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Semenya’s case reflects broader dilemmas facing sports world

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NEW YORK — Caster Semenya’s running career, jarred by an adverse court ruling on Wednesday, is unique in virtually all its details. Yet the dilemmas she has posed for the track-and-field establishment reflect how vast segments of the sports world are now wrestling with issues related to intersex and transgender athletes.

The essence of the dilemma: How to minimize or eliminate discrimination while simultaneously ensuring that competitions are as fair as possible.

The challenges faced by Olympic champion Semenya — a South African woman who reportedly has some intersex traits — differ in key respects from those confronting transgender women. But there are parallels as well, as evidenced in the ruling by the Court of Arbitration for Sport, the sports world’s highest court,

The CAS ruled that Semenya and other female runners with unusually high testosterone must take medication to reduce their levels of the male sex hormone if they want to compete in certain events, notably the 400 and 800 metres. Comparable requirements apply to transgender women seeking to compete in the Olympics and in NCCA-governed collegiate sports in the U.S.; both organizations say male-to-female athletes should demonstrate that their testosterone level has been below a certain point for at least a year before their first competition.

In Semenya’s case, the CAS voted 2-1 to uphold proposed rules issued by international track’s governing body, the IAAF, saying that they are discriminatory but that “such discrimination is a necessary, reasonable and proportionate means” of “preserving the integrity of female athletics.”

Athlete Ally, a U.S.-based group advocating for grater transgender inclusion in sports, assailed the ruling against Semenya.

“Forcing athletes to undergo medically unnecessary interventions in order to participate in the sport they dedicate their lives to is cruel, and a violation of their human rights,” said the group’s executive director, Hudson Taylor.

Also angered was Kimberly Zieselman, executive director of InterACT, which advocates on behalf of intersex youth.

The CAS ruling against Semenya “is another example of the ignorance faced by women athletes who have differences in their sex traits,” Zieselman said in an email. “There is no one way to be a woman.”

“It is an inherently flawed conclusion that Caster’s natural testosterone level is the only thing giving her physical strength,” Zieselman added. She noted — while citing swimmer Michael Phelps’ long arms — that many athletes have unique physical advantages.

Powerful female stars such as Serena Williams in tennis, Katie Ledecky in swimming and 6-foot-9 (2.06-meter) Brittney Griner in basketball also have been cited as possessing a distinctive physical edge.

Aside from Semenya, there have been relatively few high-profile controversies involving intersex athletes, while there’s been an abundance of news stories about transgender athletes.

Overall, supporters of increased trans inclusion in sports are heartened by the pace of progress. In the United States, a growing number of state high school athletic associations in the U.S. enable them to play on teams based on their gender identity, and the NCAA has trans-inclusive guidelines for all its member schools.

But there have been numerous bitter controversies, even at the high school level. In Connecticut, for example, the dominance of transgender girl sprinters Terry Miller and Andraya Yearwood has stirred resentment among some competitors and their families.

At the adult level, USA Powerlifting incurred recent criticism for sticking by its policy of banning trans women from its competitions. The organization contends that regardless of testosterone levels, male-to-female competitors generally have significant advantages related to bone density and muscle mass.

Earlier this year, tennis great Martina Navratilova became entangled in the debate over trans women’s place in sports.

A lesbian and longtime gay-rights activist, Navratilova was accused of being “transphobic” after asserting that many transgender women — even if they’d undergone hormone treatment — have an unfair advantage over other female competitors. Among her critics was Athlete Ally, which ousted her from its advisory board.

Another critic was Rachel McKinnon, a transgender Canadian track cyclist who in October won a world championship sprint event for women of ages 35 to 44. She suggested that Navratilova’s argument reflected “an irrational fear of trans women.”

McKinnon encountered widespread resentment after she won her championship event.

Initially, she was elated, even though one of her top rivals pulled out of the final at the last minute. But then a photo spread across the internet showing her on the podium with the two smaller, skinnier runners-up, triggering extensive social-media attacks.

Joanna Harper, a medical physicist and transgender runner from Portland, Oregon, says the controversies raise complex questions, and she believes there needs to be a standard based on hormone levels.

“The gender identity doesn’t matter, it’s the testosterone levels,” Harper said. “Trans girls should have the right to compete in sports. But cisgender girls should have the right to compete and succeed, too. How do you balance that? That’s the question.”

The IAAF argued in Semenya’s case that high, naturally occurring levels of testosterone in athletes with intersex characteristics that don’t conform to standard definitions of male and female give them an unfair competitive advantage. It decreed a maximum level for females.

Semenya — whose muscular build and super-fast times have led some to question her accomplishments — declared she will not be deterred by the CAS ruling.

“For a decade the IAAF has tried to slow me down, but this has actually made me stronger,” she said in a statement. “I will once again rise above and continue to inspire young women and athletes in South Africa and around the world.”

David Crary, The Associated Press




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Bruce Dowbiggin

In Toronto The Leafs Always Fall In Spring: 2024 Edition

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Who knew when we tuned in Saturday night to Hockey Night In Canada that we would be witnessing playoff history. Nay, not just playoff history but hockey history. According to what we saw and heard on HNIC just ONE TEAM played on Saturday. And they lost. It goes without saying that the team was HNIC’s beloved Toronto Maple Leafs.

Those of us who’d stuck with the telecast all evening could’ve sworn there was another team on the ice in black and gold. Rumour has it they were the Boston Bruins, but don’t quote us on that. Also, take it as a rumour that Boston’s 3-1 win gave them a 3-1 lead in games over Toronto heading back to Boston for what most expect will be the  coup de grace for the blue and white. Again.

But when time came to discuss the game afterward the Toronto-based panel told us that the Leafs had beaten themselves. Yes, in some hockey version of metaphysics Toronto had transcended the third dimension. The Bruins were like The Fugitive, lurking far out of sight. Brad Marchand had had nothing to do with breaking up Toronto’s neutral-zone speed nor Charlie McAvoy clearing the front of their net. Jeremy Swayman, who he?

Instead the talking heads dissected the loss in shades of blue.

For those who were washing their hair or another vital task on Saturday, the Leafs had more story lines than a season of Curb Your Enthusiasm (insert your joke here), They finally got their migraine-afflicted star William Nylander back in the fold before a delirious Scotiabank crowd who’d probably paid about a $1000 a ticket to attend. But their star sniper Auston Matthews (allegedly) had food poisoning or a gall stone or a tee time next week back home in Scottsdale. Hard to say.

There was also a goaltending controversy, a Mitch Marner controversy and a Keith Pelley controversy (more on MLSE’s new CEO in a moment). And the, you know, 1967 thing. Despite the hysteria of their long-suffering fans at puck drop, postgame analysts hinted the Leafs seemed to be disinterested. Or, to those who actually watched the game, they were schooled by a better Boston team.

By the middle of the second period, despond and a 3-0 deficit had settled on the Leafs. Despite being the ONLY TEAM on the ice their well-compensated stars were bitching at each other on the bench. While Matthews looked glumly at his pals, Marner had a hissy fit throwing his gloves to the floor. Nylander lip-synched a rebuke to Marner along the lines of Grow up, this ain’t junior hockey. Did we say the crowd booed them off the ice after the second period? Yeah, that too.

Which led mild-mannered Kelly Hrudey to scold Marner for a bush-league behaviour in the break. Remember, Hrudey’s the nice guy on the HNIC panel. Where others see an alligator chomping on their leg Kelly sees a chance to get up-close with nature. So the rebuke for Marner was incendiary. By the time they dropped the pick for the third period you’d have thought Bob Cole wasn’t the only person to pass away this week. Gloom.

Making matters worse, Matthews was nowhere to be found. (According coach Keefe, the doctors had pulled him from the game. Whatever.) When the contest ended with a Toronto loss, the postgame chatter was once more obsessed with Toronto’s failings, as if another team were not having its way on the ice. Where was the effort? Where was the intensity promised when Leafs management spread dollars like Easter candy among its Core Four?

Kevin Bieksa, typically the most salty one on the panel, reminded everyone there was a Game 5 Monday and that 3-1 leads have been overcome. But with Toronto’s success in comebacks being nil he sounded like a guy trying to sell you a penny mining stock.

The dressing-room afterward was mint. “You know what, that’s just the way we are,” Nylander said. “I mean we expect a lot from each other, and we love each other.”

“I don’t think there’s any (frustration),” Marner added unconvincingly. “We’re grown men. We were talking about plays out there that we just want to make sure we’re all 100 percent on and know what we’re doing… We’re not yelling at each other because we hate each other.”

Chris Johnston of The Athletic called it the end of the Maple Leafs as we know them. “They’re making more mistakes at five-on-five, they’re soundly losing the special-teams battle, and they’ve transformed from being one of the NHL’s best offensive teams in the regular season to one that can’t score more than two goals per night in the playoffs. Wash, rinse, repeat.”

Coach Sheldon Keefe, whose shelf life has about 60 minutes left, was enigmatic in the face of cruel destiny. “You can question a lot of things; you can’t question the effort,” he said.

He’s right about one thing. When this first-round ends in ignominy there will be plenty of questions from Pelley, newly installed at the top of the MLSE pyramid. Such as, why should I keep this management team that teases Waygu beef in-season but delivers ground chuck in the playoffs? It’s long been said that the league the Leafs have been built for doesn’t exist in the postseason. So why keep pretending it does?

For those not in the know, Pelley has spent the last few years dealing with the Saudi’s LIV golf enterprise in his role as CEO of what used to be known as the European Tour. (Insert your barbarism reference) So he’s used to dealing with nasty situations.

Maybe his first act on the Leafs file is reminding everyone that two teams play each other in the playoffs, and it might be a good idea to learn from what the winners are doing.

Bruce Dowbiggin @dowbboy is the editor of Not The Public Broadcaster  A two-time winner of the Gemini Award as Canada’s top television sports broadcaster, he’s a regular contributor to Sirius XM Canada Talks Ch. 167. Now for pre-order, new from the team of Evan & Bruce Dowbiggin . Deal With It: The Trades That Stunned The NHL & Changed Hockey. From Espo to Boston in 1967 to Gretz in L.A. in 1988 to Patrick Roy leaving Montreal in 1995, the stories behind the story. Launching in paperback and Kindle on #Amazon this week. Destined to be a hockey best seller. https://www.amazon.ca/Deal-Trades-Stunned-Changed-Hockey-ebook/dp/B0D236NB35/

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Bruce Dowbiggin

Coyotes Ugly: The Sad Obsession Of Gary Bettman

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It came to this. Playing in the 6,000 seat Mullet Arena on the campus of Arizona State. Owned by a luckless guy who eschewed the public spotlight. Out of the playoffs, their bags packed for who knows where, the Arizona (née Phoenix) Coyotes gave an appreciative wave to the tiny crowd gathered to say  Thanks For The Memories.

With that they were history. Although NHL commissioner-for-life Gary Bettman has promised the last in a set of hapless owners that he can revive the franchise for a cool billion should he build the rink that no one was willing to build for the Yotes the past 20 years.

The Arizona Republic said good riddance. “Metro Phoenix lost the Coyotes because we are an oversaturated professional and college sports market with an endless supply of sunshine and recreational choices. Arizona may have dodged a slapshot:

We have the NFL Cardinals, the MLB Diamondbacks, the NBA Suns, MLB spring training, the WM Phoenix Open, the Phoenix Rising, the WNBA Mercury, the Indoor Football League Rattlers and the Arizona State Sun Devils. There hasn’t been a household name on the Coyotes since Shane Doan, and half of Phoenix probably doesn’t know who he was”.

Likely they’ll be a financial success in Salt Lake City where there’s a viable owner, lots of money and a will to make it work. They’ll need a will because— stop me if you’ve heard this before about the Coyotes—  the rink they’ll play in this fall has only 12,500 unobstructed views for hockey.

Watching this farce we recalled getting a call from Blackberry co-founder Jim Balsillie in 2008, shortly after our book Money Players was a finalist for the Canadian Business Book of The Year. We’d written a fair bit about the Coyotes in our work and someone had told Balsillie we might be the ones to talk to about a plan he was concocting to buy the bankrupt Coyotes and eventually move them to Hamilton.

Balsillie was salty over the way he’d been used as a stalking horse in the financial troubles of the Pittsburgh Penguins in 1990s. Flush with money from the huge success of RIM, Balsillie offered to buy the Pens, with an eye to moving them to southern Ontario if Pittsburgh didn’t help build a new arena for the team.

In time, Balsillie saw that Bettman was only trying to protect the investment Mario Lemieux and others had in the Pens. Balsillie was the black hat who eventually spooked Pittsburgh into giving the current owners what they wanted. At the end of the day, Mario got his money and Balsillie was given a “thanks for trying”: parting gift of nebulous promises.

Still smarting, Balsille vowed not to be used again. in his desire to bring the NHL to southern Ontario. So when the Coyotes owner Jerry Moyes threw the keys to the team on Bettman’s desk, he saw an opening in the bankruptcy that followed. Seeing Bettman as the impediment, Balsillie decided to buy the team out of bankruptcy, a process the NHL could not legally prevent.

What Balsillie wanted to know was “What then? How would Bettman fight back?” We told him that no one flouts Bettman’s authority within the NHL. (All the current owners since 1993 have come aboard on his watch.)  And that he’d have to get the Board of Governors to approve his purchase. Odds: Nil.

That’s what happened. Rather than admit that the Valley of the Sun was poisoned for hockey, Bettman found another series of undercapitalized marks to front the franchise while the league quietly propped up the operation. No longer was the Coyotes’  failure about the fans of Arizona. It was about Gary Bettman’s pride.

Protestors stand outside a press conference in Tempe featuring Arizona Coyotes executives discussing propositions related to a new arena and entertainment district. (Photo by Brooklyn Hall/ Cronkite News)

Where he had meekly let Atlanta move to Winnipeg he fought like hell to save Arizona. And his power. (His obstinacy on U.S. network TV is another story.)

Fast forward to last week and the abject failure of that process. The Arizona Republic naively fawned on Bettman for his many attempts to save the team. In fact, they were just attempts to buttress his grip on the league. While the Coyotes may have been a mess, Bettman has succeeded in preserving the investments of most of the business people who bought his NHL business prospectus.

Sometimes it meant riding into Calgary to chastise the locals for their parsimony in not giving the Flames a new rink. Ditto for Edmonton. Ditto for Winnipeg  and other cities. Other times it was to shore up weak partners to protect the equity of other prosperous cities.  Sometimes it was to tell Quebec City, “Not gonna’ happen.”

For his loyalty to the owners and through some luck— Gretzky to the Kings— Bettman has made the NHL work in places no one might’ve imagined. Nashville. Raleigh. Tampa. Las Vegas. Dallas. Not at the level of the NFL, NBA or MLB, but at a comfortable equity-affirming status. Nothing happens without his say-so in the NHL. Or without him getting credit. Secondary NHL execs who wanted credit for their innovations were quietly punted.

When Houston finally gets a franchise from Gary they’ll part with $1.5 billion for the honour. While the commissioner has played down new franchises and expanded playoffs, you can bet your last dollar that he’s told owners they’re in line for more expansion cash— cash they don’t have to split with players in collective bargaining.

One more certainty. As long as Bettman rules the NHL you won’t see an NHL team back in Arizona.

Bruce Dowbiggin @dowbboy is the editor of Not The Public Broadcaster  A two-time winner of the Gemini Award as Canada’s top television sports broadcaster, he’s a regular contributor to Sirius XM Canada Talks Ch. 167. Inexact Science: The Six Most Compelling Draft Years In NHL History, his new book with his son Evan, was voted the seventh-best professional hockey book of all time by bookauthority.org . His 2004 book Money Players was voted sixth best on the same list, and is available via brucedowbigginbooks.ca.

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