Government called on to amend legislation as governing body sets out transgender inclusion plans

UK Athletics has called for the Government to make a change in legislation that would allow for the creation of an open category in which trans athletes could compete and reserving the women’s category only for athletes who were female at birth.

Following the recent release of World Athletics’ “preferred option” when it comes to rules on the inclusion of trans athletes and athletes with differences of sex development (DSD), the delicate and controversial issue has come to the fore once more.

The global governing body has outlined proposals which would permit those athletes to compete in the women’s category, but only following the increased suppression of testosterone levels.

Those plans have been met with outcry by a number of athletes and, in response to that consultation, UKA published their own preferred position on Friday (Feb 3) which is very much at odds with World Athletics. Following guidance from the UK Sports Council Equality Group (SCEG) and recommendations from their own Transgender Project Group, UKA insisted testosterone suppression was neither an effective nor a safe way forward and advocated instead for an open category.

“In recognition of the available scientific evidence, UKA believes that efforts should be made to fairly and safely include transgender women in an ‘open’ category’, which would replace the current male category and be open to athletes of all sexes; and reserve the women’s category for competitors who were female at birth, so that they can continue to compete fairly,” read a UKA statement.

Legal advice has suggested, however, that such an approach could not currently be lawfully implemented due to terms in the Gender Recognition Act of 2004 and Equality Act of 2010. UKA are therefore asking for the terms of a “sporting exemption” to be altered which would allow them, and other sporting bodies, to pursue their preferred course of action.

“The Gender Recognition Act 2004 states that people with gender recognition certificates have to be treated as female for all purposes and there’s not an exemption for that for sporting purposes,” said UKA chair Ian Beattie on what is a specifically British legal issue.

While adding that the Government appears “sympathetic to the approach that we want to take”, he also conceded that UKA would effectively be left with their hands tied should they not ultimately receive the changes they are looking for.

“I think it’s fair to say that if we didn’t get a legal change, it would be very difficult for us to go ahead with this policy because I think the risks to the organisation we would see as too high. Like any organisation, we’ve got an obligation to comply with legislation like anybody else.

“We said before, we don’t make these rules. We can try to influence so I think, at that point, we’d have to reassess what we did.”

UKA’s ultimate wish is for the World Athletics stance to change. The latter’s preferred option is at a consultancy stage but the global governing body insists no decisions have been made and current proposals may not be what is presented for a vote at the next Congress meeting in March.

“World Athletics will make rules for World Athletics level competition,” said Beattie. “We all have to abide by them. Whatever that rule comes out as. At the moment, we’re at the point we’ve been asked to input and we’re inputting and hopefully influencing in that respect.”

UKA’s position on the inclusion for transgender women in athletics 

“UKA does not agree with the use of testosterone suppression for transgender women:

1. Scientific evidence, as detailed in the SCEG Guidance is that transgender women retain a testosterone/puberty advantage over biological females regardless of the reduction of post puberty testosterone levels.
2. There is currently no scientifically robust, independent research showing that all male performance advantage is eliminated following testosterone suppression.
3. UKA has seen no evidence that it is safe for transgender women to reduce their hormonal levels by testosterone Further, there is insufficient research to understand the effects on transgender women if such testosterone suppression is carried out suddenly.
4. The category of “women’s athletics” arose as a way of enabling the inclusion of women in athletics. Women who wished to compete in athletics could not do so fairly with men, because of the physical advantages men enjoy due to their (male) biological sex. Therefore, the decision was made to create a separate, sex-based category in which people of the female sex could fairly compete against one another. The category of women’s sport arose not as a response to women’s social role or personal gender identity, but to ensure fair competition amongst female athletes by eliminating the advantages enjoyed by male athletes on account of their sex.

In recognition of the available scientific evidence, UKA believes that efforts should be made to fairly and safely include transgender women in an “open” category, which would replace the current male category and be open to athletes of all sexes; and reserve the women’s category for competitors who were female at birth, so that they can continue to compete fairly.”