The RFU says any claim would be “unfounded”.
The Rugby Football Union (RFU) is facing legal action over its ban on transgender women playing women’s contact rugby in England.
Transgender player Julie Curtiss has taken legal action against the decision. The Daily Telegraph reported.
The RFU says it will “robustly defend” the case.
The Telegraph said Curtiss issued the RFU with a Pre-Action Protocol Letter, a legal document written to settle a dispute before the court case began.
She says the policy discriminates against her under section seven of the Equality Act 2010.
Legislation legally protects people from discrimination in the workplace and in society at large, but there are exceptions when it comes to sport.
Section 195 states that it is lawful to restrict the participation of transgender people in athletic competitions where physical strength, stamina, or physique are important factors in deciding who wins.
However, the restriction can only be done to ensure that the competition is fair or that other competitors are safe.
In essence, it would not be unlawful discrimination to refuse to allow a transgender athlete to compete if the competition organizers could show they had an unfair competitive advantage.
Curtiss, 52, was hoping to play for Hove RFC’s women’s team in the 2023/23 season.
A six-page letter sent to the RFU via London-based law firm Russell Cooke said: “It is difficult to see how a blanket ban with no exceptions could be justified.
“Allowing a particular trans woman to play in the women’s contact rugby category must not raise issues of fair competition or the safety of competitors, and if so, her exclusion cannot be justified.”
The RFU has until September 30 to respond.
“We have received a preliminary letter of complaint and will respond through our appointed attorneys,” said an RFU spokesman.
“We believe any potential lawsuit will be unfounded and we will vigorously defend the case.”
Rugby Football League announced a similar ban in July, while other sports have evaluated their approach.
Fina, swimming world federation, have voted to bar transgender athletes from competing in elite women’s races if they have gone through any part of the male puberty process.
The aim is to establish an “open” category for swimmers whose gender identity differs from their birth sex at competitions.
cycling association, the UCI, tightened its transgender eligibility rules by doubling the length of time before a rider who transitions from a male to a female can compete.
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