ABSTRACT

This chapter argues that the challenges to sport that transgendered athletes' participation at the elite level creates predominantly relate to, and are confused with, anti-doping issues. The first transgendered athlete to publicize and advance the plight of transgendered athletes was Renee Richards. The World-Anti Doping Code will ban a substance or method and prohibit athletes from using it if it meets two of the following three criteria: it enhances performance, it causes harm, and it violates the spirit of sport. A brief examination of transgendered athletes' use of hormone therapies relative to these three criteria follows and offers support for the therapeutic-use exemption transgendered athletes must obtain to pass a doping detection test. The key concerns involved in transgendered athletes' participation at the highest levels of sport can all are traced back to issues of fairness – fairness and non-discrimination to transgendered athletes, and fairness to their competitors.