Jon rejects a cost-benefit analysis - the oft-repeated ‘balance’ of safety v fairness v inclusion:
‘What amount of ‘fairness’ ought to be sacrificed for what amount of increase in ‘inclusion’?’
Instead, Jon argues that World Rugby (and other ‘combat’ sports) have a special duty to manage risk:
‘[I]t is particularly incumbent on World Rugby to be alert to increased risk, and to oppose any increased risk that is not an ineliminable part of the essence of the game.’
That is, if you regulate a sport that is inherently risky - indeed, as for rugby, where risky play is the very essence of the game - you have an ethical obligation to limit risks.
He draws a nice parallel with World Sailing, who have a special duty not to minimise the risk of one body crashing into another but to minimise the risk of a body falling into water.
Thus, Jon argues that this special duty to minimise risk in rugby acts as a first line filter, and it is only once safety concerns are satisfied can one begin to evaluate fairness and inclusion claims.
He also, importantly, points out the inherent asymmetry of potential harm:
‘[I]f female rugby players have done nothing to deserve the harms of unfairness or the harms of increased risk, then it cannot be reasonable or tolerable to visit those harms upon them.’
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What is absolutely remarkable about the brief is that it is an equally good argument for protecting sports for females. One could almost regurgitate it, replacing just a few words, and submit it in *defence* of HB500.
Anyone wishing to spot changes from our pre-print:
1. We included a section on pre-pubertal differences (that is, even young boys outperform young girls, thus the performance gap is not solely down to pubertal T).
2. We extended our analysis of CV capacity changes and potential impact on endurance performance (although we had acknowledged a likely effect, we have drilled deeper into mechanism).
@MondayStory The words ‘male’ and ‘female’ have scientific definitions, and describe reproductive biology related to ones role in propagating the species (for almost all complex species on earth).
@MondayStory My husband and I, for example, have qualitatively-different roles and, correspondingly, qualitatively-different reproductive anatomy.
The word to describe my body type is ‘female’. The word to describe his is ‘male’.
@MondayStory Now, if you are going to say that both of us can be described, in some context, as ‘female’, then the word ‘female’ no longer describes my reproductive anatomy or any specific medical needs I have, and it decouples humans from standard nomenclature across evolutionary space/time.
"In the 1920s, in concert with many other American states, the Tennessee House of Representatives passed the Butler Act, making it illegal for state public schools to: “teach any theory that denies the Story of the Divine Creation of man as taught in the Bible.”
In other words, this law banned schools from teaching the theory of evolution.