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Five-a-side row shows why FA policy for transgender players is no longer fit for purpose

A recent row over whether trans and non-binary players were welcome in an "LGBT inclusive" five-a-side league has thrown the spotlight on the Football Association's policies when it comes to transgender footballers – and how they are, in 2022, simply not fit for purpose.

The FA has an existing trans inclusion policy that is only applicable to participation in domestic football and competitions that are governed by the organisation, and so is the rule for professional and semi-pro leagues in England.

It operates on a case-by-case basis and asks trans applicants to meet hormone-based requirements and provide additional evidence of their transition.

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"If these requirements are met," the document says, "the FA will only refuse an application if it decides in its absolute discretion that it is necessary... to ensure the applicant's and fellow players' safety and/or fair competition."

The problem with this trans inclusion policy is that the world has moved on since it was put in place in 2015, after a review that began three years previously.

For example, there is no mention of 'non-binary' identities, with references only to male or female players.

In 2016, the FA did produce 'A Guide to Including Trans People In Football' in conjunction with the charity Gendered Intelligence.

This document says trans players who "fall outside of the description [of man or woman] will be considered case-by-case, taking safety and fair play into account".

However, this is, as the name suggests, only a guide – it is not official policy written into law.

Rainbow laces boots GFXGetty/GOAL

In the guide, the FA describes a non-binary person as "someone who does not subscribe to the customary binary approach to gender, and who may regard themselves as neither male nor female, or both male and female, or take another approach to gender entirely."

The 2015 policy is now being reviewed, although Edleen John, the governing body's equality, inclusion and diversity director, exclusively told GOAL last year that the timeframe and process for this had "not been mapped out yet".

She said: "We'll be working with our colleagues in governance, in the medical team and our research team, and we will have partnerships with organisations like Gendered Intelligence, so it will be broad in how we gather our information and form our policy.

"It is fair to say when applying our policy from 2015, it has been a successful application of case-by-case basis, which helps the FA remain fully sensitive to the needs of transgender participants, and that will be critical to bear in mind.

"In our review we will look at our policy and decide, is that the right approach? Does that still work, is it still relevant?"

The 2015 policy was implemented by the FA without direct input from organisations which work with LGBT+ people – an issue which thankfully they seem to have avoided this time around.

Gendered Intelligence, a charity working to improve the lives of trans and non-binary people in the UK, told PinkNews earlier this month: “We were not involved in setting the FA’s 2015 trans policy. This policy had already been developed when we were invited to provide supporting guidance.

“Although we could not influence the terms of the original policy, we have continued to work with the FA in the interests of trans inclusion in sport and physical activity.

"The FA has been in initial contact regarding a refresh of their existing policy, and we are keen to support them and any other national governing bodies on their journey towards inclusivity and equity in sport."

While there is still no timeframe for the FA's trans player policies to be updated, and they are running out of weeks to get it published this season, there does seem to be a desire to provide clarity and updated guidance at professional and semi-pro levels.

However, what about where the overwhelming majority of trans and non-binary footballers play the game – at amateur level?

English amateur football's attitudes towards gender non-conforming players was thrust into focus this LGBT+ History Month when an award-winning five-a-side league, which promoted itself as an LGBTQ+-inclusive competition, was suspended and the owners forced to apologise after several clubs withdrew over "archaic transphobic rules".

According to a statement from Camden Bells, one of the teams involved in the Super5League in London, a league official told the team that the player – who is trans non-binary – should not be allowed to play in a "women's league".

Speaking exclusively to GOAL, Camden Bells founder Hannah Thornley said: "The rules they have involve invasive tests in order for trans people to play, and if any of our team are not made to feel welcome, we are not going to play.

"I am tired of the way organisations use LGBT labels to entice people and gain from sponsors, but then don't wholly protect us."

Camden Bells have now sent an open letter, signed by several amateur clubs, to FA chief executive Mark Bullingham, asking for regulations to be changed immediately to stop "invasive" medical testing and "transphobic" practices.

The Super5League said it adhered to the FA's rules on transgender players – which would mean that any trans person who wanted to take part in a five-a-side kick-about with their mates would have to submit to blood tests, medical checks and invasive background questioning before stepping onto the pitch.

For some in the grassroots game, this is not good enough.

In 2021, Manchester Laces, a club for women and non-binary people, began a campaign arguing that amateur players who are trans should not have to submit the regular hormone readings required of pro and semi-pro players in order to access the game they love.

Laces founder Helen Hardy told Sky Sports: "We just wanted to open our doors and welcome in everyone.

"We're not expecting to look at your driving licence, birth certificate, or passport. It just comes down to the fact that we're amateur footballers, wanting to play and be part of a community.

"The FA policy is really outdated. It doesn't take into account that as women, we have the right to make decisions for ourselves and we don't need to be pandered to and wrapped in cotton wool."

This is echoed by non-binary players.

Lui Asquith, who plays in the Super 5 League, told PinkNews: “The rules surrounding grassroots football are draconian and over the top.

“No one should be prevented from playing the game they love because they’re trans, including non-binary.

"The current FA policy insists on gender policing and bodily invasion, which is cruel and should not be entertained.

“Football is for everyone and a biological essentialist attitude to inclusion hurts everyone, not just trans people.

"Every player is impacted and we must not allow for the game we love to be interfered with.

"I can only play if all my team-mates can play without fear of being singled out. We are a team and football is a community for everyone. Anything else isn’t good enough.”

For amateur football in the UK, there is no obligation to adhere to the FA's trans policy, with most players at this level simply looking for an inclusive space for a fun game with their mates.

The Amateur Football Alliance (AFA) has floated another solution: mixed football.

The AFA released a statement about the Super5League incident which said it "was disappointed and concerned to be informed of an alleged transphobic incident involving one of our clubs and leagues last week."

It also said: "The Amateur FA has a few leagues participating in The FA’s mixed football pilot, seeking to prove the hypothesis that mixed football within adult recreational environments does not pose a disproportionate injury risk.

"The FA’s Football Development Committee are keen to reach a conclusion to the study this season.

"The Amateur FA are hopeful that a rule change will be in place for the start of the 2022-23 season, permitting mixed adult recreational affiliated football."

Mixed football leagues do exist in the UK, such as the Gay Football Supporters' Network (GFSN) League, which has provided many LGBT players with a home in football they have been unable to find elsewhere, with club such as Mersey Marauders taking part.

However, this is far from an ideal solution. Mixed football leagues in the UK are very rare – the GFSN, for example, has only 13 teams spread all over the country in its two league divisions for 2021-22.

Without huge expansion and investment, this would look to be a non-starter.

Another suggestion, that there should be dedicated leagues for trans and non-binary players, is unworkable as they represent a tiny minority of the British population – and an even smaller number of the UK football-playing populace.

The FA have attempted to ignore trans and non-binary players for a long time, allowing them instead to be pawns in a culture war, or straw men for online trolls.

It is time they were treated with respect.

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