Suing for what

Update 12/29/09).--Apparently this may be a hoax. Or so says the attorneys representing Caster Semenya. They're in discussioin with the ASA and IAAF over her status and publicity, but they say a lawsuit isn't in the plans. So, I sit corrected about the story, but not my view if it happens. That won't change, only if the lawsuit is real or not.

Original Post.--I read today (12/28/09) that Caster Semenya is suing the International Associations of Athletics (IAAF) and Athletics South Africa (ASA) for a combined value of $138 Million. Yup, that's a lot of money. It seems, according to the news story, the IAAF and ASA mishandled her tests and public release of the results that she is a hermaphrodite. Like professional (even the "amatuer" ones are professional when the train 24/7) athletes have any right to privacy when they compete?

It's interesting to see almost everyone in the transgender community supported her when she competed in the summer games, and won so handlity it raised obvious flags something was right with this girl. Recently both the IAAF announced she could keep her medals and title from the summer games, but they didn't mention if she would be allowed to compete in future games, or at least not without some changes.

I for one sided with the other women athletes who were wronged. Caster is a unique person, no doubt, but she's far from being female on the same level as, to use a phrase, "normal" athletic women. I felt the complete test results should have been made public so everyone knew who she was. That's no different than any other athletes who assumes test to confirm their sex or drug compliance isn't private.

The problem know is we won't know exactly what she is, what form of hermaphrodite to better understand the situation. All we know is what has been released, which was she was born male with internal testes and possibly an external vagina, and no female reproductive system, not something women have. And the testosterone when the testes worked clearly effected her body and abilities, and unfairly as the other women athletes maintain. And I agree.

What the transcommunity fails to understand is that this isn't about one person alone, but one person in context. The international athletics organization have established rules for transpeple to compete, and Ms. Semenya didn't meet the critieria to compete in women's events as a woman or a (trans)woman. It's that simple.

And now she's suing. I'm sorry for her but, as I've said before, she stepped into the spotlight to compete, and winning, as she clearly did, put her being and history into the spotlight. She can't say now she was damaged and wants compensation for the embarassment and mental damages. She wanted to run and even if she knew the consequences or not, she knew she would get attention.

That doesn't merit suing the organizers. She has a legitimate complaint against some people in South Africa who let her compete despite knowing the truth, which we'll never know, yet anyway. The trial may open those pages. But she doesn't have a complaint beyond that. She should have known about herself and her condition, and she still wanted to compete.

No doubt she was a victim of gender politics. No doubt she was used by the ASA for their agenda. And for that she deserves some compensation. But she doesn't deserve to add to the gender politics herself by making her the issue. And I expect the ASA and IAAF will settle the matter for considerably less to avoid the publicity of a trial.

And that's the sad part of the whole thing. She's adding to the calamity, putting herself in the spotlight again. And maybe this time we'll get more information about her and the situation, which is exactly the opposite of what she wants, the public release of the truth. But she did flip the light switch on herself, and for that, she has no one else to blame.

And in the end, she proved she's as normal as everyone else. It's not about what happened. It's about the money.