CrossFit Games Sued for Telling Transgender Contestant She Must Compete with Men
Discrimination or biological complications?


Chloie Johnsson, a personal trainer, wants to compete in the CrossFit Games, an effort by the de-centralized fitness company founded by libertarian Greg Glassman to find "the Fittest on Earth."
Johnsson is transgender and had full sexual reassignment surgery eight years ago. She wanted to compete as a woman. She was told by CrossFit that she would have to compete with the men, and now she's filing a $2.5 million lawsuit. CNN notes:
Chloie Jonsson, a personal trainer, charges the CrossFit company with discrimination, intentional infliction of emotional distress and unfair competition in a lawsuit filed Thursday in Santa Cruz, California.
While her lawyer calls it a case of discrimination against transgender people, CrossFit's lawyer calls it protecting the competition. …
According to the lawsuit, Jonsson has identified herself as a female since her teenage years and is legally recognized by California as a woman. She had sexual reassignment surgery in 2006 and has been on female hormone therapy, according to her lawsuit.
The lawsuit alleges that a CrossFit teammate of Jonsson's sent an anonymous e-mail to the games organizers asking about transgender athletes in the competition. CrossFit determined that competitors in the event had to compete in the gender of their birth.
The story went around the media with some cherry-picked comments from the letters involved. Dale Saran, CrossFit's general counsel, has posted links on CrossFit's forums to the full letter sent to CrossFit by Jonnson's lawyer and his full response to put it all in context. Her letter can be read here and his response here.
In short, even though freedom-friendly CrossFit supports Jonnson's right to identify herself as a woman and live her life as she chooses, Saran argues, "The fundamental, ineluctable fact is that a male competitor who has a sex reassignment procedure still has a genetic makeup that confers a physical and physiological advantage over women."
Jonsson's lawyer told CNN that advantage doesn't exist anymore:
"(Jonsson) doesn't have an advantage over other women. She's been on estrogen for such a long time," he said about his client.
Hormone replacement therapy for transgender women includes anti-androgen therapy, which nullifies the effects of testosterone to reduce the masculine features of the body. Therapies can also consist of the hormones, estrogen and progesterone to feminize the body.
Saran commented further about their decision on CrossFit's forums (while also taking a dim view about being lectured about discrimination by her lawyer while at the same time being threatened with legal action):
We're faced with the Hobson's choice of picking one "bin" (male) and now being told that Ms. Jonnson needs 2.5 million dollars for the "harm" of not being put into the category of her choosing - and having that characterized as a "civil right" violation - OR choosing "female" and having other female athlete's complain that they have to compete against someone who had the benefit of growing up with a cascade of hormonal advantages well into adulthood.
Below, ReasonTV's interview with CrossFit founder Glassman:
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Solution: Don't segregate the competition at all.
They just need a third gender category: "Freak."
The segregation is/was hardly a top-down mandate. I don't get the impression Jonsson is crying foul because of her dominance in the male division.
Real Solution: Start an "unregulated" category where every former woman and roided out male can compete against every former man and every enhanced meta-human out there. As long as the competition isn't directly going to cause your death, you can compete.
Or...international waters! Then we don't have to worry about anything!
I'm thinking something like Shockfights but with a team of two midgets taking on a full-grown woman or something.
I assume there is some reason to observe some basal notion of (the) sport. Thirty people beating each other with bats hardly counts as a game of baseball.
Wow, 100% pure unadulterated bullshit. I'd say it's beauteous to see it so finely distilled but the good stuff always has huge chunks.
Uhh, no, dude. The same exact thing happened to Thai kickboxer Nong Toom who began her hormone therapy while she was competing against men. It was always her desire to keep fighting in the world of male muay thai, but the estrogen cause her to lose so much muscle mass, despite no change to the intensity or resistance of her strength training, that she was putting her life in danger by continuing to compete with men. To those who followed her career from the beginning, the changes in her body were obvious.
Fact is, what Saran is one peddling bullshit.
And?
"Not able to compete with men" isn't the same as "still has an advbantage over women, despite not being as strong or quick as men".
Kickboxing, also, isn't crossfit.
Your bias is showing, ands it's disgusting.
That's true, but what does that have to do with the claim that hormone therapy doesn't alter one's body?
I guess you're calling me a "homo"?
Who made that claim?
mad.casual, unless I'm understanding him incorrectly.
You were.
Why, I don't know, because he said nothing close to that.
I'm pretty sure you are, since the part he quoted and objected to said
I will call you a homo if you want, but you have to spit in my face and call me scum.
" what does that have to do with the claim that hormone therapy doesn't alter one's body?"
I don't see that claim being made anywhere, could you quote it?
Because the claim I see being made is that the statement ""(Jonsson) doesn't have an advantage over other women. She's been on estrogen for such a long time," he said about his client.
Hormone replacement therapy for transgender women includes anti-androgen therapy, which nullifies the effects of testosterone to reduce the masculine features of the body. Therapies can also consist of the hormones, estrogen and progesterone to feminize the body."
is bullshit.
So, again, could you kindly highlight where someone claimed "hormone therapy doesn't alter one's body?" because what I see is someone calling bullshit on the claim that ""(Jonsson) doesn't have an advantage over other women.' which, as I pointed out, may still be possible even though he took hormone treatments.
Nope, I'm saying you read a passage calling bullshit on claims of not having an advantage as saying "hormone therapy doesn't alter one's body?" whioch isn't even CLOSE to what was written or claimed. And your bias is responsible.
And could you please elucidate as to what this particular bias is?
No idea, and frankly, I'd rather not explore it.
Spend some time in self reflection and get back to us.
I'm willing to admit that maybe I was wrong, and that it's not any real bias, just poor reading comprehension. However, you strike me as too intelligent for that to be the case.
I think you need to admit that you don't possess telepathy.
You misunderstand. There is/can be a world of difference between 'can diminish' and 'always occludes'.
Hormone therapy is using a hammer to craft fine china. Nong Toom will probably never suffer hormone-related bone loss.
Further, as I understand it, Nong Toom wasn't seeking to compete in a class to which she didn't conform or take opponents who didn't know about her conversion. Jonsson appears to have been doing so.
Ok, I follow, but that also applies to Saran's statement that "The fundamental, ineluctable fact is that a male competitor who has a sex reassignment procedure still has a genetic makeup that confers a physical and physiological advantage over women."
Say you have a 5'5" ~ 5'6" dude, who while wiry and muscular, is still a 5'5" 185 lbs dude. Then that guy has sex reassignment surgery. I'm guessing that after the hormones alter his muscle mass and all, he's not going to automatically wallop the female competition. I think it would be a case by case decision. What CrossFit could do is take its two classes and divide them by average weight, height, muscle mass, etc. of men and women. Of course, you might get a genetically-born woman Amazon complaining that she now has to compete in a new category that she can't automatically dominate, but isn't that the same situation as what they claim Jonsson (should she have changed it to Jonsdottir, btw?)
Ok, but, I don't see why hormone-related bone loss is relevant here, in the fact that the main hormone responsible for preventing bone loss is estrogen.
Well, that's another issue, of which I agree that Jonsson should have been upfront about her status.
It's completely relevant due to the sex-related (and other) nature of the illness. There is an ethnic and developmental aspect of osteoporosis. 'Western' women get it more frequently. As countries westernize, rates go up. Men don't exactly see either of these trends. Being born a man indicates an intrinsic resistance to osteoporosis.
Or are you suggest bone strength plays no part in a fighter's career or ability to compete?
The same, or analogous, can be said for body fat retention, muscle mass distribution, water retention, hell, even cognitive biases set at birth...
"He" doesn't have to 'wallop' them. Just above average them.
That's why I called Jonsson's quote; it's an untested certainty of absence vs. a known possibility of presence.
One lawyer says getting bit by a shark will prevent you from getting struck by lightning while carrying a tall metal rod the other says carrying a tall metal rod makes you more likely to get bitten by a shark while being struck by lightning. Which one is obviously lying?
Is a 5'5" dude really a man?
LOL. I figured Epi would be on a transgender thread, but I was planning on laughing at him, not at one of his jokes.
And the answer probably isn't going to be the same for every sport. A 6'10" basketball player is still going to be 6'10" after reassignment.
The 5'6" MtF boxer is, statistically speaking, going to have the reach advantage over a cis-fem. Not an "automatic wallop" but lots of little advantages can add up.
I'm just spitballing here. Either trans fems have an athletic advantage over cis fems, or they don't. And I don't think the science is in. Not nearly enough data points.
No, the point is that it doesn't answer the question. There's a difference between "hormone treatment does alter the body and reduces the male muscle mass advantage versus women" and "hormone treatment makes it so she doesn't have an advantage over other women." It could, for example, reduce the advantage without eliminating it.
However, it's also pretty damn impossible to answer the question about "what muscle mass would she have had if born a woman?" There are also sorts of other genetic contributions besides the sex chromosomes one is born with, but only the one is okay to segregate by.
It's like talking about guys like Oscar Pistorius. How do we know if artificial limbs are a disadvantage, an advantage, or "just right?" I don't think we easily know that.
Even if we forget muscle mass, bone density, fat retention and distribution, fucking water retention....
People rooted for Pistorius because he overcame a disability to go to the Olympics. I was happy that he was allowed in, even though I suspect his blades were an advantage. That said, I don't have the same sympathy for somebody who wants to go through MtF surgery and hormone therapy and then compete against women. If Olympic athletes started sawing off their calves and replacing them with blades, I would feel the same way, even if they believe that they are really amputees trapped in able bodies.
Somewhat relevant:
Dr. Adder
These people don't want to be disabled ? they want to be a functioning disabled person.
That's truly fascinating. Is it some kind of wish to self-handicapping? To show that they're so fit that they can afford a self-imposed disability, yet overcome it?
One of the best reads I had was Descartes' Error: Emotion, Reason, and the Human Brain by Ant?nio Dam?sio: he had very interesting things to say about various, often very quirky diseases caused by brain lesions (usually due to strokes). He wrote about anosognosia, which brings up quite complicated questions about the self, free will and the like.
What sort of chromosome configuration was "she" born with? Or is that racist of me?
"Transphobic"
Now report for self-criticism.
At least one Y would be a pretty good guess. Rare transgender births do occur, but you don't usually become a teen male without a Y chromosome (or dislocated portions of one). That is to say, exceedingly few people without any part of Y chromosome get 'diagnosed' as male let alone passively labeled.
I'm looking forward to a thoughtful and productive comment thread.
Then maybe you should go somewhere else...
I hope he takes those crossfit transphobes for every penny and then goes on to dominate the women's competition for the next decade.
Just judging by her body composition relative to the top tier chicks, she don't have a chance even if they let her compete, but whatever...
CrossFit doesn't seem to agree:
"The fundamental, ineluctable fact is that a male competitor who has a sex reassignment procedure still has a genetic makeup that confers a physical and physiological advantage over women," according to the letter from CrossFit's lawyer sent in October.
I'd wager she has a psychological advantage over the competition too.
CrossFit is saying she comes in with a genetic advantage regardless of her current fitness level. I'm saying, in a handicapping sort of way, I can tell her relative fitness level and she ain't ready for the podium. She might could make it to the games, but that'd be about it, at least this year.
Been in/around crossfit for several years.
No joke. I'd watch Camille out work her. But then... I'd watch Camille do anything without complaint.
No kidding, was watching the 14.2 announcement earlier. She's just awesome.
Right? I mean, Talayna's nice, too, but Camille just has that "girl next door" (who can kick your ass) thing going on.
I'm not really into the manly chicks. Frankly disgusts me. The sexual dysmorphia in the states is mind-numbingly vomit-inducing.
what the fuck is wrong with you?
http://gentlemint.com/media/im.....50_q85.jpg
Seriously, 'dysmorphia'?? A women trains with barbells and get's *surprise* muscles and that's a disorder to you?
No, I have no issue with women staying fit and having reasonable muscle mass. But its achieved a point where I see a lot more genuinely ripped chicks these days. That's simply a turn off to me.
To each his own.
I wonder if you could get around this pansexual genderqueer by segregating your competitions into "XY" and "XX". All the hormones in the world won't change those.
Y that is a great idea. Y can't they simply ask the competitors if well... they have one. That doesn't change even if you have your junk removed and fill yourself with hormones normally produced by those without a Y.
I have yet to hear of a good solution to this. Or the "male athlete who plays a predominantly female sport at a school that doesnt have a male team" problem.
In college I met a guy who, while in high school, had played varsity field hockey. Wore the required uniform, including the skirt, and competed right along with the girls. Wasn't a big deal.
My first thought upon reading that was wow, that's pretty gay. Then I thought about it a bit and you know, who is the most homo, a guy who wants to get sweaty with girls or a guy who rolls around in the mud with other guys playing football? I'm thinking the dude playing field hockey is simply a self confident genius who knows which way the pussy bounces.
Yeah, I knew a male cheerleader in college. He knew what he was doing.
She could start her own competitions.
I'd have let her compete with the women. If she won and the girls cried foul, I would remind them they are just as good as men and to try harder next year. Also how would anyone know she use to be a man unless she told them?
It's be awesome if she competed in the women's category and got her ass handed to her by a natural born woman.
This is exactly what would happen.
Dude is a man, regardless of outward appearance and hormones. If he wants to take drugs that actually decrease his competitive ability, that's his choice and up to him, but no one else should feel sorry for him or accommodate his freakiness in their competition.
(Also, you can identify and call yourself by whatever name you want and ask other people to use that name, too, but all the surgery and hormone therapy in the world doesn't turn a man into a woman any more than you can turn a starfish into a motorcycle. As such, I refuse to play silly games and use pronouns that are demonstrably false. A person with XY chromosomes is a man and should be referred to as he. He can ask people to name him, "Sheila," but he's still a he.)
To be more clear, a man can mutilate his body and become something that looks like a woman, but he's still not actually a woman. He's a man who just looks like a woman.
Yeah but California legally recognizes him as a woman, a soon to be modestly wealthy woman and women's CrossFit champion.
I'm celebrating the impending male achievement.
I'm celebrating the impending male achievement
Gender inclusive!
Meh, to me, sounds like an awesome entrepreneurial opportunity to make a Transgender games.
I propose three competetive classes:
Male to female rtans
Female to male trans (probably much more rare)
OPen (co-ed) class: self explanatory.
I'd watch that on TV.
I'd watch that on TV.
With pants at the ankles and an industrial size container of Jergen's?
OK, dude, you may have just worked your way to being uninvited to the next get together.
I'm in a surly mood today. Shitty work week.
Aussie girl: (Strong Aussie accent) G'day.
Jemaine: Oh... Hey...
Aussie girl: Jesus... Got a tongue like a badger's arsehole. What'cha doing there, big J?
Jemaine: Just talking to a friend of mine.
Bret: (Through Jemaine's camera-phone) Don't talk to her(!) She's definitely Australian...
Jemaine: I'm not sure I got your name.
Aussie girl: It's Keitha.
Jemaine: ... Pardon?
Keitha: Keitha.
Jemaine: (Confused) Keitha?
Keitha: Yeah, it's like Keith. But with an 'a' at the end. I was named after mi'dad.
Jemaine: Umm...
Bret: She's got a man's name!
The saddest part of this story is that if the reassignment was the other way around - female to male - she could have sued for over $3 million. But because women only make 77 cents on the dollar...
well played. I award you +1 interwebz
Hoooo, this one historically pisses off the feminists... I remember a big outdoor women's/lesbian thingy that some friends of mine went to, and they got UP IN FUCKING ARMS about some trans-gendered ex-dudes wanting access.
A lot of lesbians and feminists are transphobes.
It pisses off specifically the "Radical Feminists," which is a term of art referring to a group of anti-trans feminists. Other feminists are pro-trans. It's a good way to start an intra-feminist fight.
It's a good way to start an intra-feminist CATfight.
Woooooo! CATFIGHT! Yeah!
Yeah, sure, Paul. That big outdoor lesbo thing that "your friends" went to.
This reminds me of the Renee Richards autobiography, "Tennis Without Balls."
I'm surprised it took this long to get to Richards.
This is not a new issue by any means.
In a world where you can give yourself roughly 50 different types of gender identity on your Facebook profile, I'm not so sure there isn't much of a point to keeping trans people from competing in the divisions they wish to compete. It seems that socially that bridge has been crossed and railing against it is a waste of energy.
As a matter of fact, it might do a few women some good to be allowed to compete on a level playing field with men, regardless of how they identify themselves, and see that their Buffy the Vampire Slayer fantasies are just that.
Already been done, see Michelle Wie.
I wonder why they didn't just say they were using the same standards the Olympics uses and leave it at that.
I think the IOC enjoys special rights and privileges not accorded to the CrossFit games.
But they tend to set the benchmark other organizing bodies follow IRT steroids, testing requirements, etc. Why not just say you are using Olympic standards and make them the organization everybody goes after?
Men are physically superior to women. Even latent male hormones are going to give her an advantage.
Every one of the finalists in the Texas boy's 100m dash last year ran a faster time than the gold medal winner in the women's 100m dash in London.
There is a psychological advantage as well. There is no physical reason why female race drivers and pool players shouldn't be able to compete with men and win. Other than drag racing, do they?
I don't know about the pool players, but I'd reckon part of the race driver thing is that top class drivers start really early. And there aren't that many girls that stick with it through midgets and work their way up.
There's also the endurance component. I think I read somewhere that drivers lose about 5 lbs during a 500 mile race. Male bodies are able to endure that a little better than female bodies are.
Oh, and Danica just sucks.
Goes both ways sometimes. The Air Force noted that women's physiology is better at handling G-forces than males.
So Susan, are you implying that if Goose had been a woman, he wouldn't have died?!?
Oh wait that was the Navy.
+1 Maverick
But like I said, there are so few women (with the reflexes and intuition that is necessary to become a world class driver) that have been driving since they were really young for that advantage to pay off.
Well, that's true. I was only pointing out that there are different way to measure endurance.
Men are inherently different from women. Women are smaller and carry more fat mass in their central body tissue and distribute it better throughout their body. Men tend to have faster metabolisms and larger biomass that creates a more judicious ability to regulate body temperature. When this faster metabolism competes with strictly performing the sport, it becomes a liability. Women are soon expected to surpass men in ultra-endurance open-water swims.
OK, so in one single sport, women are expected to surpass men. That is hardly a solid argument against men being physically superior.
Uh, the statement of unconditional superiority is kind of unconditionally absolute which is almost invariably wrong. Superiority is always dependent on the context. King beat Riggs in Battle of the Sexes II and there are schools of 15 yr. old 100 lb. girls in China that can lift more weight than the average adult male here in the States.
http://www.youtube.com/watch?v=dfImKnnam_Y
The debate of the 'sportiness' is certainly there to be had but; womeon routinely win billiards, darts, and poker far in excess of their representation in the respective sport. The fastest typist, morse coders, and texters are/were women.
And I don't mean to play the woe-is-me (or woe-is-my-wife) card, but sports-specifically and our world in general *is* very male-centric. Punching each other in the face is a sport but understanding each others thoughts and feelings and reading physical/visual cues is between corny metaphysics, a TV gameshow, and a pseudo-sport relegated to ESPN2.
AFAIK women have a stone-cold lock on every single live-birth records for all of time and I would loathe any world where cheerleading was a sport dominated by male competitors in any real way.
"Superiority is always dependent on the context. King beat Riggs in Battle of the Sexes II..."
There is evidence Riggs threw the match to cancel gambling debts, as well as he was operating under rule handicaps.
Tennis: Riggs
Gambling: King
So, the story where Riggs gets in deep with the kind of people who make him throw a tennis match is the story of unfettered male superiority that you want to go with?
Holy shit King Riggs is not where someone defending women wants to go.
I can kick an infant's ass, so go me!
Sudden's Solution:
Let private organizations that are not in any way associated with the government lay down whatever rules they damn well please. If you don't like it, take your fucking ball and go home.
She may be able to lift like a man, but she knows how to complain like a chick alright.*
#thisiswhytherearenofemalelibertarians
she knows how to complain like a chick alright
Ohhhhhhhhhhhhhhhhhhhh SNAP!!!
she knows how to complain like a chick alright
Ohhhhhhhhhhhhhhhhhhhh SNAP!!!
take your fucking ball and go home
I realize that this particular reference is, of course, completely inappropriate here.
I repent.
Trans-women are a protected class in California. Public Accommodation, motherfuckers.
Can an athletic competition be considered a public accommodation?
Also, they are allowing her to compete, so she is being accommodated according to the letter of the law.
They aren't allowing him to compete against his fellow California law-recognized women. Competing against dudes not taking estrogen and who still have their junk is separate and unequal.
CrossFit never forced homey-turned-honey to chop the junk and start an estrogen doping-regimen. You make your decisions, you live with them.
yes
Shit, I forgot about this. A SCOTUS ruling about a handicapped old white guy playing golf is going to be the basis for dictating how one person competes against another in any sort of competition for all eternity.
I heard a version before here; Russia, the DPRK, and Iran need to get their act together, figure out who is going to nuke us, and just fucking do it already.
Indeed.
And my comment was stating my issue with the stupid public accomodation bullshit that infringes the rights of people to be selective, be prudent, or be assholes (depending on your POV).
/thread
Let private organizations that are not in any way associated with the government lay down whatever rules they damn well please. If you don't like it, take your fucking ball and go home.
Too late, or perhaps you forgot back in the early aughts when the Supreme Court weighed in on how the game of golf should be played.
whatever
#FirstWorldProblems
#FirstWorldProblems
Can this die already please? Unless there's some political movement to resolve civil and legal conflicts in some "severity-prioritized" manner that I'm not aware of, this is a marginally more vapid than the previous twitter/FB meme.
What? Children in Africa are starving? We should stop doing crossfit altogether, retrofit every fucking cruise ship and barge in the Western World, and repurpose every wind generator factory and nuclear research facility to pump out arms so that we can conquer every corner of the third world and shove food down their throats. Only when ALL of their children suffer the same combination of overeating and lack of physical activity that our children do can we even think about how exactly we should kick ass and take names next. YOLO.
I find it a nice way to mock the whiney, self-entitled little drama queens of the wealthy world.
The only thing relevant is that this business does not owe her the "right" to compete in any fucking thing. Hope they throw this bullshit out and charge her for the lawyers needed to defend against it.
"That's not a woman. It's a man, baby!"
-Greg Danger Glassman
Just disqualify her for taking banned substances.
The reason why many sports competitions are segregated by sex is that there are innate biological differences in the physical capabilities of men and women, making an even competition that includes both impossible in many sports. In other words, these competitions are not segregated because the differences between the sexes that matter to them are "social constructs". Because someone like Johnsson thinks of themselves as a woman, that does not make them biologically a woman even with hormone therapy. Would a female to male have much practical expectation of competing with natural born men in a competition where physical power is at a premium?
A sports organization should not be expected to compromise their rules in order accommodate everyone who doesn't fit in the way the way they hope to. Johnsson has not been damaged in any way and seeking millions from Crossfit makes Johnsson a petty, vindicative and terrible person.