Irish Examiner view: Sporting chance for trans’ rights

Contact rugby for players in the women’s category is limited to those whose sex was recorded as female at birth.

It is of no surprise that new rules, here in Ireland and overseas, affecting the participation rights of trans women in rugby should be subject to legal challenge.

It is a contentious subject which is rich in opportunities for advocacy and profile, and we may expect much of that, particularly as we are on the cusp of international events such as world cups and Olympics.

In the Republic, legal experts say that the IRFU has been “disproportionate” in its plan to ban trans women from taking part in the sport and that its proposals breach equality legislation. 

Contact rugby for players in the women’s category is limited to those whose sex was recorded as female at birth. The decision reflects earlier conclusions reached by England’s Rugby Football Union and World Rugby.

Any legal case in Ireland would be precedent-setting. In England, a trans player, Julie Curtiss, has issued a pre-action protocol letter — a device designed to encourage settlement before the need to commence proceedings — to the governing body.

This case also rests of the interpretation of equality legislation. Curtiss says that rugby “inherently supports diversity in strength, height, speed and weight”, adding that “the game has only reached half-time”.

That is for sure. And there may be extra time as well.