Transgender rights group launch legal action against English cricket after 'unlawful' ban - and why cricket is being targeted rather other sports

The England and Wales Cricket Board is facing legal action over its decision to ban those born male from competing in the women's game, according to a report.

The Good Law Project, a transgender rights group led by activist lawyer Jolyon Maugham, has written to the governing body of English cricket to demand that the decision, which was made just two weeks after April's Supreme Court ruling, be reversed.

The court ruled that only those born female should be deemed women under the 2010 Equality Act, leading several governing bodies in sports such as football and cricket to impose bans on transgender athletes from competing.

While the Football Association and Rugby Football Union have also implemented the ban, the Good Law Project is targeting cricket in particular because it is a non-contact sport, according to the Telegraph.

As a result, the activist group is taking legal action against the ECB in an effort to allow transgender athletes to compete in women's cricket tournaments.

Former Olympic swimmer Sharron Davies, who has publicly campaigned for the protection of women's sport, told the newspaper on Thursday: 'I'm horrified (by the Good Law Project's decision to take legal action).

'Yet again, this is all about shoehorning males into sport for females. The law has made it clear, and science has proved, we cannot remove all male physical advantage.'

Although cricket is a non-contact sport, it still requires a significant physical element — from bowling speed to batting power.

Announcing its decision to take legal action against the ECB, the Good Law Project said: 'Earlier this year, the England and Wales Cricket Board decided to reverse years of trans inclusion in the amateur game, imposing a blanket ban on trans women being able to play women’s cricket. 

'This ban has been insisted upon even where clubs and leagues want to continue to be inclusive. We believe this is unlawful, and we’re taking legal action to fight back. 

'This ban wasn’t about the top athletes, or sensitive decisions considering fairness and safety. Rather, their position seems to be that, following the For Women Scotland decision, it cannot be discriminatory to exclude trans women from women’s sport – and they are under no obligation to justify it. We think they are wrong.

'Blanket bans excluding trans people from playing grass-roots sports can have a serious detrimental impact on those people’s lives. For many trans people, participation in amateur sports isn’t just a way to get exercise – it’s where they find community and make friends.

'And those being banned don’t just risk isolation – they risk being outed when asked to explain why suddenly they can no longer play. We don’t think trans people should be put in this position just because they want to play sports with their friends.

'We have instructed a top legal team and informed the ECB that we think they are acting unlawfully. We plan to challenge their policy of exclusion, and have commenced pre-action correspondence outlining the unlawfulness of their position.

'Over the weekend, we heard that sports teams at universities are now being told they must implement such bans, even when they want to remain inclusive. Now is the moment to make clear that we think that blanket, unjustified trans sports bans are unlawful, and we plan to fight them.'

In response, an ECB spokesperson said: 'Our regulations around eligibility for transgender players in women’s and girls’ cricket are based on the updated legal position following the Supreme Court ruling earlier this year, and the legal position hasn’t changed since then. 

'We are aware the Good Law Project intends to challenge this, and will respond to any challenge accordingly.'