header-logo header-logo

24 February 2023 / Michael Walker , Nadjia Zychowicz
Issue: 8014 / Categories: Features , Equality , Sports law , Discrimination
printer mail-detail

Trans participation in rugby: an unlawful exclusion?

112067
For LGBT+ History Month, Michael Walker & Nadjia Zychowicz explore the legality of the Rugby Football Union’s ban on transgender women competing in female-only forms of their games
  • The Rugby Football Union’s ban against transgender women playing women’s contact rugby breaches the Equality Act 2010.
  • The ban is not a proportionate means of achieving the legitimate aim of protecting the safety and fairness of the sport.

Last summer, by a vote of 33 to 26, the English Rugby Football Union (RFU) voted for changes to its gender participation policy. These changes meant players could only participate in women’s contact rugby ‘if the sex originally recorded at birth is female’, resulting in a blanket ban against transwomen participating in the sport.

When evaluated in the context of the UK’s legislative framework for equality and human rights, this ban breaches the Equality Act 2010 (EqA 2010).

EqA 2010 protects people from discrimination on the basis of their protected characteristic(s) in certain spheres of society—such

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
back-to-top-scroll