Laws on gender fail to protect women’s sport, say athletics chiefs
THE Government was caught up in a row over transgender athletes last night after a sporting body claimed that the law failed to protect women’s sport.
UK Athletics (UKA) issued a statement calling for a “legislative change” to “ensure the women’s category can be lawfully reserved for female [at birth] competitors”.
It made the comment after Rishi Sunak said “biological sex really matters” in relation to policy in sport and prisons, and as the sector grappled with issues of fairness and inclusivity for women and trans athletes. It also comes amid deepening tensions between Westminster and Holyrood over Nicola Sturgeon’s gender reform legislation.
The First Minister faces a crisis over the case of Isla Bryson, a transgender woman who was convicted of raping two women when living as a man and sent to a women-only prison. Ms Sturgeon has refused to be drawn on whether Bryson was a woman, even though her own law states that people can self-identify their gender.
Michelle Donelan, the Sports Minister, is to ask sports’ governing bodies what progress has been made on balancing transgender inclusion with fairness when sex can affect results. The UKA has claimed that this is an issue for the Government, not governing bodies.
Ian Beattie, its chairman, said that UKA wanted competition categories but warned of “key challenges in achieving this under current legislation”.
He said: “Athletics is an incredibly inclusive sport and we want it to be a welcoming environment for all to enjoy competing in. I cannot think of another sport that encompasses such a diverse community. At the same time, we also have a duty to ensure fairness in competition in the women’s category.”
Mr Beattie added that the UKA statement demonstrated the challenges facing UKA and sports bodies. “Therefore, we are calling for a change in legislation that will provide clarity for all and ensure the women’s category can be lawfully reserved for female-at-birth competitors,” he said.
“We would appeal to all engaged in this discussion online to share their thoughts in a way that is respectful of the differing opinions and sensitive nature of the debate.”
The Gender Recognition Act 2004 means that those awarded Gender Recognition Certificates (GRC) may have their new gender recognised for “all purposes”. However, the Equality Act 2010 carries a sports clause making it “lawful to restrict participation of transsexual people in such competitions if this is necessary to uphold fair or safe competition, but not otherwise”.
The Equality and Human Rights Commission said it was “likely to be lawful for a sporting body or organisation to adopt a trans exclusive policy in relation to gender-based sporting competition, where it can evidence that it is necessary to do so in order to secure fair competition or the safety of competitors”.
The watchdog said: “We are disappointed that [UKA has] chosen to publicise [its] inaccurate advice and we would urge all organisations to consult our website, which explains equality law and how it relates to these issues.” The Department for Culture Media and Sport said: “The legislation is clear” and that the Equality Act “displaces the rule that a person with a GRC is to be treated as being of their acquired gender”.
Dr Jane Hamlin, president of The Beaumont Society, which supports trans and non-binary people, said sports should “be sensitive to the needs of all participants, however they identify”.
“It is up to the UKA to ensure the rules are fair. It is not easy being trans – particularly in the UK at present – but it must be heartbreaking to be labelled a cheat just for pursuing a sport that you love”, she added.