use of sports and leisure facilities by trans peopletranssexual and transgender expertise use of...

Transsexual and Transgender Expertise

Use of Sports and LeisureFacilities by Trans People

email: [email protected]

www.pfc.org.uk

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“Respect and Equality for ALL Trans People”

Patrons: Lord Beaumont, Nicholas Blake QC, Rabbi Lionel Blue, Lord Alex Carlile QC, Edwina Currie,Ven. Dr. Mark Dalby, Prof. Louis Gooren, Rev. Dr. Leslie Griffiths, Jerry Hayes, Dr. Lynne Jones MP,Paul Jones, Lady Helena Kennedy QC, Lord Lester QC, Ken Livingstone Mayor of London, Rt. Rev'd

Hugh Montefiore, Jan Morris, Rabbi Julia Neuberger, Faye Presto, Claire Rayner, Mel Read MEP,Archbishop Desmond Tutu

Press for Change is affiliated to LIBERTYMarch 2005

Working for Respect and Equality for All Trans People

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Participation in sports andleisure activities bytranssexual peopleTrans people are alreadyparticipating in a wide variety ofsports and leisure activities,enjoying the benefits of a healthylifestyle and sharing the social andcompetitive aspects of suchactivities.

They also contribute to sport andleisure activities in a variety of waysas officials, coaches, trainers andadministrators in paid and voluntarycapacities. Their right to do so, andthe benefits the sport and leisuresector gains from this involvement,should not be denied. The UKGovernment believes that

“Everyone deserves to haveaccess to the very best sportsopportunities. Sport has animportant role to play in meetingnational health targets and inimproving quality of life for all.”

Press for Change believes it is justas much a duty of leisure serviceproviders to protect those transpeople, who wish to take part inactivities, from harassment andother unfounded discrimination,and provide opportunities for themto benefit from physical activity inthe same way they would protectother groups such as women, thoseof different ethnicity, and thosewith disabilities.

This leaflet is intended to help youunderstand trans people and toprovide practical ideas which canhelp you help trans people tocontinue to have a healthy lifestylewhich includes exercise and socialactivities.

Nong Tum, trans woman, ThaiKick Boxing Instructor


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Use of facilities bytranssexual peopleThe Legal Change of Gender

It is good practice to consider atrans person to have changedgender for purposes of access tofacilities at the time of officialchange of name.

The point at which a trans personhas changed gender for alllegal purposes will normally bearound two years after their dateof name change, when they haveapplied for and received agender recognitioncertificate.

A Gender Recognition Certificateis a legal document, issued by theGovernment, and means thattrans person is of their AcquiredGender for all purposes. Atthis point they must be regardedas of their acquired gender in allaspects of life.

There have been concerns raisedthat there may be men pretendingto be transsexual women to gainaccess to the female changingroom or sporting facilities. This isan issue to do with crimesperpetrated by men, not transwomen. Access to services by transpeople should not be limitedbecause of other people's (whetherservice users or staff)misunderstanding and stereotypes.

We should recognise that theremay be issues for service deliveryand the use of facilities prior to andduring gender reassignment wherethe individual may present anambiguous appearance. It isunlikely that trans people will usepublic facilities during this time forfear of harassment and ridicule. Ifthey do, most are likely to avoidusing facilities where people usuallyfully unclothe or shower togetherduring this period. They willusually change in the genderappropriate facilities where nudityis not a feature. Most, but not all,use the gender appropriate toiletfacilities during the genderreassignment process.

What can facility operators doto ensure they are notdiscriminating?

Sports and leisure facilities andtheir staff need to ensure they areinformed of the issues aroundtranssexualism.

If a trans person enquires aboutthe facilities you as a serviceprovider have to offer, then it islikely that the following will begreeted in a positive way:

Centres which provide mixedchanging and/or changingfacilities with cubicles (changingvillages) which offer greaterprivacy and ensure people feelsafer


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Courteous service from staff isalso important

Equal opportunities policies whichinclude measures to ensure thatdiscrimination against transpeople does not take place inservice delivery

Staff training to sensitise staff tothe issues involved and an equalopportunities policy

Managers Access Plans

If the trans person states thatthey are legally recognized intheir acquired gender (under theGender Recognition Act 2004),believe them and accept thatthey are entitled to use theappropriate gender facilities.

You may be asked if there areprivate changing facilities by peoplewhose genitalia do not match theirgender identity, just as you may beasked for other reasons. (e.g. aperson who uses a colostomy bag,or has excessive scarring).

If possible all provision of changingfacilities should include:

changing facilities with clearlylabelled cubicles which offergreater privacy and feel safe forall.

Some trans people will onlyneed privacy during a pre-operative phase.

Where a person is trans and thereare no cubicles affording privacy,club officials may wish to discusswith them where they might bemost comfortable changing.

Michelle, trans woman,mountain bike racer

If managers or staff are unsure ofhow to deal with a trans personwho has not approached themabout changing facilities, but whereother users have raised concerns,then it is essential that youapproach the matter sensitively.

Explain to the trans person thatconcerns have been raised.

Make it quite clear that you arenot insisting that the trans personuse separate facilities.


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Ensure you emphasize that yourprimary purpose is to facilitatethe continued safe enjoyment ofthe facilities by the trans person.

If there are still concerns fromother services users, then ask thetrans person if they would preferalternative changing areas. Forexample some facilities havefamily changing rooms or schoolrooms, or if neither of theseareas are available, suggest achanging area which may beused for people with disabilitiesas there may be more privacy inthese areas.

If the trans person would rathernot use alternative facilities, thenit would be reasonable to discusswhy it might be appropriate inthe short term to use non-communal changing facilities.

You should emphasize that youare not enquiring into theirprivate medical details, and donot require them, rather that youare attempting to maximizeeveryone's comfort in using thefacilities.

If the trans person refusesalternative facilities explain thatyou might have to seek advice asto their continued access to thefacilities.

There is a danger that in imposinga requirement to use alternativefacilities you would be 'outing' the

trans person to other users. Transpeople have the same rights toprivacy as others. This is one verygood reason why it is important tohave clearly labeled privatechanging facilities available to allusers who might prefer them.

If the trans person who has beenlegally recognized in their newgender would rather not changein alternative area, explain theproblems to them and ask theirpermission to explain to otherservice users that the transperson has been recognized intheir acquired gender for all legalpurposes. [However, the transperson has a right to privacy andmay prefer that you did not dothat]

If other service users still makeobjections, ask them to leave,just as you would exclude aservice user who insisted yourefuse access to another userbecause they were of a differentrace or religion.

Managers are urged to besympathetic and helpful and alwaysto approach any trans person usingthe facilities with a view to the factthat everyone should beencouraged to enjoy a healthylifestyle and exercise. Onceestablished in their new gendermany trans people will use facilitiesin the usual way.


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The Sport and Leisure Industry is apeople business and therefore youwant people to visit and re-visit.Sports and leisure facilities operatein a mixed culture, mixed race,mixed religious, mixed sexuallypreference society with a mixeddemographically distributedpopulation and do not discriminateagainst clients.

Dan, trans man, triathlete

It is recognised that many smallcommunity centres and amateursports clubs may not have facilitiesas described above. However theyare encouraged to consider how atrans person can continue to gainaccess to their facilities.

It may be that other club users findit uncomfortable but it is the legalduty of staff or club officials toensure that members are notsubjected to abuse whetherphysical or verbal. Just asproviders would not condone abuseon grounds of race or weight so it

should not be condoned on anyother grounds either.

Competition FactsThe UK Gender Recognition Act(S.19) states that when a personhas obtained a gender recognitioncertificate, sports bodies can onlyprohibit trans people fromcompetition if the sport is a genderaffected one and the prohibition ison grounds of fair competition orsafety of competitors.

Prohibition can only be consideredon an individual basis, and there isno provision for a 'blanket ban',from a whole sport, of transsexualpeople. Each case must beevaluated on its own facts.

UK law takes precedence even ininternational level events if theytake place within the UK.

From 2004, the InternationalOlympic Committee developed apolicy for transsexual athletes whowant to compete. The trans personwill have to prove that they haveundergone at least a minimum two-year regimen of hormones andgender reassignment surgery.


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The Law; Trans Peopleand Access to Leisure andSports facilitiesTrans people are protected in theworkplace and vocational trainingby the Sex Discrimination Act, fromthe point where they intend toundergo gender reassignment, butas of yet (2004) they have noprotection in the area of goods andservices provision. It is,unfortunately, still legal todiscriminate against someone inthese areas because they aretranssexual.

For example; a prospectiveemployer could not turn down aperson who was trans if they werethey best candidate for a job, norcould a current employer dismisssomeone because they wereintending to undergo, areundergoing or had undergonegender reassignment.

However, it would seem that anemployer could refuse a service toa trans customer. This is clearlyinadequate and this leaflet isintended to help service providersin the leisure and sports industryensure equal access to facilities bytrans people.

The Gender Recognition Actprovides recognition of a person'sacquired gender for all legalpurposes. This includes sport andleisure activities.

Though cases have not yet beenbrought to the courts ondiscrimination in the provision ofhousing, goods and services totrans people, there have beenseveral cases settled out of court.

These have all resulted in anapology being provided to the transperson and compensation. There isa general view that the courtswould take a very sympathetic viewto trans people who faced prejudiceand discrimination and they wouldbe inclined to re-interpret the SexDiscrimination Act to includeprotection throughout the sectionsof the Act.

The Appeal Court has recognisedtranssexualism as an illness underthe NHS definitions. It is highlylikely that if a trans person wasrefused access to facilities andsought protection under theDisability Discrimination Act, thatthey would be successful.


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Transsexual peopleTranssexual (trans) people havethe deep conviction that theirgender identity does not matchtheir appearance or anatomy. Thatconviction will lead them to presentto the world in the opposite genderto which they were registered atbirth. Often, trans people will thenundergo hormonal or surgicaltreatment to bring their physicalidentity into line with their genderidentity.

Jamie, trans man,Tai Kwan do

Transsexualism is not the same ascross-dressing for psychologicalcomfort, sexual purposes orcompulsion. Nor is it a sexualorientation towards people of thesame sex. Rather, trans people take

decisive steps to live permanentlyin their acquired gender. Manytrans people will wish to keep theircondition private, and this must berespected. Others may be willing todiscuss their transsexualismconfidentially or in the open. This isa matter for them. In any event,after commencing living in theirnew gender role, trans peopleshould be treated as members ofthe gender they considerthemselves to be.

The medical gender reassignmentprocess is extremely complex andlengthy involving a multi-disciplinary medical team.

Gender reassignment involvesmany stages:

Initial assessment

Hormone therapy

The Real Life Experience

Surgical procedures asappropriate

The Real Life Experience (RLE)is a period of at least 12 months inwhich a person presents in theirnew gender for all purposes. Duringthis time they will receive oestrogenor testosterone therapy, dependingupon whether they are a transwoman (male to female) or a transman (female to male).

The RLE is a required precursor toany referral for irreversibletreatment. During the RLE theymust work or be a full time student,


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change all their documentationapart from their birth certificate andtake part in ordinary social life. Atrans person will not be able tohave any gender reassignmentsurgical procedures until they havesatisfied at least two psychiatriststhat they have adjusted well duringthis time.

Trans people have a knownmedical condition

Trans people may wish to keeptheir transsexual status private.

Transsexualism is not a mentalillness

A trans person feels that they arethe gender that they presentthemselves as whether or notthey have undergone surgicalreassignment

Once established into their newsocial gender many people willuse leisure facilities as normal.

Many trans people will be clearlyvisible as trans, particularly duringthe RLE, and some will be for theremainder of their life. However,just as with other people who havemedical issues and conditions, orappear different, it is essential thattrans people are given respect andafforded dignity so as to enabletheir equal participation in society.

Claire, trans woman, racingcyclist

Once a person starts genderreassignment, he or she lives therest of their life as a member oftheir acquired gender. It is notsomething someone decidesovernight or something someonewould do in order to play women’s or men’s sport.


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Press for ChangePress for Change (PFC) is thelargest representative organizationfor trans people in the UK. PFC wasformed in 1992 to “achieve equal civil rights and liberties for all transpeople in the United Kingdom,through legislation and socialchange”.

Today PFC has a membership ofapproximately 2,000 trans peopleof which around 650 are activelyinvolved, and reaches another 800through a number of self-helpnetworks.

Over the last 12 years PFC hasbeen enormously successful inenabling the trans community towork towards social and legalchange, with the aim of ensuringthat trans people can participatefully in society as equal citizens.This has involved media and newswork, provision of education andinformation, and seeking changesin the law through the British andEuropean courts. Changes broughtabout through case law have led tothe Gender Recognition Act 2004.

The PFC website is one of thebiggest political and educationalwebsites in the world, receiving anaverage of 600,000 hits eachmonth and our work and methodshave been copied worldwideleading to change as far afield asSouth Africa and Japan.

Press for Change has worked withthe Department of ConstitutionalAffairs in advising UK Sport on thelegal rights trans people have toaccess sporting facilities and to takepart in sporting activities.


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Useful Contacts

The Institute of Sport andRecreation Management (ISRM)Promotes the provision of facilities forRecreation, sport or other leisure timeoccupations in the interest of healthand social welfare.Sir John Beckwith Centre for SportLoughborough UniversityLoughboroughLeicsLE11 3TUTel: 01509 226474Email: [email protected]

The FTM NetworkA support organisation for people bornfemale bodied who are transsexual ortransgender and live permanently asmenBM NetworkLondon, WC1N 3XXHelpline: 0161 432 1915Email: [email protected]

The Women’s Sport Foundation An organisation dedicated to improvingand promoting opportunities for womenand girls in sport and physical activitywww.wsf.org.uk3rd Floor, Victoria House, BloomsburySquare, London, WC1B 4SEPhone 020 7273 1740E-mail: [email protected]

CCPRAn umbrella body covering governingbodies of sport and recreationwww.ccpr.org.ukFrancis House, Francis Street, London,SW1P 1DEPhone 020 7854 8500Email: [email protected]

UK SportUK Sport is the agency charged by theGovernment with responsibility forcreating a strategy for developing high-performance sport in the UK40 Bernard Street, London, WC1N 1ST

Phone 020 7211 5100Email: [email protected]

The Department for Culture, Mediaand Sport (DCMS)DCMS is responsible for Governmentpolicy on sport2-4 Cockspur Street, London, SW1Y5DHPhone 020 7211 6200Email: [email protected]

For Further Detailsemail: [email protected]

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