The problem is that if a sports regulatory organization is going to organize competitions by gender, then they should clearly define (a) what constitutes being male or female and (b) how a person is tested to see if they fit one one definition or the other. Everyone should then have to be tested. Some people won't be able to compete because they don't fit the definitions, but we are all "regulated out" of various opportunities for various reasons.
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The problem is that if a sports regulatory organization is going to organize competitions by gender, then they should clearly define (a) what constitutes being male or female and (b) how a person is tested to see if they fit one one definition or the other. Everyone should then have to be tested. Some people won't be able to compete because they don't fit the definitions, but we are all "regulated out" of various opportunities for various reasons.