I approach the topic of trans athletes with a unique perspective: I'm a trans woman who transitioned at age 12 and I have a cisgender sister who plays D1 Field Hockey as a student athlete. I've seen the endless amount of work, blood, sweat, and tears my sister has put in to competing at the highest levels and earning scholarships/financial aid to attend a prestigious college. I've always admired her drive and seemingly limitless ability to rise to any challenge. While I am devastated any time she experiences losses in her athletic career—and to be perfectly candid, her team loses far more frequently than they win—I think if someone were to try and ascribe those losses to the gender identities of her competitors, it would be an immense disservice to the work that all athletes put into their craft, particularly at the collegiate levels.

When it comes to this level of sports, first and foremost, no singular "biological advantage" could possibly hope to overcome hard work. As an almost comically unathletic trans woman, if I were to attempt to compete against elite athletes, I would have no hope of winning. It's my understanding that sports are the definition of a meritocracy. We often celebrate biological differences or advantages in other athletes like Michael Phelps, who's body chemistry is uniquely suited to swimming very fast, but trans women are somehow separate or more political for some reason? Having watched my sister train, I recognize the brutal efforts that go into achieving even the slightest of edges. And I can see how it might be frustrating to compete against a trans woman—who perhaps only transitioned within the past few years—who also approaches the sport with that same level of intensity and drive, especially if you don't understand or empathize with why she identifies as a woman or would feel more comfortable participating in women's sports. It can be tempting to see advantages where there is only tireless effort, but we must acknowledge reality: trans women do NOT win overwhelmingly across the board and they should not be banned from participation on the basis of their identity alone. 

I recognize that many have serious concerns about fairness, but I must question whether these concerns can even be addressed by this action. Biology is complicated: the influence of testosterone levels may not be negligible when it comes to athletic performance. But I would argue this can be understood as true without neglecting that the issue of trans athletes is infinitely more complicated than "testosterone gives advantage, therefore ban them all." The last time my hormone levels were tested, my testosterone levels clocked in at 18 ng/dL. This is on the lower end of average for cisgender women and likely a lot lower than many cisgender female athletes competing at the highest levels. I am just one trans woman, but I am by far not the only one with levels this suppressed. While I do personally believe all people should be allowed to participate in whatever team they feel aligns with their identity best, I recognize there are many Virginians who would disagree. But I cannot abide by the blatant and reckless disregard for the complexity of this question as demonstrated in the proposed action (and policies of a similar nature which have been defeated each and every time in the democratically-elected General Assembly).

Every trans person is different. Our transitions, our healthcare, our interests, hobbies and needs cannot be confined to the overly simplistic interpretations so often trumpeted by those who seek to restrict our rights and bar us from participation in public events. I strongly believe that participation in athletic activities should be decided on a case-by-case basis by governing athletic organizations, as has been done by many organizations in Virginia over the past decade or so (most notably, the VHSL but the NCAA also used to operate with a similar policy). 

Even with the most generous of interpretations, no universal ban can possibly be considered fair. Why should certain women be barred from competing with or against other women? Who decides who gets to be the authority on a question such as this? Are there appointed gender police officers or do we rely on our neighbors to pick out and report the especially masculine-seeming women in any gendered room? We've seen time and time again that policies like Action 4905 lead to increased scrutiny on ALL women. There are countless women that look like men, dress like men, or get mistaken for men. This action puts them at serious risk and is outright discriminatory to their experience in shared spaces or on athletic teams.  Women across the country, who supposedly don't look like "real women," are being kicked out of public spaces, harassed, and in some cases even arrested simply for their non-normative appearance. We certainly should not be empowering others to question and police the gender of anyone around them, because it's obviously a very subjective experience. At the very least, it should be exceedingly clear that the Virginia Board of Health is not the final authority on who gets to be woman. 

I understand the uncertainty felt by many over trans women using certain gendered facilities. However, to pull from personal experience, I use the women's restroom every day and have never had an issue with anyone. I grew up playing casual sports at recess and with friends, had slumber parties with my female friends, have been in wedding parties as a bridesmaid, was nominated to homecoming court, and even participated in a girl's beauty pageant at my high school. I've been in all kinds of female spaces and the only people that seem to care are those who've never had the chance to know me as a person. This is not a black and white issue, although many comments supporting this action will attempt to paint it as such. There are real people, real children, real women that this action bars from inclusion and it will have lasting consequences. 

To outright deny a particular kind of person from participation in any activity, to deny them access to a safe space to change or use the bathroom, solely because of the way they are born seems absurd, unnecessary, and outright discriminatory. While this proposed action proclaims to hold "fairness" in high regard, I fail to see how it could in any way live up to that so-called ideal given the immensely unequal way in which it treats transgender women like myself. I fear this proposed action is just another in a massive wave of attempts to villainize and stoke fear of an incredibly vulnerable population who simply want to live their lives. 

The simple fact of the matter is that this conversation does not belong in the hands of an appointed Board of Health acting out the will of a lame duck administration. This is not a matter of public health, it is politically manufactured scapegoating meant to distract, enrage and harm. That is far beyond the scope of what this state agency is mandated to do. History has shown us time and time again that it favors progress, not reactionary backsliding. Trans women are women, they should be treated accordingly by all state policies and laws. It is for these reasons and many more that I am writing to express my sincere opposition to Action 4905. Thank you.