Protecting Women’s Sports: Should Eligibility Be Based on Sex at Birth?

By John Mullen

The question of who should be eligible to compete in women’s sports has become one of the most controversial issues in athletics. The central concern is how sports organizations can protect fair competition and opportunities for female athletes while establishing clear eligibility standards.

During her 2022 Supreme Court confirmation hearing, then-Judge Ketanji Brown Jackson was asked by Senator Marsha Blackburn to define the word “woman.” Jackson responded that she could not provide a definition in that context because she was not a biologist.

That exchange continues to be part of the larger debate over sex, gender identity, and athletic competition.

A Simple Standard for Women’s Sports

One potential approach is to base athletic eligibility on biological sex rather than gender identity.

Under this approach, female athletes would compete in women's sports based on their sex at birth, while male athletes would compete in men's sports. Supporters argue that this provides a clear and consistent standard for protecting women's athletic opportunities.

The issue is particularly important because athletic competition involves physical characteristics that can affect strength, speed, endurance, and performance.

The IOC Is Addressing the Issue

The International Olympic Committee announced a new Policy on the Protection of the Female (Women’s) Category in Olympic Sport in March 2026. The policy reflects the IOC's effort to address eligibility and protect the integrity of women's competition. IOC President Kirsty Coventry has also made protection of women in sport part of the organization's current direction.

Other sports organizations will ultimately have to determine their own policies.

The WNBA, NCAA, and other athletic organizations have an opportunity to provide clear standards that athletes, coaches, and fans can understand.

Protecting the Future of Women’s Athletics

Women fought for decades to establish equal opportunities in education and athletics. Protecting those opportunities should remain a priority.

A straightforward policy based on sex at birth would, in my view, eliminate much of the uncertainty surrounding eligibility and give female athletes confidence that their competitive category is protected.

The debate will undoubtedly continue, but sports organizations should not be afraid to establish clear rules.

Fair competition requires clear standards, and protecting women's sports should remain the priority.

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