Verity Kalcev

Trans-exclusionary policies fail on every measure. The benefit from promoting a worthy social goal must be proportional to the harm caused to the group or individuals discriminated against by the policy. Generally, policies that discriminate against already vulnerable or stigmatised social groups, even if they are necessary and effective in service of a worthy social goal, will fail to be sufficiently proportional. Appeal to the small size of a group will not suffice, either: the proportionality test is not a utilitarian calculus whereby a large group can benefit greatly at the expense of a few. Trans women are a heavily stigmatised and marginalised group, particularly trans women of colour. And since the benefits to society of discriminatory policies that further harm an already marginalized, stigmatised group tend not to be proportional, excluding trans people fails the proportionality test. The harm to trans people caused by excluding them from the ponds is not proportional to any proposed benefit to (cis) women or men.