Supreme Court Landmark Gender Ruling: Implications for Football Clubs
Catherine Forshaw is a Senior Associate and Women in Sport lead at purpose-led independent law firm Brabners.
In a landmark decision, the Supreme Court has recently clarified the legal definition of ‘woman’ in the context of single-sex sports categories under the Equality Act 2010 – a ruling which carries significant implications for professional football clubs and grassroots organisations alike.
While reaction to the decision has largely been focused on gender politics, for clubs operating within the professional game, the ruling provides much-needed legal clarity. Indeed, many clubs and governing bodies have grappled with balancing inclusivity and fair competition – the Football Association (FA), for instance, already employs testosterone-based thresholds for transgender participation. The Supreme Court judgment effectively endorses the FA’s existing direction of policy as well as the likes of British Cycling and UK Athletics, who have recently implemented restrictions based on biological sex and hormonal thresholds.
This clarity is vital for clubs to defend their eligibility criteria legally and robustly, particularly at elite levels, where fairness and safety have long been key considerations. The decision supports the stance that distinguishing participation based on biological factors is a legitimate means of achieving fair competition.
For grassroots football, however, the implications may be more nuanced. Historically, grassroots clubs have often adopted more inclusive policies aimed at promoting broad participation. Yet, the Supreme Court’s clarification might necessitate re-evaluation or stricter application of rules, especially concerning single-sex competitions and facilities.
One high-profile example which highlights the impact at grassroots level is the experience of Sutton United Women’s goalkeeper Blair Hamilton. Hamilton’s case, which gained significant media attention and saw the postponement of a game on safety grounds, illustrates the complexities grassroots organisations face, balancing community inclusivity with legal compliance and competition fairness.
At community and recreational levels, the challenge will be ensuring policies remain welcoming while simultaneously meeting new legal benchmarks. This judgment could lead grassroots organisations to adopt clearer, more explicit participation guidelines, potentially reducing ambiguity and limiting legal or reputational risks.
Nevertheless, clubs must remain cautious. Advocacy groups such as Football v Transphobia have expressed concern that the ruling might inadvertently erect barriers for transgender athletes, particularly at grassroots levels, potentially impacting participation and inclusivity.
The ruling’s overall impact demands football clubs and governing bodies reassess their current policies, ensuring they align with this clarified legal framework. It underscores the importance of evidence-based, proportionate approaches to eligibility – recognising legitimate interests of fairness and safety without neglecting the rights and dignity of transgender participants.
Football clubs, at both professional and grassroots levels, would be best advised to review and refine their existing frameworks in consultation with legal and regulatory experts. Ensuring transparent policies not only aligns with the Supreme Court’s guidance but also reinforces clubs’ commitments to fairness, inclusivity and sporting integrity.
About Brabners
Brabners is a purpose-led independent law firm with a national reach, that is proudly anchored in the North, and it seeks to play its part in demonstrating that business can bring about positive change, by being innovative, diverse and sustainable.
Its mission is to make the difference for its clients, people and the communities it serves. It provides legal services for multinational businesses and global brands to social enterprises and ambitious SMEs, as well as families, high net worth individuals, senior professionals, athletes and celebrities.
Brabners is also certified B Corp and is recognised as the Best Law Firm to Work For in the UK by Best Companies, and the sixth Best Large Company to Work For in the UK overall. In 2025, it was named Firm of the Year at the Legal 500 Northern Powerhouse Awards.
It also received recognition for being leaders in ED&I, winning the Equality, Diversity & Inclusion Award at the 2024 Liverpool Law Society Legal Awards, and securing the equivalent award at the Manchester Legal Awards in the same year.
The firm, which began in 1815, today has more than 550 colleagues across four offices in Liverpool, Leeds, Manchester and Lancashire.
