter us from accepting all children for who they are and providing equitable access to programs and services.
The state’s congressional delegation also sent a letter Thursday to Kimberly Richey, the U.S. Education Department’s acting assistant secretary for civil rights, calling the department’s action “an unprecedented overreach.”
“This case is anything but normal, and it is clear that OCR is unwilling to enter conversations with (grant) recipients, even to discuss reasonable options such as waiting until the court ruling on CIAC’s policy,” the delegation wrote.
The dispute over transgender participation in Connecticut high school sports is the subject of a federal lawsuit, filed in February by cisgender track athletes who argue they were denied championships and potential college scholarship opportunities as the result of having to compete against two transgender girls.
The ACLU of Connecticut, which is representing the transgender athletes, said the Trump administration is trying to pressure schools into denying transgender athletes an opportunity to compete.
“It’s incredibly mean spirited,” said Dan Barrett, the ACLU of Connecticut’s legal director. Connecticut Attorney General William Tong declined to say how the state will respond but said he is working with the school districts to secure their magnet school funding.
“Neither federal law nor Connecticut law tolerates discrimination against transgender students,” he said. “Transgender girls are girls, and the Office of the Attorney General will continue to protect every woman and girl in this state against discrimination.
Tokyo will open Pride House, Japan’s first permanent such center, next month to raise awareness of LGBTQ rights before and during the rearranged Olympic Games in 2021.
Although there have been similar initiatives before previous Games, organizers said Pride House Tokyo, which will open its doors on International Coming Out Day on October 11, is the first to get official International Olympic Committee backing.
“Pride House Tokyo aims to educate the world and also Japan of the difficulties the LGBTQ community has playing and enjoying sports … while helping create a safe space for the community too,” Pride House Tokyo said in a statement on Monday.
“Many people might think that Japan is a human rights defender, but actually there are no laws to protect LGBTQ people.”
GON MATSUNAKA
It is traditional for most nations competing at the Olympics to have a hospitality “house,” where they promote their country and hold parties for winning athletes.
Gon Matsunaka, the head of Good Aging Yells, one of the organizations supporting the project, said Japan lags behind many other developed nations when it comes to LGBTQ rights.
“Many people might think that Japan is a human rights defender, but actually there are no laws to protect LGBTQ people,” Matsunaka told Reuters via email.
“Society is filled with prejudice, discrimination and harassment towards LGBTQ community.”
“While we have to change the sports arena, we also hope Pride House Legacy can help change society as a whole as well.”
Gay marriage is illegal in Japan and although about two dozen cities, towns and wards issue same-sex partnership certificates, they lack legal standing and prejudice persists.
Fumino Sugiyama, a transgender man and former fencer for the Japanese national team, said little had changed in 15 years since retiring from professional sport.
“Even now looking around, there are few LGBTQ athletes that live their lives openly and that is the reality here in Japan,” Sugiyama told a news briefing to launch Pride House Tokyo.
