This article was written by the distinguished jurist, Judge John Wilson (ret.)
“I’ve fought a lot of women and have never felt the strength that I felt in a fight as I did that night. I can’t answer whether it’s because she was born a man or not because I’m not a doctor. I can only say, I’ve never felt so overpowered ever in my life…” Tamikka Brents, commenting on her fight with transgender MMA fighter Fallon Fox
In 2014, Fallon Fox, a male Mixed Martial Arts fighter who had surgically transitioned to a woman, fought Tamikka Brents, a female. “Everything happened in the first round within the first two and a half minutes. It was a messy, bloody fight and not easy for everyone to watch. During the fight Tamikka suffered a concussion and fractured her orbital bone in her skull and Fallon Fox didn’t stop until Tamikka Brents was finally TKO’d. After the fight she received several staples in her head and skull.”
Brents recovered from her injuries; Fallon has never fought again. But though Fallon’s career as a fighter is over, the controversy over the Fallon Brents fight remains.
Shortly afterwards, UFC fighter Paul Costa made this statement: “He was born a man, and he is a man, even though he calls himself a transsexual…It’s absurd cowardice, not only by him but also by the promoters of any event that has accepted this kind of absurdity. He has simply annihilated the girls who have fought against him…I don’t want to get into [the personal aspect] of his choice, to be transsexual or not, homosexual or not. What happens here is that a man is fighting against girls, against women, as if he were one. This is absurd, and it can’t be accepted.” However, Fox found support from a medical professional. “Dr Eric Vilain, director of the Institute for Society and Genetics at UCLA, examined Fox’s medical records, told Time Magazine that ‘a male to female transsexual athlete has significantly less muscle strength and bone density, and higher fat mass, than males.’ Indeed, the transition could mean a hormonal disadvantage for Fox because of her low testosterone levels.”
Nevertheless, the fact remains that a biological male fighter broke the skull of a biological female fighter within two and one half minutes of the first round, regardless of each fighter’s respective testosterone levels.
Why is this significant? Why would this one incident from 2014 still resonate almost seven years later?
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Recently, in Verdict, Joanna L. Grossman (the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of Law) and Saraswati Rathod (a 1L student at Stanford Law School) published an article which denies this truth, and attacks the efforts being made by various states to protect women’s sports from dominance by transgender athletes. “Like the bathroom bills,” they write, “the transgender athlete bans are a reaction to an imagined problem that is not supported by either anecdotal or empirical evidence. And like the bathroom bills, the transgender athlete bans are certain to harm already-marginalized individuals—all in the name of ginning up support of the GOP’s deep-red base.”
This statement appears at the very beginning of the article, and is demonstrably untrue. The example of the Fallon Brents fight is “anecdotal” evidence for the harm caused by transgender athletes. For further evidence of harm, consider the lawsuit brought by three female student runners in Connecticut. According to the Washington Examiner, the three are suing Connecticut’s “Interscholastic Athletic Conference for sex discrimination, arguing the inclusion of transgender women denied them nearly 100 opportunities to compete in various athletic competitions during their time in high school.”
In particular, the female students cited the example of two transgender athletes who have won a plethora of running titles in recent years; “The participation in high school sports by transgender girls Terry Miller and Andraya Yearwood, both of whom are sprinters and were identified in the complaint, has sparked debate in Connecticut as they continue to compete and excel in state track events… Miller…holds the outdoor track and field State Open records in the 100- and 200-meter dashes and won two New England track titles in 2018…(d)uring the 2018-19 indoor track and field season, Miller won Class S, State Open and New England titles in the 55- and 300-meter dash.”
Contrast this with Miller’s pre-transition athletic history: “Running on the boys’ team as a ninth-grader in suburban Hartford, Terry Miller was an average track athlete, online records show, failing to qualify for any postseason events.”
Judge Wilson’s (ret.) report concludes tomorrow
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