UK Athletics seeking law change to allow for creation of open category

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.

Advice from counsel 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…