SPORTS
Semenya Loses Appeal
Testoserone trips up Olympic track star
Caster Semenya said she is keeping her options open after her latest legal setback.
BY MATT TRACY
Out lesbian South African
Olympic gold medalist
Caster Semenya
lost her appeal of World
Athletics’ testosterone rules in
Switzerland’s Supreme Court on
September 8 in a ruling that will
likely prevent her from defending
her 800-meter title at the Tokyo
Olympics next year.
Semenya, 29, has put up a yearslong
legal battle against discriminatory
physical regulations that
have directly targeted her and the
specifi c competitions she tends to
participate in. She has long faced
racism and invasive sex testing.
The latest legal fi ght stemmed
from a 2018 announcement by the
International Association of Athletics
Federation (IAAF), which
is now known as World Athletics,
stipulating that new rules would
require women athletes with naturally
high levels of testosterone to
reduce their testosterone levels in
order to compete. Those new rules
were implemented in races including
the 800-meter competition,
which she won during the 2012
and 2016 Olympics.
The rules have drawn criticism
from the Offi ce of the United Nations
High Commissioner for Human
Rights, which rejects the testosterone
regulations.
Semenya has maintained that
her testosterone levels are natural.
However, under World Athletics’
REUTERS/ IBRAHEEM AL OMARI
rules, she would be forced to take
medication to reduce her testosterone
levels. Last year, Semenya lost
her case in the Court of Arbitration
for Sport (CAS), which admitted
that the new rules discriminated
against her but said “such discrimination
is a necessary, reasonable,
and proportionate means
of achieving the legitimate objective
of ensuring fair competition in
female athletics in certain events
and protecting the ‘protected class’
of female athletes in those events.”
The Swiss Supreme Court affi
rmed the CAS ruling on September
8, saying that the court had
“the right to uphold the conditions
of participation issued for female
athletes with the genetic variant 46
XY DSD in order to guarantee fair
competition for certain running
disciplines in female athletics.”
“I am very disappointed by this
ruling,” Semenya said in a written
statement. “But 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.”
Semenya is not giving up. She
has fl oated the possibility of competing
in the 200-meter competition
at the Tokyo Olympics next
year since it is not restricted by the
same hormone rules. Semenya’s
attorneys also noted that she is
“considering all of her options internationally
and domestically.”
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