Thread by @Scott_Wortley

The article by @danroan on the @twelve0fiveUK protests and the FA approach allowing natal males to play women's football sets out the FA position. The FA position demonstrates a lack of understanding of the legal position
bbc.co.uk/sport/football…

The FA position is set out here.

It effectively suggests that lhe law is stopping it from implementing a policy such as is adopted in athletics and rugby and swimming. It suggests the test on excluding transwomen from women's football is one of strict necessity.

The language used almost appears to suggest that a blanket rule cannot be applied. And indeed the policy is indigidual focused. This is characteristic of the guidance offered by some lobbyists who have given training on equality legislation, rather than the positionin the Act.

There are problems with this.
First, the FA position disregards the approaches of other sports which are reassured their approach (and blanket policies in relation to natal males) is compatible.

Second, the individualistic approach is not what the legislation says. The key provision is s 195 of fhe Equality Act 2010.
legislation.gov.uk/ukpga/2010/15/…

The wording of the gender reassignment discrimination provision permits approaches where it
"is necessary to do so to secure in relation to the activity—
(a)fair competition, or
(b)the safety of competitors."
This language does not just appear in relation to gender reassignment

Look at the age discrimination provision in s 195 (7). It allows policies regarding age "if it is necessary to do so—
(a)to secure in relation to the activity fair competition or the safety of competitors"

The language is identical. But no one argues that an age limited policy applies on an individualistic basis, that a 25 year old can participate in an under 18s game.
This matters.

The context of the provision means the same approach to interpretation of the wording regarding age discrimination will apply in relation to gender reassignment discrimination. Blanket policies are permissible.

The test of necessity is not about the impact on individuals, but on the wider concepts of fair competition and safety. If that is not adopted the age limits for sports are also up for grabs.

That this is permissible seems affirmed by the explanatory notes to s 195 which talks in general terms not specific individuals.

Explanatory notes are a valid aid to interpretation.legislation.gov.uk/ukpga/2010/15/…

If the FA persists in its approach that no blanket policy is permissible where does it stand on age group limitations?