SPORTING BODY POLICIES

UPDATED: 21 OCTOBER 2025

On 16th April 2025 the Supreme Court Judgment (16th April 2025 For Women Scotland Ltd (Appellant) v The Scottish Ministers (Respondent)) confirmed that the term ‘woman’ in law means the biological sex of female. The term ONLY applies to women and girls.

​In sport, that means the Female category must only include women and girls whose biological sex is female.

The FWS Judgment was used in the recent case (1st August 2025) of the male pool player Harriet Haynes versus the English Blackball Pool Federation. Haynes brought a case of discriminations against the EBPF on the basis of his protected characteristic of holding a Gender Recognition Certificate. The Judge ruled that the case be thrown out as the FWS Judgment made clear that males in possession of a GRC could lawfully be excluded from the female category. 

The case was also important as it tested the sport exception under section 195 of the Equality Act 2010 and the separate sex services exception under paragraph 28 of Schedule 3 to the Act. This is the first discrimination claim in which the sport exception has been considered. The Judge ruled that pool is a gender-affected activity and that excluding males from the female category is necessary to secure fair competition and this was a proportionate means of achieving a legitimate aim.

Below, is a list of sports with governing bodies recognised by Sport England (NB some sports have two recognised governing bodies). These are all gender-affected sports. The FWS Judgment and the case of Haynes v EBPF are clear – no sport which offers a Female category should include males. Furthermore, no male has the right in law to self-identify into a female changing room, toilet or other single-sex space.

We have listed those sports that are UNLAWFUL and those that have complied with the law (GOLD). Numerous sports have policies ‘under review’ and many have stated that they are waiting for guidance from the Equality and Human Rights Commission. 

No sport needs to wait for this guidance as the FWS ruling is quite clear. The EHRC has stated: ‘the law as set out in the Supreme Court’s very readable judgment is effective immediately.

‘Those with duties under the Equality Act must comply with the law and should be urgently reviewing what changes need to be made to their existing policies and practices.’

If your sport is listed as UNLAWFUL below, please contact the CEO / Chair and ask why they are delaying implementing fair and safe sport. If you need advice, contact sports@womensrights.network