With Likely Olympic Implications, CAS Issues Ruling Against Caster Semenya

Olympic champion runner Caster Semenya will have to suppress her testosterone levels in order to compete in her signature events, or compete against men, the Court of Arbitration for Sport ruled Wednesday.

Last April, the IAAF (the governing body for track and field) announced new regulations for female athletes competing in running events 400 meters and longer. The new rules are aimed at athletes with higher-than-normal levels of testosterone, and the IAAF says the new policies are about leveling the playing field. As of last November, female athletes with blood testosterone levels above a certain threshold are required to either lower their testosterone level or compete in a male or intersex classification. You can read more about those rules here.

Semenya – who primarily runs the 800 and 1500 – appealed the ruling, going through arbitration proceedings with CAS in February.

Interestingly, CAS found that while testosterone limits are undoubtedly discriminatory, “on the basis of the evidence submitted by the parties, such discrimination is a necessary, reasonable and proportionate.” The court did urge the IAAF to consider holding off on applying the rules to the 1500, due to lack of evidence.

The South African Semenya, who won the 800m race at both the London and Rio Olympic Games, is hyperandrogenous and has been subjected to controversial gender testing throughout her career. She is currently classified as having “Differences of Sexual Development” (DSD).

According to the IAAF, most women have low levels (0.12 to 1.79 nmol/L) of testosterone circulating naturally in their blood. Men’s levels are typically around 7.7-29.4 nmol/L, and the IAAF says “no female would have serum levels of natural testosterone at 5 nmol/L or above unless they have DSD or a tumour.”

Semenya tweeted the following in response to the decision:

Semenya also issued a statement through her lawyer: “I know that the I.A.A.F.’s regulations have always targeted me specifically. For a decade the I.A.A.F. has tried to slow me down, but this has actually made me stronger. The decision of the C.A.S. will not hold me back. I will once again rise above and continue to inspire young women and athletes in South Africa and around the world.”

Semenya’s camp has 30 days to appeal the decision should they choose to do so.

The International Olympic committee was likely waiting on the Semenya verdict before determining its own testosterone limits for transgender athletes in the 2020 games, The Guardian reported in February. In other words: Semenya’s case has implications for all Olympic sports, including swimming.

However, CAS expressed “serious concerns” over the “future practical application”of testosterone limits.

The issue recently gained prominence in the swim world when USA Swimming announced it would allow age group swimmers to compete in their stated gender category. To make a junior or senior national team, however, athletes must still comply with the IOC’s medical requirements.

CAS concluded its decision with an “expression of gratitude” for Semenya:

“The Panel also stresses that while much of the argument in this proceeding has centred around the ‘fairness’ of permitting Ms. Semenya to compete against other female athletes, there can be no suggestion that Ms. Semenya (or any other female athletes in the same position as Ms. Semenya) has done anything wrong. This is not a case about cheating or wrongdoing of any sort. Ms. Semenya is not accused of breaching any rule. Her participation and success in elite female athletics is entirely beyond reproach and she has done nothing whatsoever to warrant any personal criticism.”

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Woke Stasi
4 years ago

I’m a fan of women’s sports. Women’s sports have made great progress in the past 35 years. Many opportunities have opened up for girls and women to learn skills and teamwork, to earn scholarships and recognition, and at the highest levels money. I’d hate to see these lost. I’m in favor of rulings that keep competitive women’s sports solely within the domain of biologically female athletes.

Doconc
Reply to  Torrey Hart
4 years ago

Says who? Have u examined her?
She clearly has Supra normal testosterone
That is not exogenous.

Troy
Reply to  Torrey Hart
4 years ago

She’s neither biologically female nor male, but intersex. What she identifies as doesn’t change that.

DRAMA KING
Reply to  Troy
4 years ago

Ok. Lets bring intersex competitions to the frame. Then it will be ok. 😌

Dee
Reply to  Torrey Hart
4 years ago

I’m not sure that can be emphatically stated as fact. You need XX and female reproductive organs to be biologically female – With emphasis on the word ‘biologically’. We know Semenya does not have female reproductive organs, and her chromosomal make-up hasn’t been made public, so the XX or XY part of things is unknown. Perhaps the IAAFs first release to CAS in February 2019, where they argued Semenya was *not* biologically female, is an indication of her chromosomal make-up?

Dee
4 years ago

This is a really sad situation and your heart has to go out to Caster – Through no fault of her own her entire career has been blighter by drama, mystery and controversy. The IAAF targeting of her events is utterly shameful.

Despite all that, I agree with the decision. ‘Normal’ testosterone level for women is between 0.1-1.7 nmol per litre of blood. I have a mtf transgender relative whose testosterone was controlled at 0.7 nmol for her transition. The new IAAF limit is 5.0 nmol per litre of blood. Still 4x more than a woman at the upper end of the ‘normal’ range. The lower range for men is 7-8 nmol per litre of blood, and the old… Read more »

Doconc
Reply to  Dee
4 years ago

I believe she may not be an xx female
I suspect she displays mosaicism, a mix of xx and xy cells with the resulting higher testosterone levels

She isn’t a phenotypic female

spectatorn
Reply to  Dee
4 years ago

I hear you.
But, It is a difficult subject because IAAF is trying to control or determine what is normal or “natural” and when. Like you said, if normal is 0.1 -1.7 nmol per litre of blood, why set the “high” limit of 5.0nmol? If a man was born with naturally lower than normal testosterone level, should he be allowed to “bring up” his testosterone level to normal?
She is born that way and as long as she is still considered female, she should be allowed to compete as she is. Otherwise, when are we going to say someone is too tall, hands too big or legs too long or whatever that considered giving the person advantage in… Read more »

Dee
Reply to  spectatorn
4 years ago

I think the crux of the problem comes down to who, scientifically, is a biological woman. Is a woman (I don’t dispute that Semenya is a woman) who has male levels of testosterone, testes, and no female reproductive organs a biological woman? If the answer is no, the next question is does her condition offer her an advantage? If the answer is yes – Women’s sport needs to be protected.

On the hands too big, too tall argunent – If somebody is biologically female and has those traits, so be it, it’s fair game. But the question here is whether or not DSD (dsd people are neither biologically male or female) women have an unfair advantage based on the elements… Read more »

spectatorn
4 years ago

Need someone who really understand the science to explain why the ban only applies “in running events 400 meters and longer” but not shorter, or not field events.

If higher than “normal” testosterone levels in female only have positive effect “in running events 400 meters and longer”, any female athletes who were caught for higher testosterone level other than “in running events 400 meters and longer” should appeal or sue IAAF or WADA for unfair treatment?

While it sounds right to support fair play, it is hard not to see this move as targeting one athlete in a rush.

The Ready Room
Reply to  spectatorn
4 years ago

It seems counterintuitive biologically, too, considering that testosterone seems to help more in a power/strength/anaerobic capacity.

Dee
Reply to  The Ready Room
4 years ago

You’re right and wrong. The strength element helps far more in throwing/strength exercises, and the IAAF have systematically targeted Caster Semenya’s events (perhaps because the top 3 at the 2016 Olympics were all suspected DSD athletes – Niyonsaba & Wambui). Testosterone regulates fat distribution and bone mass too. More bone mass = fewer injuries/higher intensity & volume training. Better fat distribution = Physique more accostomed to middle distance (amd long distance) running.

Dan
4 years ago

Why would the restricted levels only apply to some events and not all events?
Should it not be the same for every one?

Sean S
Reply to  Dan
4 years ago

It’s because sprint events naturally attract athletes with high testosterone levels and more muscle, but they don’t care about those athletes. Just want to legislate out the success of one specific athlete.

Coach ID
4 years ago

Maybe I’m missing something— the report gives the acceptable/normal ranges for XX and XY testosterone levels, but I cannot find where Caster’s numbers fall.

Why wouldn’t they report on where her testosterone levels fell?? Seems like this could validate or invalidate their decision.

Coach ID
Reply to  Torrey Hart
4 years ago

Much appreciated.
Thank you!

Jeff
4 years ago

She can still compete though. The new rule doesn’t apply to the 5000m and she has won races at that distance.

Jeff
Reply to  Torrey Hart
4 years ago

I’m just suggesting that the 5000 may become one of her signature events because she won it at South African nationals.

About Torrey Hart

Torrey Hart

Torrey is from Oakland, CA, and majored in media studies and American studies at Claremont McKenna College, where she swam distance freestyle for the Claremont-Mudd-Scripps team. Outside of SwimSwam, she has bylines at Sports Illustrated, Yahoo Sports, SB Nation, and The Student Life newspaper.

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