When the Court of Arbitration for Sports struck down the IAAF’s Rules on Hyperandrogenism, Sebastian Coe wasn’t amused. When Caster Semenya took the 800 meters gold at the 2016 Rio Olympics, Coe was downright unhappy, and he announced that the IAAF was working to deliver the evidence that the CAS had found missing in its 2015 ruling: evidence for the proposition that elevated testosterone levels in women athletes provided these athletes with an unfair competitive advantage.

In 2017, the IAAF presented what they took to be such evidence; and last week, they presented their new rules on gender eligibility. According to the new rules, in all races from 400 meters to the mile, women with elevated testosterone levels will be forced to either lower them – or to give up their sport.

These rules, to take effect in November, are no better than their predecessors. In fact, they might be worse.

There is, first, the glaring ethical issue of forcing athletes to accept an unnecessary medical intervention in order to be allowed to compete. (The Rules on Hyperandrogenism were used to justify castrations, vaginoplasties, and clitoroplasties on young women athletes, who may not have been in a position to give informed consent to these procedures.)

Second, there is the selectivity of the new rules. They only apply to four (Olympic) disciplines out of 21. The justification for this is a study commissioned by the IAAF, published last year. The authors of the study purport to show that the correlation between “free testosterone” levels and performance at the top level is significant in these disciplines. What the new rules do not reflect is that the authors also found a significant correlation in two other disciplines, the pole vault and the hammer throw. No other discipline showed a significant correlation.

The study was based on blood samples taken during the IAAF World Championships in Daegu 2011 and Moscow 2013. Every athlete who finished her competition and went through an anti-doping control was counted – even those whose high testosterone levels could be traced to doping. The study took the highest and the lowest tertile of testosterone levels and compared the athletes’ performances to the mean performance. Yet the testosterone levels in the highest tertile ranged from “somewhat elevated” to “extremely elevated” (or “in the normal male range”, in IAAF doctor speak). There is no way to tell from the study whether extremely elevated levels also lead to an extremely enhanced performance. Nor is there a way to tell what specific advantage testosterone is supposed to confer in the disciplines that showed a significant correlation; the authors speculate that it might be enhanced visuo-spatial coordination in the pole vault and increased lean body mass and aggressiveness in middle distance running – but the study itself doesn’t give any definite clues; and the question remains why, if testosterone can have such varied effects, they show up in less than 40% of all Olympic disciplines.

And even if the study constituted proof that testosterone conferred an unfair advantage, there’d be no reason whatsoever to exclude pole vault and hammer throw from the new rules. So as things stand, the new rules look completely arbitrary even on their very own terms – and it seems obvious that they primarily target Semenya. They affect her disciplines (the 400, 800, and 1500 meters) and Semenya is the most prominent and by far the most successful athlete to have come to the attention of the IAAF gender police. Bluntly put, it seems that the IAAF either wants to get rid of Semenya or force her to artificially lower her performance levels to a point where she’s no longer winning.

The IAAF has been trying to come up with definitive rules for eligibility in women’s competition for over half a century. (Access to men’s competitions was never regulated.) Their efforts have largely been unsuccessful. By now, they have largely given up on the specter of the “male impostor” (suggesting that men might pose as women for “easy” athletic success) which ruled the introduction of eligibility rules in the 1960s. But they still insist that not every woman should be allowed to compete. In other words: while they have accepted that Semenya is a woman, they still cannot accept that she ought to be allowed to compete as she is.

Third, the IAAF still hasn’t explained convincingly why they insist on regulating eligibility in (pseudo-)medical terms in the first place (other than the obvious and obviously poor reason that they don’t like the media attention for Semenya and the races she participates in). They claim that they want to ensure fair competition, but on the basis of the (pseudo-)medical terms they have introduced into women’s track and field, there can’t be fair competition.

The IAAF’s obsession with testosterone suggests that by leveling one anatomical factor, they can level the entire playing field for professional sport. But that’s obvious nonsense. Not only is the commissioned study unclear about what exactly the relevant advantage conferred by testosterone might be, there’s also no mention of other obvious anatomical factors that confer an advantage: for instance, height in high jumping. (If high jumping had a scoring system that was adjusted to the jumpers’ height, Stefan Holm, one of the smallest-ever high jumpers to compete at the top level, would have been literally unbeatable.)

So either a lot more anatomical factors would have to be regulated, and consequently, a number of height, weight, flexibility, etc. classes created – or the IAAF could simply accept that one’s social and legal identity as a woman is enough to be allowed to compete in women’s competitions.

But what about Semenya’s obvious dominance? – one might ask. (After all, many of her opponents have complained about having to compete against her without standing a chance). If we look at Semenya’s 800 meter races in the most recent international events, she was dominant, but not beyond what “dominance” means in other disciplines. (In the 1500 meters and the 400 meters, she can compete for international medals, but she isn’t dominant at all).

Consider the pole vault and the hammer throw, the two discplines excluded from the new rules. For years, the pole vault was dominated by Yelena Isinbayeva – to such a degree that the only interesting question in a high-profile competition was whether Isinbayeva would set a new world record (she set 30 world records during her career; Semenya’s times haven’t come anywhere near a senior world record).

The hammer throw is currently dominated by Anita Włodarczyk. Włodarczyk has improved the world record seven times, became Olympic Champion in 2012 and 2016, World Champion in 2015 and 2017 (in 2013 losing only to Russian Tatiana Lysenko, a repeat doping offender, whose Olympic Gold from 2012 went to Włodarczyk) and European Champion in 2012, 2014, and 2016. If Włodarczyk is in shape and mentally sharp during the competition, her opponents typically don’t stand a chance. Yet if this is not an issue of fairness, why is Semenya’s performance? After all, we can assume that Włodarczyk, like Semenya, has an athletic predisposition that makes her exceptionally suited for her discipline – and that she trains extremely hard to stay on top of her game. Yet only in the case of Semenya is it assumed that somehow her predisposition is unfair (and thereby implied that she could be so successful even without training).

And what, finally, about the possibility that national sports federations could specifically seek out “intersexual” women with athletic talent? – This, too, is widely accepted practice, as long as it does not concern women who might have intersex traits. And it’s called “scouting for talent,” not scouting for intersex traits. Of course, physical features will play a role, but consider, for instance, the criteria any basketball scout would use to find promising young players. So in this case, it is not clear either why testosterone – or intersex traits more broadly speaking – should make a significant difference.

And so the supposed concern with ensuring fair competition still look like it’s really about policing gender presentation.

M.B. is currently a post-doc at the Institute for Christian Social Ethics at the University of Münster, Germany. She specializes in the ethics of sexuality and gender and the ontology of social groupings.