Kenya’s state-funded human rights body does not want intersex athletes in the country to lower their hormone levels as a requirement to compete in any sport.

The Kenya National Commission on Human Rights in a proposal to the National Assembly notes it will ensure non-discrimination and fairness for intersex people in sports.  

The proposal in the Intersex Persons Bill, 2024, is among numerous amendments to existing laws that seek to grant intersex people equal rights after the government in 2019 officially recognized them as a third sex.

According to the bill that would amend Kenya’s Sports Act of 2013, this will require the Sports and Youth Affairs Ministry’s Cabinet secretary and the National Council for Intersex Persons, which the measure would create, to develop measures that ensure fairness for sporting intersex people when enacted.            

“The measures shall not require a person to alter their biological hormonal composition as a condition to participating in any sporting activity or program,” reads the bill. 

Although the measures would apply nationally, they would contradict the World Athletics Council’s 2018 regulations that similarly bar female transgender athletes from participating in international competitions, such as the Olympic Games. Intersex Kenyan athletes have to abide by these rules at the global level.       

The World Athletics through the regulations noted trans women who naturally have higher levels of testosterone compared to ordinary women have to undergo medication or surgery to lower their testosterone levels as a condition before competing in races of between 400 meters and a mile. Kenya’s National Olympic Committee supports these rules.

Some top female trans athletes barred from competing in the Olympic events from the World Athletics regulations due to their high natural testosterone levels include Margaret Wambui of Kenya, Caster Semenya of South Africa, Aminatou Seyni of Niger and and Francine Niyonsaba of Burundi.

The trans athletes opposed the World Athletics regulations with Semenya challenging them in court, but lost the case, even though the U.N. Human Rights Council in 2019 criticized the rules. UNHCR cautioned sports bodies not to “force, coerce or otherwise pressure women and girl athletes into undergoing unnecessary, humiliating and harmful medical procedures.” 

Kenya National Commission on Human Rights Deputy Director Veronica Mwangi, who spoke with the Washington Blade about the bill’s controversial proposal, said Kenya, which is the only African country to recognize intersex people as a third sex, has started the conversation with a “bigger picture” for the international sporting bodies to create an alternative competition for them to exploit their talents without reducing their hormonal levels or interfering with their biological characteristics as the condition before competing.      

“As KNCHR, we are very clear that we cannot afford to continue discriminating and marginalizing persons who are born as intersex, but rather we can promote conversations of inclusivity where the Semenya of South Africa, an equivalent of Semenya in Uganda and an equivalent in the U.S. or Kenya can have a special sporting event like the Paralympics for persons living with disabilities,” Mwangi said. 

She also questioned the fairness of World Athletics and other international sporting bodies in demanding “the Semenyas or talented intersex persons” to undergo hormonal therapy which then affects the athletes’ well-being after interfering with their biological anatomy.   

“These governing sporting bodies should not come back to us that it is the intersex persons to carry the blame,” Mwangi said. “It is not the responsibility of the intersex (person) but they are duty-bearers and should think of mechanisms to grow their talents and not find an easy way out of demanding to change who they are.” 

Mwangi disclosed the proposal is driven by KNCHR’s special task force report that found most intersex school children are talented and perform well in sports. 

Kenya’s Intersex Persons Implementation Coordination Committee is already identifying talented intersex people, including those in schools, to support their growth in sports. Kenya’s 2019 Census found there are 1,524 intersex people in the country.

Other amendments to the Intersex Persons Bill include an employment provision that would cap an intersex person’s monthly income tax at 25 percent of wages, compared to other Kenyans whose maximum taxable income stands at 35 percent, depending on one’s monthly total earnings.  

“Capping the income tax or wages for intersex persons at 25 percent is a tax consideration in the form of an affirmative action to uplift them in economic development and it is similar to that of persons living with disability who are tax exempted as marginalized groups,” Mwangi said.

The bill further seeks to amend the Health Act for any parent with an intersex child born at home to report the birth at the nearest government administration office or risk a fine of not more than $1,000 or a six-month prison term, or both, after being found guilty of concealing an intersex child’s identity.

The proposed law, moreover, seeks to create the National Council for Intersex Persons, whose mandates would include the creation of initiatives and programs to prevent discrimination against intersex people, creating a database for all intersex people and accrediting the group for employment purposes.  

Patrons at The Cabot theater in the suburban Boston town of Beverly were all set to celebrate the 49th anniversary viewing of the classic 1975 Steven Spielberg horror film “Jaws,” along with a question and answer with one of the film’s stars actor Richard Dreyfuss, when from the minute Dreyfuss appeared on stage, the event derailed.

Dreyfuss walked onto the stage wearing a blue floral pattern house dress, pausing to turn away from the audience and shake his hips suggestively, actions that were caught on multiple mobile phone video footage posted online. Then two stage hands appeared and tore the dress off the actor who then took his seat opposite the event’s moderator.

According to Variety and the Boston Globe’s reporting, Dreyfuss ranted about subjects reported to include transgender people, Barbra Streisand, the #MeToo movement, and women in general. As attendee Diane Wolfe described it to the Boston Globe, “[Dreyfuss] said that the parents of trans youth, allowing them to transition, was bad parenting and that someday those kids might change their minds.”

A number of members of the audience took offense and left the venue. On The Cabot’s Facebook page one attendee wrote: “This was disgusting. How could The Cabot not have vetted his act better. Apparently (I found out too late), he has a reputation for spewing this kind of racist, homophobic, misogynistic bull crap.”

The Cabot has since limited commenting on its page.

The Cabot Executive Director J. Casey Soward on Sunday apologized in a statement that read:

“We regret that an event that was meant to be a conversation to celebrate an iconic movie instead became a platform for political views. We take full responsibility for the oversight in not anticipating the direction of the conversation and for the discomfort it caused to many patrons,” Soward said. “We are in active dialogue with our patrons about their experience and are committed to learning from this event how to better enact our mission of entertaining, educating and inspiring our community.”

WBSM News Talk Sports Radio in New Bedford–Fall River reported that The Cabot also sent an email, that the station had been forwarded, to those who purchased tickets apologizing.

“Dear Cabot Patrons,

I am writing to address an important matter concerning last night’s event with Richard Dreyfuss at The Cabot.

We deeply regret that Mr. Dreyfuss’s comments during the event were not in line with the values of inclusivity and respect that we uphold at The Cabot. We understand that his remarks were distressing and offensive to many of our community members, and for that, we sincerely apologize.

At The Cabot, we are committed to fostering a welcoming and inclusive environment for all members of our community. The views expressed by Mr. Dreyfuss do not reflect our beliefs, and we do not endorse them in any way.

We take full responsibility for the oversight in not anticipating the direction of the conversation and for any discomfort it caused.

We are taking immediate steps to ensure that such an incident does not happen again. This includes more rigorous vetting of our event participants and more proactive communication strategies to keep our audience informed.

Thank you for your understanding and continued support of The Cabot.

We value your feedback and are dedicated to learning from this experience to better serve our community.”

The actor has a lengthy record of anti-trans remarks and bigotry. He has directed transphobic rants about trans youth affirming their gender and has taken aim at the Academy of Motion Pictures and Sciences calling out the Academy’s diversity efforts in a 2023 PBS’ Firing Line broadcast saying that the Academy’s focus on diversity “makes me vomit.”

“We’re so fragile that we can’t have our feelings hurt,” he also said. “We don’t know how to stand up and bop the bully in the face.”

Deadline reported that Dreyfuss apparently made similar comments at a Friday night “Jaws” screening at the Music Hall in Portsmouth, N.H. “I live in Mass, but The Cabot showing was all booked so I saw him in N.H. on May 24,” a Facebook commenter wrote. “He made anti-gay remarks that night too.”

The actor has not responded to requests by multiple media outlets for comment.

D.C. Black Pride 2024 began at The Westin Washington, DC Downtown with an Opening Reception on Friday, May 24. The “Rainbow Row” resource fair was held in conjunction with the reception and featured community organizations and other vendors’ booths.

The reception was hosted by Anthony Oakes. Earl Fowlkes, outgoing chief executive officer and president of the Center for Black Equity, was honored by a mayoral proclamation. Performers included Billy Porter, Paris Sashay, Keith Angelo, Bang Garcon, Black Assets, Marcy Smiles and Sherri Amoure.

(Washington Blade photos by Michael Key)

Center for Black Equity’s Earl Fowlkes honored by a mayoral proclamation at the opening ceremony for DC Black Pride. Covering for @WashBlade pic.twitter.com/5KPEfPP0mX

— Michael Patrick Key (@MichaelKeyWB) May 24, 2024

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