In my opinion the way forward is to stop trying to find arbitrary ways to define gender, and just start making competition classes based on whatever factors are relevant to the event. E.g. a women with high testosterone? They can compete with men or women with the same testosterone bracket. This would also let men with low-T compete fairly rather then be excluded from the games.
It's also relevant at what point other genetic changes are "unfair." There are absolutely genetic traits that give people HUGE advantages in various competitions. Just like the gender-related properties, these are natural and yet result in unfair competitions.
There is significant grey area wrt to "doping" too in the sense that a performance enhancing drug may express as a larger than normal amount of a naturally occurring substance. So did the person dope, or is that their natural genetics? In my scheme, WHO CARES!
Beyond that, I suppose there is the usual argument against more serious and non-natural forms of doping that it is physically detrimental to the competitors and by allowing it you are encouraging or pressuring people to essentially harm themselves.
Still, competition classes could be helpful in some of the doping grey areas.
For both the genetic disorders, they would have to be beneficial or at least not an disadvantage, for elite sport activity in order to be an issue for misclassification. For a sex-determination system, they could simply add an exception for Swyer syndrome and postpone the decision until such individual presented themselves at an Olympic competition.
Lol why does this not do it?
There are currently around 10 openly transgender women in the NCAA.
Small numbers either way.
I mean the word freak in the most loving and caring way possible, mind you.
What does fairness mean in that context?
Also, there are a significant number of these sorts of arguments in high-level sports, probably precisely because these "0.1%" cases are exactly the ones that result in exceptional ability relative to norms. It's also curious that there is such obsession about naturally occurring genetic outliers with respect to females or gender but absolute silence about naturally occurring genetic outliers among men unrelated to gender. And surprise surprise the top athletes often have such outlier genetics!
If you're drawing a distinction between natural genetic difference related to only gender and no other factors then sadly it's exactly a culture war, not a war based in science or fairness.
https://pmc.ncbi.nlm.nih.gov/articles/PMC6586948/
Also warning that article has images that may be inappropriate in a public setting. I didn't realize when I linked it.
A few reasons:
1. Sex is not as straightforward as most people think, and what to do with intersex people is not clear.
2. Trans athletes are underrepresented at pretty much all levels of sport, and aren't actually winning that much, making it not actually an urgent problem.
3. The philosophical underpinnings that advantages due to differences in body development should be disqualifying is a little broken, since we do not consider Michael Phelps being double jointed as being an unfair developmental advantage.
Because those 8 women at that one Games were a lot more than all transfem Olympic athletes in history combined, the danger of ruling people out is much greater than the danger of allowing someone in who doesn't deserve it.