#Open category is for anyone who wants to compete regardless of sex

[coochiequeens]

Under the new rules, the men’s division will be replaced by an “open category” – which will now also include transgender men, transgender women and non-binary individuals. Meanwhile the “female category” for any form of competition from elite to grassroots will be preserved for those with a birth sex of female.“ So everyone can compete and if men don’t like that then they are proving that they don’t care about biological women.

British Cycling has become the latest governing body to bar transgender women from competing in the female category to “safeguard the fairness” of the sport. The decision, which ends the transgender cyclist Emily Bridges’s dreams of competing for Britain in the female category, followed a nine-month consultation and a review of the latest science.

Under the new rules, the men’s division will be replaced by an “open category” – which will now also include transgender men, transgender women and non-binary individuals. Meanwhile the “female category” for any form of competition from elite to grassroots will be preserved for those with a birth sex of female.

The new policy, which broadly follows that of UK Athletics and Swim England, will also apply to all British Cycling-sanctioned competitive events involving times, ranking, points or prizes, as well as selection decisions for the Great Britain cycling team.

The news is likely to be widely welcomed by the country’s top female riders, many of whom threatened to boycott last year’s British National Omnium Championships until Bridges was declared ineligible by cycling’s world governing body, the UCI, from competing in the female category as she was still registered as a male cyclist at the time.

That boycott threat arose due to many believing that 22-year-old Bridges, who was on the Great Britain academy programme as a male rider until being dropped in 2020, retained an unfair advantage after transitioning.

Their viewpoint is now shared by British Cycling. In a statement explaining its change in policy, it cited research studies indicating that even with the suppression of testosterone, transgender women who transition post-puberty retain a performance advantage.

However it also pledged that trans and non-binary people would still continue to be able to participate in a broad range of activities under its new policy – including club and coach-led activities, community programmes, and non-competitive events such as sportives.

British Cycling’s CEO, Jon Dutton, said: “I am confident that we have developed policies that both safeguard the fairness of cyclesport competition, whilst ensuring all riders have opportunities to participate.”

The governing body also apologised to transgender athletes for taking so long to come up with a new policy after suspending its previous one last year, leaving riders including Bridges in limbo. “We recognise the impact the suspension of our policy has had on trans and non-binary people, and we are sorry for the uncertainty and upset that many have felt during this period,” it added.

“Our aim in creating our policies has always been to advance and promote equality, diversity and inclusion, while at the same time prioritising fairness of competition. This aim has not changed.”

British Cycling’s new policy has been announced a few weeks after the most recent flare-up in the sport’s contentious transgender debate when the American Austin Killips became the first transgender athlete to win a UCI women’s stage race.

Killips’s victory in New Mexico led the UCI to admit it had heard the “concerns” of female athletes about unfair competition in the sport, and would be reconsidering its transgender policy. Those critical of the UCI included the three-time Olympian Inga Thompson who accused it of “killing off women’s cycling”.

The UCI is expected to announce any changes to its policy in August. As things stand, however, transgender women are still eligible to compete in UCI international events provided they lower their testosterone to 2.5 nmol/l for 24 months.

It means that when it comes to UCI-organised events staged in Britain, such as the Track Nations Cup or the Women’s Tour, the current UCI transgender policy on eligibility will take precedence.

[chal-converts-archive]

Non-Binary Halacha? A possible methodology

This is something I’ve been meaning to write about for a while, but thanks to @anglophileslytherin – our conversation reminded me of this!

What follows below is a long discussion of some ideas I had for how we might approach addressing halachic issues and inclusion in rituals for non-binary folks. The discussion contains:

The rationale for my departure from the six sex categories.

An argument that non-binaryness ought to be considered a new phenomenon, that we might have more flexibility in this process.

An assessment of the different varieties of non-binaryness and the resulting conflicting access needs. I propose we resolve this issue by suggesting we actually create three different approaches in order to make space for everyone.

An assessment of the different categories of gendered rules and rituals, and an argument that each requires a somewhat different approach.

So I think one of the difficulties in resolving gendered issues with regards to non-binary folks isn’t just that Judaism is structured in a very binary way, but that there’s a general lack of understanding amongst most folks about what non-binary even is and what it means to be non-binary.

Many people have pointed to the six sex categories listed in the Talmud as a starting point, while others have pointed out that these are mostly analyses aimed at fitting intersex and modified transfeminine bodies into the existing binary structure.

Personally, as exciting as the idea of the six genders initially was – and while I think they may yet still offer some inspiration, language, or precedent – I think starting from there builds our case on a faulty foundation. I see two major problems.

First, seamlessly applying this to non-binary folks ignores our responsibility to tread lightly when it comes to how people have historically treated and addressed intersex folks, especially within the trans community. Too many perisex trans folks have used intersex existence rhetorically without stopping to consider the impact that will have on intersex folks, trans and non-trans identified alike. The argument seems to often go: Intersex people exist, therefore the sex binary is a lie; gender is based on the sex binary and therefore the gender binary is also a lie.

While this isn’t entirely incorrect, it is my belief that we [perisex trans folks] need to stop basing our fight for validity on other identities, as this is dehumanizing and gross. Obviously, intersex trans folks are more than welcome to draw the comparison should they find it appropriate to do so, and I think we would do well to center intersex trans voices regarding how physical transition and non-binary genders do and don’t relate to intersex experiences and identities in order to learn how to better advocate for all of us.

While the appropriation of intersexuality is a long-standing intracommunity problem that is only tangentially related to this discussion, I open with it because I think it is our responsibility as perisex non-binary Jews entering this discussion to not replicate those same problems here if at all possible. Again, if intersex Jews (and regarding saris adam, transfeminine folks) want to look to these categories, that’s a completely different situation.

Instead of basing my analysis on these sex categories, then, I will proceed from the assumption of a completely separate ontological grounding. I realize this makes non-binaryness seem historically new, which in a sense it very much is not. There have always been and always will be people who could be classified as non-binary. However, our modern linguistic and sociological understanding of gender is new enough that our attitude towards modern non-binaryness must be thought of as new as well.

There’s no shame in something being new – in fact, there is great freedom in it. By considering non-binary folks a new phenomenon, we are not bound by historical precedent in the same way, which allows us much greater leeway to define ourselves instead of being defined by the cis men of antiquity. Furthermore, I don’t think this undermines our validity; everything was new once. Halacha had to adapt to the existence of changing social norms and technology, and this is no different.

[For anyone still hung up on the idea that G-d created Adam and Eve, and therefore intended an exclusive gender and sex binary, I would ask you this – do you really believe that such a thing is beyond G-d’s creativity? I have a lot more to say about all of this, but will leave it to another writing for now.]

—–

The second problem I see with these classifications is that the dialogue around them mostly seems to be about how to fit these folks into the existing binary gender roles. Regardless of how these ancient categories fit or don’t fit into our modern concepts of gender and non-binaryness, I think it’s important to recognize that this methodology doesn’t work for a lot of non-binary people.

Before I continue, I think it’s important to explain why this is, because it also informs my argument for what methodology we should use. I also want to discuss some other methodological philosophies underlying what I recommend as an approach. In order to do all of this, we need to consider what “non-binary” even is and begin to break down this umbrella term.

“Non-binary” generally refers to everyone whose gender experiences and identities fall outside strictly “man” or “woman.” However, the details of that experience not only vary widely based on individual experiences, but diverge widely between approaches to non-binary existence. In my experiences as a non-binary person and advocate/activist, I have seen probably hundreds of different genders. I don’t think it’s reasonable to try and come up with rules for each individual identity, nor do I think a one-size-fits-all approach works here either.

Instead, I propose that halachic approaches to non-binary folks utilize broad categories of non-binary genders based on their relationship to the binary genders. Ergo, while we are still collapsing many unique and colorful genders into broad swaths, by doing so relationally it will hopefully both simplify things while also providing individual rubrics for non-binary folks to apply to their gender situation as they understand it. I realize I will need to generalize a lot here out of necessity; please account for a certain margin of error accordingly.

The first main divide within the umbrella that is “non-binary” is between the people who consider themselves to have a gender or genders, and those who do not. Those who do not identify with any gender will generally have a different relationship to gendered rites and rituals than those of us who do. Ultimately, while those of us who have gender(s) tend to prefer to have specially-designated rites and rituals of our own, those who do not identify with any gender often seem to prefer to create as neutral of a space as possible, because to do otherwise is to inappropriately apply gendered norms – even non-binary ones – to them. Neither approach is wrong; rather, it seems like these are competing needs and the obvious third path to me to meet both needs is to simply use a different rubric for agender, genderless, neutrois, etc. folks than for other non-binary people.

The second major split is between the remaining people with non-binary genders is between the people whose genders are based in some form or another on the binary genders, and those whose gender is entirely independent of both. Those in the former category tend to find solace in taking what already exists and figuring out how it applies to their situation, while the latter tend to find this very painful, preferring to create entirely anew. Again, I don’t think either approach is inherently wrong, but rather that it’s important recognize conflicting access needs which can both be addressed by creating separate rubrics for each.

Ultimately, then, I think there actually needs to be three separate analyses of gendered halacha in order to address each group’s access needs: neutralization, application, and creation.

For ease of communication, I’m going to broadly refer to these groups as follows: genderless-spectrum, binary-based spectrum, and xenogenders, and I’ll refer to the people in these groups as agenders, bigenders/androgynes/demigenders, and genderqueers, respectively. While this is certainly far from agreed-upon terminology within the non-binary community as a whole, I will use it here for clarity.

—–

Another area of methodology is to analyze the different categories of gendered rites and rituals. While each example is unique and requires an equally unique halachic analysis, as there is so much to address, it is worth creating a strategy for how to approach each type of problem.

In general, gendered rituals tend to fall into one of the following categories: corporeal, sexuality, legal, and tradition.

Corporeal rituals assume a sex binary and are based on a very basic colloquial understanding of physical sex. The primary examples that come to mind are niddah and brit milah.

Sexuality rules assume a cis-hetero default, and are generally rooted in the intentional separation of men and women in order to promote modesty, monogamy, and privacy and prevent adultery. Examples would include the mechitza, shomer negiah, kisui rosh, kol ishah, and tznius.

Legal rulings are typically Torah-based, or at least based in the Oral Law, commentaries, and subsequent halachic rulings, and are binding. While the first two are typically quite legalistic in nature, this category is separated to specifically to address religious law that is gendered in nature, but not intrinsically tied to physical sex or heterosexual norms. Examples would include beged ish/ishah, dress norms not attached to modesty such as the level of formality, and male religious exclusivity such as only men counting for a minyan, only men being allowed to be called up to read Torah, only men being allowed to have the title of rabbi (and thus the associated authority), and only men reciting Kaddish. For women, Rosh Chodesh may be thought of as being in this category.

Traditions, on the other hand, are similar to the legal category, except that they are not binding to the same degree. This would include more male religious exclusivity (traditionally only men wear tallit, tzitzit, and kippot, only men lay tefillin, only men are restricted by the time-bound commandments, etc.) and most women’s duties or rules whose enforcement typically falls to women under traditional gender roles. Examples of the latter would include kindling the lights of Shabbat, baking the challah, keeping the kitchen kashered and ensuring that all food prepared for the family is kosher, family purity, and raising children according to Jewish law and norms. (*Note: I am well aware that many of these duties are binding on all Jews; the less-binding aspect I am referring to specifically is the gendered dimension of who performs it.) Additionally, I would think that most, if not all of the binary and male-centric language in the liturgy belongs in this fourth category. Hebrew as an aggressively binary-gendered language probably does as well.

[I recognize that I may have mixed up whether some of these things are based in halacha or minhag; please excuse my ignorance on this, and I absolutely welcome kind, respectful corrections!]

I have separated these rules and traditions out into these categories because each presents different challenges for effectively weaving non-binary people into the fabric Jewish religious tradition in a meaningful and halachically sound manner.

Corporeal laws and rituals assume that all bodies fall into one category or the other, and therefore in order to effectively analyze them, we must bluntly discuss trans bodies and non-cisnormative body maps. Furthermore, any meaningful analysis will not just challenge the sex binary, but to actually dig much deeper to understand the rationale that undergirds these to begin with in order to get to the true spirit of the rule. Only by understanding the true character of the law or ritual will we be able to understand how to creatively apply it to the three classes of non-binary folks. Although it probably goes without saying, any analysis of laws that have been inscribed on the body necessarily must include or at least consider both binary trans folks and intersex folks as well.

Sexuality rules, on the other hand, impact not just non-binary folks, but everyone across the whole LGBTQ+ spectrum. While the solutions for some groups will be relatively simple (binary trans folks should follow the laws that pertain to their true gender, for example), working out how to apply them in a sensible way to queer and non-binary folks will be a bit more of a challenge. How do you apply rules of separation in a meaningful way to people whose preference is for the very people they are being sorted with, or whose preferences are not gender-based at all? While this initial question must be addressed, any legitimate discussion of it must also include a conversation about how (or if) this separation works when it is no longer binary and for a group that is very small, even if you include all three subcategories. I think a lot of people are going to have to do a lot of soul-searching about their own cissexism and heterosexism in this discussion, because it inevitably impacts cis het folks as well as the broader LGBTQ+ community.

The legal issues present a challenge on the axis of gender roles that have been enshrined in halacha. Although feminists have been doing quite a bit of work on these issues for a very long time, most have approached it from a very cis, het, and binary perspective. While a fair treatment of these issues will necessarily explore this work deeply in order to take it into account, I genuinely believe that a non-binary perspective could significantly help women’s cause as well. Ideally, non-binaries, women, and male allies will work together towards ensuring equal engagement, access, and respect.

And finally, the traditions. Although technically the most easily “fixable,” from what I have seen these are often the most intractable issues, because they are matters of community choice, not the force of law. A shift on this front must therefore include a shift in perspective and an overall cultural shift in the treatment of and attitude towards queer and non-binary folks. However, I do think that this category offers the most promise for creative solutions and for devising new things as well.

—–

Now, having laid all that out, I think an example of this type of analysis in practice is in order. However, as this is already quite long, I hope to write another piece that applies this method to an example of each category of problem. Let me know if you would like to be tagged into that post.

[strokemeliketherain]

Kingsroad Cheat

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