Letter to England Korfball

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To England Korfball,

I am writing to express my disappointment and concern regarding the new gender policy that prevents trans women from playing within their gender category. I believe this decision runs contrary to the spirit of inclusivity that Korfball proudly embodies, that drew me to the sport in the first place.

This policy decision will inevitably lead to the alienation of non-binary people and trans women like myself who wish to participate in Korfball. It sends a message that we are not welcome, that our identity is not actually recognised, and that our participation is less valuable than that of our cisgender counterparts.

This discriminatory policy fails to protect the rights and dignities of transgender and non-binary people. Through forcing transgender women and non-binary individuals who wish to participate in the sport to play in a category that does not align with their lived gender, you put them in an untenable position. They are forced to either disclose their transgender status, exposing themselves to a heightened risk of discrimination, harassment and hate [1], or withdraw from participating in matches altogether, effectively excluding them from the sport.

The first outcome directly contravenes the individual’s right to respect for private life, as guaranteed by the European Convention on Human Rights and incorporated into domestic law through the Human Rights Act 1998. The second outcome still constitutes discrimination in principle, as it subjects individuals with the protected characteristic of gender reassignment to less favourable treatment than others. Even though the Supreme Court’s recent interpretation of “sex” in the Equality Act 2010 has created uncertainty over the extent of those protections, the underlying principle of equality and non-discrimination remains binding through the Human Rights Act and the UK’s international obligations.

In addition to the above, the policy places all women at risk of discrimination through section 3(c) of the policy which states: “Verification: - Athletes in the “Female at Birth” category must provide proof of gender assignment at birth, such as a birth certificate, when requested.” This places all women at risk of discrimination based upon section 19 of the Equality Act 2010 through the perception that they may hold the protected characteristic of gender reassignment.

I urge the England Korfball Board to reconsider this rule. Instead of implementing exclusionary policies, I encourage you to engage with trans athletes and advocacy groups to develop a solution that genuinely supports the participation of all individuals, regardless of their gender identity. There are many ways to ensure fair play without resorting to policies that harm and exclude. Ways that seem to have been already understood within the previous 2019 policy. Korfball is a non-contact sport, with rules that help level the playing field in terms of height (defended rule). Calling this policy a win for women feels belittling to cis women across the board, and a stab in the back to trans women. Furthermore, the policy fails to explicitly mention trans men, it seems to suggest that they can choose to play in either category. This implementation seems incongruent, given that trans men who take testosterone would get the same hormonal benefits as cis men. This discrepancy suggests that the policy is more about exclusion than fairness.

I believe in Korfball’s potential to continue to be a truly inclusive sport, and I hope that England Korfball will uphold this ideal. My team and friends within the Korfball community have been some of the most accepting, welcoming, and supportive people throughout my transition. It would really pain me to quit this sport I adore because of exclusionary policies that don’t reflect the feelings of the wider community that I know and love!

Sincerely,
Jennifer Cresswell
Korfer since 2019


If you agree that Korfball should be inclusive for everyone please co-sign the letter here!


References

[1] - Stop Hate UK (2022) Transgender hate - Stop Hate UK. https://www.stophateuk.org/about-hate-crime/transgender-hate/#:~:text=Transgender%20people%20are%20more%20likely,Survey%2C%20Government%20Equalities%20Office.