“There are now no excuses for sports governing bodies"
A landmark UK Supreme Court ruling has been described as a turning point for women’s sport by campaigners.
A human rights charity said sports bodies now have “no excuses” for allowing transgender women to compete in female categories.
The court ruled that a gender recognition certificate does not alter a person’s legal sex under the 2010 Equality Act.
Supreme Court judge Lord Hodge stated that the terms “woman” and “sex” in the Act refer to “a biological woman” and “biological sex”.
This has direct implications for Section 195 of the Equality Act, which allows exclusion from “gender-affected” sports based on sex.
The judges said the section is “plainly predicated on biological sex” and warned it could become “unworkable” if the law had to accept certificated sex instead.
Several national sports governing bodies, including those for athletics, cricket, rugby league and rugby union, have already moved to ban athletes born male or who have experienced male puberty from competing in female events.
However, other sports like football continue to allow transgender women to participate in female categories if they meet certain conditions, such as lowered testosterone levels.
The Football Association recently updated its transgender and non-binary inclusion policy.
It now includes a formal process that gives the FA discretion to refuse or remove eligibility on the grounds of fairness or safety.
Campaigners argue this ruling confirms what they believe the law has always made clear.
Fiona McAnena, the director of campaigns at Sex Matters, said:
“There are now no excuses for sports governing bodies that are still letting trans-identifying men into the women’s category.
“The judges mentioned fairness in sport this morning.
“The law was always clear that everyone male can be excluded to provide fair, safe sport for women and girls, but some people claimed it was unkind or complicated to do so.
“It’s neither of those: it’s essential for fairness and safety for everyone female.”
The Supreme Court’s 88-page ruling clarifies that biological sex takes legal precedence in determining eligibility for gender-affected sports categories.
This could lead to increased pressure on sports organisations that are still allowing transgender women to compete in the women’s category.
With the court affirming that safety and fairness for biological women must come first, campaigners hope this will lead to consistent policy across all UK sports.
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