Why is the SFA changing rules on transgender players and what does it mean?

It was confirmed on Tuesday that the Scottish FA is to change its rules on transgender players, bringing in a ban on anyone who was not born biologically female from playing in women’s competitive football.

The decision from Hampden is the latest in a series of changes across sport that affect how trans people can access competitive sport.

What new rule is the Scottish FA introducing?

The wording of the regulation is still being finalised but the effect is already decided. Before the start of next season, the existing rule book will be changed and only those born biologically female will be permitted to play in any game under the governing body’s rules.

The Scottish FA has jurisdiction over all football which runs from the grassroots at under-13 level to the top of the professional league and the national team.

What are the existing rules?

In the Scottish FA handbook, rule 20.1 states: “In any match played under the jurisdiction of the Scottish FA, other than the exception permitted in Article 20.2, all of the participating players shall be of the same gender.”

The exception referred to is for games involving players who are under the age of 15 at the start of the year, who are allowed to play in mixed games. There’s also a rule clarifying that coaching and instructional courses can be mixed.

The existing rules mean trans players can play in women’s football on a case-by-case basis, with testosterone levels being regularly monitored.

Why is it changing?

Though the existing policy was already under review, the Scottish FA is one of many organisations and institutions having to consider the impact of the decision on the legal definition of “woman” and “sex” by the Supreme Court earlier this month.

The landmark ruling, which was published with 88-pages of detail, explanation and reasoning, determined that somebody with a gender recognition certificate (GRC) cannot be legally recognised as a woman for the purposes of the 2010 Equality Act.

Judges said that the Equality Act will function properly “only if sex is interpreted as biological sex” for separate single-sex spaces, including changing rooms, medical services, communal accommodation and others.

Crucially for sporting organisations, the judges said that the Scottish Government’s interpretation of the Eqaulity Act led to “incoherence” and “impracticability” for “single-sex characteristic associations and charities, women’s fair participation in sport, the operation of the public sector equality duty, and the armed forces”.

That’s led to a wave of policy review across different sectors as organisations consider their legal protections.

Who is affected?

All trans people in Scotland.

The rule change affects any trans women with the ambition or desire to play competitive women’s football – banning them from taking part.

When the Scottish FA rules take effect, it will mean that no trans woman will be permitted to play alongside biological females in competitive football in Scotland at any level. And it effectively acts as a barrier to reaching continental or international competition without moving to a country that permits participation.

The governing body says there are currently no trans women registered to play in women’s competitive football.

However, STV News was spoken to one person who says she would have been affected were it not for injury.

Jasmine Angove was a registered player with Edinburgh Uni Thistle in the fifth tier of the SWPL last season but a serious knee injury has meant she can’t play this season and didn’t register.

Under the new ruling, Angove won’t be able to play for her club again.

“Unfortunately for me, it does feel personal,” Angove told STV News.

“I love playing grassroots football and inclusive football but I also like playing at a more competitive level.

“I like being challenged and with these girls that we play with and against I am not the strongest, I’m not the tallest, I’m not the fastest and I’m not the best.

“But I love to play with them and we have a great bond. I’ve spoken to the club today and they are all supporting me and are shocked and saddened as well.”

What are the rules in other places?

Different national associations have different regulations but the English FA said this week it is “carefully reviewing” its transgender inclusion policy following the UK Supreme Court ruling.

Their existing, recently amended, policy allows trans women to play in women’s football with reduced testosterone levels and subject to the FA’s discretion, which could include match observation by an official.

It is understood there are around 20 trans women playing in English women’s football.

And other sports?

The Scottish FA’s decision aligns football with other sports such as rugby, athletics and swimming.

Scottish Rugby previously allowed trans women to play in women’s games subject to strict criteria but brought in a blanket ban two years ago.

The Supreme Court decision means that most sports are reviewing existing regulations.

The Ultimate Pool Group has updated its policy to ban trans women, having also received a report that pool was considered to be a gender-affected sport, while the World Professional Billiards and Snooker Association is also considering changes.

What has the reaction been since the Scottish FA’s decision was confirmed?

As would be expected on any aspect of the debate, there have been opposing viewpoints.

LGBTIQ+ sports charity LEAP, and Football v Homophobia issued a joint response on social media.

“LEAP Sports Scotland and the FvH Scotland team are shocked, enraged and heartbroken by today’s news that the SFA plans to ban trans women from playing in Scottish football,” a post read.

“This policy is in contradiction to the engagement that we have long had with the SFA. We have already communicated our opposition to the SFA and will continue to challenge them on what is clearly a reactionary response to the Supreme Court ruling. We are also urgently exploring further action.

“We have not seen the details of the proposed policy. However, we understand that the policy will not apply outside of the jurisdiction of SFA regulated leagues.

“The trans-inclusionary grassroots teams, tournaments and leagues that we know and love will continue to be a celebration of what football should be.”

However, Alison Weir of For Women Scotland, the campaign group that the Supreme Court found in favour of, welcomed the decision.

“This is fantastic news for women and girls in Scotland,” Weir said.

“The Scottish Football Association is leading the world in ensuring fair and safe sport for its female players from grassroots through to international level. We applaud this policy change and hope that the remaining home nations and FIFA swiftly follow suit.

“When we talk about inclusivity, it is often forgotten that when a trans-identifying male is included within a women’s team, a female player loses her place in the team. This decision ensures equal opportunity to fair sport for female players.”

Fiona McAnena, of women’s rights campaign group Sex Matters, echoed those comments, saying: “We’ve always said everyone has human rights and everyone’s rights matter.

“Sometimes we have to pay attention to whether people are male or female because it really matters. We’ll continue to promote a recognition that it’s not unkind and it’s not unreasonable to be honest about people’s sex in those situations and spaces and services in sport where it really matters.”