A Queer Theory Interpretation
of The Fairness In Women’s Sports Act
Jon Braddy, Ph.D.
The Fairness In Women’s Sports
Act was signed into law by Governor Ron DeSantis on June 1st
2021—the kick-off to Pride Month for the Florida LGBTQ community. In a clearly
staged signing event, politicians and student-athletes from Jacksonville’s
Trinity Christian Academy flanked the governor and applauded his speech. Digital
projections highlighting the competitiveness and physical prowess of the Academy’s
athletic teams appeared on a screen behind the politicians and the Trinity
Christian Conquerors team. Governor DeSantis brought to the podium a young lady,
Miss Selina Soule, an athlete from Connecticut who bemoaned the struggle she endured;
having trained daily to sharpen her track and field skills, the dedication of
waking early and suffering through multiple practices, the grueling schedule
and sacrificed time that all competitive athletes must undergo for their sport,
she spoke. Selina Soule declared, “us
girls …don’t give up a normal high school experience just for participation
trophies, we race to win.”[1] The
Conquerors briefly exited the stage so the audience could watch an edited film
of Miss Soule’s performance during Track and Field competitions. Selina was
strong, fast, and agile; yet, despite her best efforts the track star only attained
a third-place ranking; bested by two transgender girls.
Ron DeSantis found this troublesome.
“In Florida, girls are going to play girls’ sports and boys are going to play
boys’ sports. That’s the reality,”[2] declared
the governor introducing the Act. Now in Florida, as in Gattaca[3],
biology is destiny. “We are going to go based on biology, not based on
ideology.”[4] Now,
the gender assigned on our original birth certificate will determine the team sport
we compete on. Its “such a commonsense issue,”[5] said
Senator Kelli Stagel. Disregarding the evidence that a biologically defined
male who takes estrogen is physically altered; his (now her) advantages originally
gained from testosterone get neutralized.
This is well-known and well-documented, hence The Fairness In Women’s
Sport Act is staged to protect the integrity of women’s sport and the records/achievements
held by females based on biology, before another Selina Soule is victimized,
hypothetically in the state of Florida. Whereas a transgender man competing against
“biologically” advantaged males is not threatening and remains outside the scope
of the Act; even with his testosterone injections he will be less a competitor;
hence, not a threat to the “integrity” of male sport competitions or
records/achievements. “This is nothing about anybody being discriminated
against,”[6]
said Senator Stagel, and again repeated, “It’s commonsense.”[7]
As I watched the signing
ceremony, I looked at the Conquerors in the background. Young student-athletes
nervously smiling during a historic media event, excitedly displaying the
signifiers of their academy; “Trinity” and “Christian” proudly scrolled across team
jerseys. Religion came to mind and I thought, WWJD? Would a young biologically-certified
male from ancient Judea, who died ushering forth a heavenly kingdom on earth, see
this Act as a step in the right direction? Again, this is not based on
ideology. Does The Fairness In Women’s Sports Act, which privileges the
body above the spirit and the soul, move American society toward greater joy
and expand love? For Trinity Christian Academy, the obvious answer is, Yes;
hence the staged photo-op. As Selina
Soule spoke of her agony of defeat at the speed and ability of the transgender
females, I felt sadness. Not sadness at her loss, but that her loss was not
reframed differently by her society; parents, coaches, friends and a few others.
They made this young lady a victim, and Selina accepted the title; “I was
robbed.”[8] Miss
Soule’s suffering could have been reframed, she could have spoken of greater
openness and acceptance; she more than anyone had an insight which,
unfortunately, was not expressed. Selina’s voice could have ushered forth a new
vision for the world of sport, rather she found a scapegoat for her suffering (two
transgender teenagers facing an already cruel world). A victim’s voice from
Connecticut co-opted by a Florida governor staging a regressive Act—was this necessary?
It’s been a great learning
experience working alongside FGCU Eagles Athletics over the past few years, I
found the student-athletes at our university refreshingly divergent from the cliché
movies and media portrayals which they themselves must struggle against. For these
athletes, the spirit of sport is about bettering the whole person through
regulated battle against a fierce competitor equally determined to win. This
desire is deeply rooted and skillfully nourished, particularly cultivated among
FGCU Eagles. In my dealings with our university’s student-athletes, one phrase
stands out, “I would rather lose a hard-fought game than win an easy one.”[9] That
which is said following a defeat has far greater meaning than the platitudes of
praise following any victory. During my
last meeting chairing the Student-Athlete Health and Wellness Committee, the
athletic program director voiced a great fear. Director Ken Kavanagh would often
report the wins and losses of the FGCU Eagles; mentioning scores, rankings,
measures and statistics that demonstrate numerically the value of our teams.
Additionally, he would discuss the high academic rankings of our
student-athletes, highlighting the importance of scholarship and solid GPAs among
those various teams. As a member of the
faculty, I was genuinely impressed. Forefront on the Committee’s agenda were
discussions of the mental resilience of our student-athletes, particularly struggles
against depression. During this last meeting, Director Kavanagh alluded to his
greatest fear; that the worst thing he could ever hear in his professional role,
something he has already experienced once in his career and hopes he will never
hear again, would be that one of our student-athletes committed suicide. The
trade-off of a championship, a high tier, a score or measure or ranking is
never worth the cost of a student-athlete’s life. Yet with a stroke of a pen,
Governor DeSantis placed his name to a law that further isolates a segment of
our state’s population, one already coping with a high level of suicide and
rejection—kids. The well-being of the souls under our charge outweighs this
unnecessary Act.
The citizens of Florida are freedom
loving and often extend that liberty to others. Religious allusion aside, the
people of this state have created a zone where stigma is rejected. The Fairness In Women’s Sports Act
writes stigma into law and a commonsense appeal is nothing more than an ad
populum fallacy, not to mention that the legislation is unnecessary and
cruel.
This law is no source of pride.
[1] Speech
of Salina Soule presented during the signing ceremony of The Fairness In
Women’s Sports Act. Jacksonville, Florida. https://www.youtube.com/watch?v=Tj-bxPVRqTs&t=1060s
[2] Speech
of Ron DeSantis presented during the signing ceremony of The Fairness In
Women’s Sports Act. Jacksonville, Florida. https://www.youtube.com/watch?v=Tj-bxPVRqTs&t=1060s
[3] Gattaca
(1997). Film. Directed by Andrew Niccol. From IMDb, “A genetically inferior man
assumes the identity of a superior one in order to pursue his lifelong dream of
space travel.” https://www.imdb.com/title/tt0119177/
[4] Speech
of Ron DeSantis presented during the signing ceremony of The Fairness In
Women’s Sports Act. Jacksonville, Florida. https://www.youtube.com/watch?v=Tj-bxPVRqTs&t=1060s
[5] Speech
of Kelli Stagel presented during the signing ceremony of The Fairness In
Women’s Sports Act. Jacksonville, Florida. https://www.youtube.com/watch?v=Tj-bxPVRqTs&t=1060s
[6] Speech
of Kelli Stagel presented during the signing ceremony of The Fairness In
Women’s Sports Act. Jacksonville, Florida. https://www.youtube.com/watch?v=Tj-bxPVRqTs&t=1060s
[7] Speech
of Kelli Stagel presented during the signing ceremony of The Fairness In
Women’s Sports Act. Jacksonville, Florida. https://www.youtube.com/watch?v=Tj-bxPVRqTs&t=1060s
[8] Speech
of Salina Soule presented during the signing ceremony of The Fairness In
Women’s Sport Act. Jacksonville, Florida. https://www.youtube.com/watch?v=Tj-bxPVRqTs&t=1060s
[9]
Articulated by a nominee of the Ken Kavanah Eagle Scholar-Athlete Award.
Interview. Meeting of the Intercollegiate Athletics Committee. 2021.
