Two sports governing bodies in the United Kingdom have restricted female categories to biological sex.
The Football Association of Wales and the Royal Yachting Association amended their eligibility criteria after receiving formal legal warnings issued to 10 sports organizations from Alliance Defending Freedom.
The christian legal organization warned that permitting biological males to compete in women’s sports violates the U.K. Equality Act 2010 and the landmark U.K. Supreme Court ruling, For Women Scotland Ltd v. The Scottish Ministers, in which the court unanimously held that the word “woman” refers to biological sex in the Equality Act.
They also made mention of Section 195 of the Equality Act, which allows sex-based restrictions in competitive activities where differences in physical strength, stamina, or physique affect fairness or safety. In addition, ADF International cited updated guidance from the Equality and Human Rights Commission, which states that participation in gender-affected sports is to be based on biological sex. It also noted that biological advantages are applicable in both contact and non-contact sports like pool.
These admonitions have since yielded fruit, as the Football Association of Wales reviewed its legal framework and announced that eligibility for sex-reserved competitions will now be determined by biological sex. The Royal Yachting Association has released an updated policy confirming that where it serves as the organizing authority, it will apply rules on the basis of biological sex. It did however say that local clubs may set their own rules. ADF International has noted that this permission open the door to compliance being at the discretion of local authority.
Meanwhile, other sports bodies received legal warnings and have also started reviewing their policies. Swim England announced a review of its eligibility policy, as well as Parkrun and Rounders England, who say they are conducting policy assessments.
Reacting to the news, Olympic medallist and Conservative peer, Sharron Davies MBE, welcomed the changes that have been made, but says that it is not enough.
“The Football Association of Wales and others have taken important steps to restore safety and fairness in women’s sport, in line with the law, science, and common sense,” she said.
As long as women and girls are exposed to harmful situations and subjected to an unfair playing field, they will continue to lose out or opt out. The law, the Supreme Court ruling and the EHRC Code of Practice are crystal-clear: there is no excuse for inaction or for ambiguous policies that do not go far enough to protect women and comply with the law,” she also declared.