Elizabeth Gardner

(i) Title and Citation

Renee Richards, 93 misc 2d 713 (1977)

V

United States Tennis Association et al. (USTA)

(ii) Facts of the Case

The plaintiff Dr. Renee Richards, an ophthalmologist, husband, father, and a well ranked

men’s tennis player, decided at the age of 41 to undergo sex reassignment surgery. After the

surgery, Dr. Richards played in nine women’s tournaments, winning two and finishing as a

runner-up in three.

Dr. Richards claims a violation of the New York State Human Rights Law (Executive

Law, § 297, subd 9) and the Fourteenth Amendment to the United States constitution. She

now wants a preliminary injunction against the defendants, the United States Tennis

Association (USTA), United States Open Committee (USCO), and the Women’s Tennis

Association (WTA). Dr. Richards states “So that I shall be allowed to qualify and/or

participate in the United States Open Tennis tournament as a woman in the women’s

division.”

She is not allowed to participate or qualify because of a test called a sex-chromatin test

(also known as the Barr body test). The test shows if there is a second x chromosome that is only

found in females.

(iii) Issues

The plaintiff believes she should be allowed to qualify/participate and not be determined only

by one test. If that test was given to Dr. Richards she would fail, but there is another method that

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could be used and she would pass. She has the external genital appearance, the internal organ

appearance, gonadal identity, endocrinological make up and psychological and social

development of a female.

The Barr body test or sex-chromatin test determines if there is a presence of a second x

chromosome. Until August1976 there had not been a sex determination test for the United States

Tennis Association national championships in the ninety-five years it has been there.

(iv) Decision

The court finds the defendants and each in violation of the plaintiffs rights uner the Human

Richs Law, thereof, the plaintiffs application for a preliminary injunction is granted in all

respects.

(v) Reasoning

The court found that it was “grossly unfair, discriminatory and inequitable, and violation of

her rights under the Human Rights Law of the state…” (Executive Law, § 290 et seq.) to make

Dr. Richards pass the Barr body test in order to be eligible to participate in the United States

Open. The court felt the defendants knew the plaintiff would not pass this test and did so, used

this test as a way to exclude Dr. Richards from competitions.

The court also felt that if this family man felt the need to have sex-reassignment surgery,

the fears that the defendants may have must not stop them from believing the overwhelming

evidence that Dr. Richards is now a female.

Elizabeth Gardner

The Barr body test requires the mouth of the patient to be scraped for one hundred to two

hundred cells. An oval concentration of dye is used to identify the percentage of cells that carry

the x chromosome; the heavier the dye around the cells reveals the second x chromosome.

Dr. Granto, performed the surgery on Dr. Richards states that “Dr. Richards underwent

endocrinological testing and administration of female hormones so that he is now a woman.”

Also he removed the testes, the main male organ (androgen) which decrease the male hormones,

decreased muscle mass, decreased structure of muscle/fat ratio of male to female, all of this with

adding the development of breasts.

(vi) Separate opinions

Not applicable.

(vii) Analysis

The plaintiff, Dr. Richards, at the age of forty-one decided to undergo sex reassignment

surgery. Dr. Richards wanted to be allowed to play women’s tennis. Now that she is a female she

needs to participate in women’s sports. Although she is not allowed because of a sex

chromosome test called the Barr body test. She now feels it’s a violation of the New York State

Human Rights Law (Executive Law, § 297, subd 9).

In my opinion, I believe that he has no advantage over the other women in the

competition. Physically and mentally she is a woman. Because Dr. Richards is eliminating the

male hormone (androgen), she now also has the muscle mass of a female, structure of the

muscles/fat ratio of a female as well. With all these factors, I do not see how there is any

advantage. With this being said I also do not believe that the Barr body test should be the only

Elizabeth Gardner

test used. Especially knowing the circumstance, you should use a more extensive and more in

depth test to really get the best results. This test is only in affect anyways to make sure that there

are not men posing as women in order to play against other women so that they can beat them

and win all the prize money available. This is not the case with Dr. Richards, she is simply now

a woman that wants to participate not necessarily for the money but for the competition and fun

that goes along with it.