Are Sports And Private Clubs Really Welcoming And Open?

Are Sports And Private Clubs Really Welcoming And Open? – Yasin Patel and Caitlin Haberlin-Chambers

Clubs like the MCC, Muirfield, Garrick and more have opened their membership to women. But have they really? Are they for all? Are they truly Equal?

On 7 May 2024, the Garrick Club (“Garrick”) voted to accept female members for the first time, dropping the men-only rule which has been in place for 193 years. The Garrick Club is one of many traditional male-only clubs which have changed to allow the admission of women. As clubs adapt to these changing norms, they position themselves more effectively to thrive in an evolving landscape characterized by diversity and inclusivity.

However, the implementation of such policies faces challenges, particularly in navigating lengthy waiting queues at established private clubs. The transition from the decision to admit women to their actual membership can be lengthy and complex. In this context, this article aims to explore the legal aspects of implementing fast-track policies and the potential legal ramifications for clubs if certain conditions are not met.

Yasin Patel and Caitlin Haberlin-Chambers delve into the decline of male-only clubs, the impact on membership processes, and the legal complexities surrounding the implementation of fast-track policies to enhance female participation

The Law – The Equality Act 2010

The Equality Act 2010, (“The Act”) is a significant piece of legislation in the United Kingdom: aiming to promote equality and eliminate discrimination in various aspects of society. It plays a crucial role in fostering a more inclusive and fair society. The Act applies to private clubs as they are associations which provide services to the public. The Club meets the definition of an association in section X of the act in that it has more than 25 members which control access to membership by rules, and use a genuine selection process or personal criteria. The Marylebone Cricket Club (“MCC”) is another example of such a club.

Sex is a protected characteristic under section 4 of the Act. Section 11 clarifies the protected characteristic and section 13 of the Act defines direct discrimination. Other significant aspects of the Act include Section 101 (what associations must not do to members), and Schedule 16 which looks at various questions of associations that restrict membership to those with protected characteristics amongst other points.

The Death of Male-Only Clubs

Historically, society was predominantly male-dominated, with institutions like the Garrick exemplifying this tradition. However, over the past century, there has been a decline in male-only clubs.

Although these changes have not permeated every aspect of society, the UK has witnessed notable progress in encouraging greater female participation. From the introduction of "women-only" sections in gyms to the recent admission of females into longstanding male-only clubs, these initiatives reflect a growing recognition of the importance of diversity and inclusivity in contemporary society.

Legal and societal pressure has played an influential role in this cultural shift. Legislation promoting equality and anti-discrimination, has placed pressure on institutions to adopt more inclusive practices. Societal norms and expectations have also evolved, with greater emphasis placed on diversity and equal opportunity. There is a growing recognition of the importance of diverse perspectives and experiences in all aspects of life, including social clubs. Male-only clubs may face criticism and public scrutiny for their exclusionary policies, which can damage their reputation and attractiveness to potential members. In response, some clubs may choose to revise their policies to align with modern values and expectations.

For some male-only clubs (often those smaller in size) attracting and retaining membership has proved to be a cause for its decline. As societal demographics change, younger generations place less importance on gender-exclusive social spaces.

Economic pressures and the need to remain relevant in a competitive market can also drive clubs to reconsider their membership policies. As attitudes towards gender exclusivity evolve, male-only clubs may experience a decline in membership, making it financially unsustainable to maintain such policies. Opening membership to women and other underrepresented groups can help attract new members and ensure the club's longevity.

The decline of male-only clubs reflects broader societal trends towards inclusivity, diversity, and equality. Clubs that adapt to these changes are better positioned to thrive in an increasingly diverse and inclusive world.

The Garrick Club

• A central focus of this article is the Garrick Club. Garrick, “founded in 1831, is a private members’ Club situated in the heart of London’s West End and Theatreland.” It is one of the oldest members’ clubs in the world consisting of senior legal professionals, members of the House of Lords, heads of public institutions, actors, members of the arts and businessmen. It was (until recently) an ‘exclusive’ club for the “white” man.

Marylebone Cricket Club

• In the annals of sports history, a pivotal case emerges in the form of the MCC. For its initial 211 years, the MCC maintained an exclusive policy, admitting only men into its esteemed ranks. However, in 1998, a momentous decision shattered this long-established tradition, as women were granted membership to the MCC, custodian of the iconic Lord's Cricket Ground. This watershed moment underscored a profound departure from the club's historical male-only ethos.
• The discourse surrounding the admission of women as MCC members dates back to 1967, when committee deliberations first broached the topic. However, it was not until 1998 when then the “mood had changed” and the winds of change began to gust with palpable force. The confluence of factors, including the amalgamation of the Women’s Cricket Association into the England and Wales Cricket Board, accentuating the imperative of inclusivity, and the MCC's disheartening rebuff in securing funding, attributed to its exclusionary membership policy, served as catalysts for transformation. Following the change in the rules, ten women were accorded the esteemed status of Honorary Life Membership, symbolizing a momentous stride towards equality within the MCC's hallowed corridors.
• On the surface the removal of the men’s-only rule can be interpreted as ‘revolutionary’. The first cohort of women elected in 1998 were all Honorary Life Members as a result of their “outstanding service to the game”. In 2017, 37 Honorary Life Members were elected at once. In 2019, 69 women were Honorary Life Members of the Club. On 29 April 2019, the MCC announced that 134 women were elected as full members of the club, the “biggest number of female Members of the Club…since the vote was passed to admit women to members of MCC in 1998.” As of April 2019, the MCC had a total of 645 women Members, including 217 Full Members and 69 who had been made Honorary life Members of the Club as a result of their outstanding service to the game. There were 1,004 women on the waiting list for Full Membership. In October 2024 of the 18,722 full members, only 509 were women. In over five years, just over 300 women had gained full membership, but many question how long will it take for there to be parity in membership. The waiting list for membership of the MCC stands at 29 years and a great majority of the personnel on the list are male.

Golf Clubs

• As a pastime, golf has often been accused of “being too white, male, elderly, expensive, time-consuming, and generally out of step in an increasingly inclusive world.”
• According to an annual report produced by accountancy firm Hillier Hopkins, nearly two-thirds of members are over the age of 50, with a third over 61. It also found three-quarters of members were male. The study, which covered 99 clubs around the country, also revealed 80% were planning to increase their prices from 2022 onwards. Despite these challenges, more than half of the clubs surveyed said they had a waiting list for membership, and 87% said they would be willing to change rules to encourage more young people to join.
• In response to these demographic challenges and societal expectations for greater diversity and inclusivity, some UK golf clubs have embarked on initiatives to attract more women and diversify their membership base. This mirrors broader efforts across various sports, including football and basketball, to increase female participation and representation. Such efforts reflect a growing recognition of the importance of inclusivity and representation in sports and society as a whole.

Admission of Women: Practical Reality

The transition from a longstanding men-only policy to one that embraces gender inclusivity in private member clubs is inherently gradual. The progression of female membership into these private clubs such as the MCC is relatively slow.

A “Private Club With A Public Function” – The MCC

• Sir Pelham Warner's dubbed the MCC as a “private club with a public function”. Despite the revolutionary nature of the MCC's decision to end its male-only policy, the practical impact has been relatively minor, particularly considering the extensive waiting list, spanning approximately 29 years. 2018 signalled the “first occasion when women who joined the waiting list back in 1998 graduated to Full Membership of the Club.”
• The enduring waiting list underscores persistent challenges in achieving greater inclusivity and accessibility within prestigious institutions like the MCC. Despite its large membership base, which includes 18,350 Full and 6,000 Associate Members, the representation of women remains disproportionately low. According to MCC reports, as of 2019, only 214 of its Full Members were women. In October 2024, of the 18,722 Full and 5,984 Associate Members, 509 of the Full Members were women: or 2.7% of its full membership. This disparity highlights the ongoing need for proactive measures to address gender imbalance and promote diversity within such exclusive clubs.
• However, some MCC policies render the waiting list null and void. In 2018, Theresa May’s application was understood to have only taken a few months with the nomination of former Prime Minister John Major and seconded by another, David Cameron. According to the MCC Committee, “The Prime Minister's nomination for membership was considered in accordance with MCC's Rules, which allow for a limited number of Candidates for membership to be elected out of turn”.
• In 2020, the MCC’s full members voted 5,144 to 1,330 at its annual meeting, to secure a lifelong membership of the cricket club paying anywhere between £55,000 and £75,000. The scheme sought to tackle the £30 million loss in revenue caused by Covid-19. Members of the MCC voted in favour of allowing ‘express membership’ to cricket enthusiasts who are able to afford it. According to The Mail on Sunday, Priti Patel has reportedly paid £45,000 for a life membership of the MCC, effectively jumping the queue. This indeed led to calls of “elitism and concerns that offering memberships for hugely expensive one-off payments would alienate a large section of the waiting list.”
• The admission of May and Patel to the MCC, while lawful according to the club's membership policies, and fair in that women were now being admitted to what was until recently a “male-only” institution, also highlights the exclusivity of the MCC. The disparity is evident for women without the connections or financial means enjoyed by high-profile figures, who continue to languish on the waiting list, facing barriers to membership. This disparity underscores broader issues of privilege and access within elite social circles, prompting reflection on the true meaning of inclusivity and fairness, within organizations that have recently opened their doors to women.

Muirfield Golf Club

• In recent years, a notable shift has occurred in several Scottish clubs' membership policies. Institutions such as the Royal and Ancient Golf Club of St Andrews, Royal Troon, Royal Aberdeen, and Panmure Golf Club have extended membership opportunities to women. Joining this list is Muirfield Golf Club, marking a significant departure from its previous male-only membership tradition.
• In 2017, the Honourable Company of Edinburg Golfers (“HCEG”), which runs Scotland’s Muirfield golf course, announced that 80% of members voted to allow women to become members, after a 93% turnout. The vote surpassed the requirement that two-thirds of members supported the change and paved the way for Muirfield to get back into the Open championship fold.
• On 14 March 2017, Nicola Sturgeon, then Scottish first minister, tweeted “Well done, Muirfield – decision to admit women members emphatic & the right one. Look forward to seeing you host the Open again in future.” Tracey Crouch, the then UK sport minister, echoed Sturgeon’s support stating that the decision had been a long time coming. “Golf has the potential to attract a more diverse audience to the game and this decision sends out an important message,” she said. “It is vital that clubs and sports organisations play their part in promoting equality.”
• As exemplified by the MCC, the journey from policy reform to tangible implementation proved to be a protracted one. Following the reception of applications, the club subjected them to its traditional, time-intensive assessment procedures. Eventually, 12 women were invited to take up membership at the 275-year-old club from 1 July 2019.
• Critics not only scrutinized the duration of this process but also the extensive membership procedures themselves. However, according to sources cited by The Telegraph, the club suggested that, since the vote's passage, the admission of the 12 women had been expedited compared to the norm. They pointed out that it can be a “painstakingly long process to gain admission, with prospective members having to be nominated and seconded before going into "the pool" or waiting list, with an average waiting time of six to seven years. During this time, they are expected to 'make themselves known' to existing members by playing as guest and attending club functions.”

The MCC and Muirfield serve as poignant examples of the challenges in enhancing female representation within historically male-only private clubs. The extensive waiting lists at both clubs significantly prolonged the transition of female representation from policy change to practical reality. If reports of Muirfield implementing a fast-track scheme for twelve members are accurate, it underscores how female representation can be expedited compared to the MCC's timeline.

Fast-tracking Women

The intricate nature of this transformation, compounded by lengthy queues and waiting lists, underscores the considerable time required for meaningful progress to unfold. Such a transition demands careful navigation, balancing the imperative of inclusivity with the practical constraints inherent in managing membership dynamics. Patience, persistence, and strategic foresight are indispensable in effecting lasting change while ensuring the integrity and sustainability of these esteemed institutions.

Given these challenges, it seems likely that achieving similar results at the Garrick may entail a lengthy wait unless a ‘jump the queue’ scheme for female members is implemented. Such measures may be necessary to accelerate progress towards greater gender diversity and inclusivity within these exclusive institutions.

The Law: Positive Discrimination

Some clubs are seeking to address historical inequalities or enhance the proportional representation of individuals with protected characteristics. The Act provides a framework for such endeavours through the concept of ‘Positive Action’. This mechanism, to some extent, empowers organizations to actively promote diversity and inclusivity by taking proactive measures to address imbalances and foster a more equitable representation of individuals from underrepresented groups.

Section 158 of the Act 2010 provides (as relevant):

158 Positive Action: General

1. This section applies if a person (P) reasonably thinks that—
   • persons who share a protected characteristic suffer a disadvantage connected to the characteristic,
   • persons who share a protected characteristic have needs that are different from the needs of persons who do not share it, or
   • participation in an activity by persons who share a protected characteristic is disproportionately low.
2. This Act does not prohibit P from taking any action which is a proportionate means of achieving the aim of—
   • enabling or encouraging persons who share the protected characteristic to overcome or minimise that disadvantage,
   • meeting those needs, or
   • enabling or encouraging persons who share the protected characteristic to participate in that activity.

For the positive action to be justifiable, the club must determine that participation among individuals sharing a specific protected characteristic is unreasonably low in the club's activities or membership. With long standing men-only clubs the participation of women as members is unreasonably low.

Satisfying this condition, clubs may implement measures that would typically constitute discrimination, provided that such actions are a proportionate means of facilitating or promoting participation among individuals with the protected characteristic. The degree to which positive action is deemed proportionate, even if it entails treating individuals without the relevant characteristic less favourably, hinges on several factors. These include the severity of the pertinent disadvantage, the degree of need or under-representation, and the availability of alternative methods to address these disparities.

The Legal and Moral Hurdles

Clubs wishing to take positive action will need to ensure they comply with the requirements of the Act to avoid unlawful dissemination. To establish whether there is any basis to implement a positive action programme, clubs and boards should collate evidence, for example through their monitoring data, and analyse that evidence to decide on the most appropriate course of action to take.

This would involve documenting several sets of facts:

• The evidence of the disadvantage
• The specific outcome the club is trying to achieve
• The possible action to achieve those outcomes
• Assessment of the proportionality of proposed actions
• The steps the club decides to take to achieve these aims
• The measurable indicators of progress towards those aims
• How they will consult with relevant groups
• The time period for the programme
• The period after which the club will review the progress of the measures to ensure it remains proportionate

If the changes cannot be implemented quickly enough or they will take too long to come into effect, a positive action programme may be one of the few alternatives realistically available.

Positive Action v Positive Discrimination

Positive discrimination is unlawful in the UK and is defined as a form of discrimination that favours someone by treating them differently in a positive way. Clubs should not treat an applicant more favourable because of a protected characteristic, as this would amount to positive discrimination.

When trying to achieve positive action, it is possible for there to be unintended consequences because improving the situation of one group may be at the cost of another group. In Furlong v Cheshire Police, Cheshire Police believed they were using positive action to recruit more police officers from underrepresented groups in line with the Equality Act 2010. However, Mr Furlong, a white heterosexual male, successfully claimed that he had been directly discriminated against on the grounds of sexual orientation, race and gender.

Allowing women to jump the queue, based on no merit pursuant to the case of Furlong, may amount to positive discrimination if it were to be done in a way that would not directly discriminate against men. If a rule was to be implemented in order to correct an obviously flawed system where men would continue to be outnumbering women in getting memberships to a club simply because they were allowed to apply earlier then women, then the actual waiting list or structure could be considered more carefully. This is because it was obviously a flawed and prejudicial way of deciding who could become a member and who could not, just a few years ago.

Moral

Implementing a "jump the queue" policy for women at traditionally male-only clubs like the Garrick highlights complex ethical dilemmas.

The core tension lies between two competing principles of fairness: one that respects the wait of those already in line (typically men) and another that seeks to redress the historical exclusion of women. Fast-tracking women into such clubs addresses past injustices by giving previously excluded groups a chance for inclusion. However, it also raises questions of fairness for male members who have been waiting their turn.

This tension is a moral dilemma in itself, as it pits the value of rectifying historical discrimination against the value of equal treatment of those currently in line.

The fast-tracking of women like Judi Dench and Siân Phillips indicates that, even within this attempt to promote inclusion, there is a selective approach that might favour individuals of high social status or public distinction. This leads to another ethical issue—if only certain women are granted this privilege, then the “jump the queue” policy may inadvertently reinforce a different kind of exclusivity, based on status or fame rather than gender alone. This questions the extent to which the policy truly serves equality versus merely reshaping exclusivity along different lines.

The situation raises broader concerns about what genuine gender equity looks like in traditionally male-dominated spaces. The selective inclusion of women may only partially address the problem of gender exclusivity, as it doesn't necessarily translate into structural changes in club culture or membership practices. For true gender equity, clubs might need to reconsider their entire membership framework rather than implementing exceptions for a few individuals.

There is also an implicit question about the club’s identity and tradition. The Garrick’s long-standing male-only policy reflects a certain tradition and exclusivity that some members may wish to preserve. Fast-tracking a select few women could challenge the club’s identity without fully modernizing it, potentially leading to internal resistance from long-time members and a half-hearted approach to reform.

This highlights the moral ambiguity of "jump the queue" schemes, showing how efforts to redress historical discrimination can collide with principles of fairness and reveal deeper social biases. The ethical questions raised are not just about queue management but about what true inclusivity should look like in elite, historically male spaces. In order to ensure a meaningful change, a balance is needed between respecting individual wait times, addressing historical exclusion, and ensuring that inclusion policies do not inadvertently create new forms of exclusivity.

Overcoming the Barrier: Is a Positive Action Possible?

Whilst there are legal and moral hurdles when clubs, employers or organisations attempt to implement a positive action, it is still possible to overcome this barrier.

In the case of R (Z) v Hackney LBC and Agudas Israel Housing Association [2020] UKSC 40, the Supreme Court ruled, for the first time, on the positive action provisions of the Equality Act 2010. It found that the positive action in giving priority to the housing needs of Haredi Orthodox Jews was lawful under section 158.

Furthermore, in the political context, all-women shortlists (“AWS”) are an affirmative action practice aimed at increasing the proportion of female Members of Parliament (“MPs”) in the UK. This approach allows only women to stand as candidates in certain constituencies for a political party. Currently, only the Liberal Democrats continue to use this practice.

In March 2022, the Labour Party discontinued its use of AWS for general election purposes following legal advice warning that continuing to use this policy for Westminster seats would be “unlawful” because the majority of their MPs are female. Continued use would put Labour in breach of the 2010 Equality Act. However, Labour still remains committed to “continuing to use positive action, including AWS, in all situations where it is able to do so.”

The Rooney Rule

• One such example of a positive action is the Rooney Rule - a policy in American football named after Dan Rooney, the former owner of the Pittsburgh Steelers and chairman of the NFL's diversity committee. The policy requires NFL teams to interview at least one minority candidate for head coaching and senior football operation jobs.
• The rule was established in 2003 with the aim of increasing diversity and opportunities for minority candidates in coaching and executive positions within the NFL and has since expanded to include other leagues and industries as a model for promoting diversity and combating discrimination in hiring practices.
• The Rooney Rule is legal because it does not mandate the hiring of minority candidates. Rather, it requires teams to interview at least one minority candidate for head coaching and senior football operation positions.
• This rule does not infringe upon an employer's right to make hiring decisions based on qualifications and suitability for the job. Instead, it promotes diversity and equal opportunity in the hiring process by ensuring that minority candidates are considered and given the opportunity to compete for these positions. As such, the Rooney Rule aligns with anti-discrimination laws and principles by fostering a more inclusive and equitable hiring process without imposing quotas or preferences based solely on race or ethnicity.
• In the UK, the English Football League (“EFL”) operates a policy whereby clubs must interview at least one black, Asian and minority ethnic (BAME) candidate for a managerial vacancy. It is only necessary if they do not have a shortlisting process and interview only one candidate.

‘Jump the Queue’

• The waiting list is a clear barrier to dismantling the predominantly male demographic of private clubs such as the MCC. On 17 February 1998, Donal Trelford offered his insight ahead of the historic vote on the admission of women to the MCC. In the article ‘Admission of women: MCC playing a waiting game’, Trelford stated that “It will be tough luck, admittedly, on men on the waiting list if women are allowed to jump the queue ahead of them. But I see no alternative if the club are to present themselves to the world as genuinely opposed to discrimination.”
• According to an article by The Guardian published on 8 May 2024, the chair of the Garrick has told members that the club may consider “allowing one or two exceptional … lady members” to join in the near future but that normal waiting times will apply for the majority of women.
• The ‘jump the queue’ scheme for women, however, should not be determined by financial means. Wealthy women such as Theresa May and Priti Patel should not be able to “buy” their way in, thereby discriminating against women seeking membership who do not have these extravagant financial means. Proponent of this view, Labour’s Harriet Harman, said the club’s admission process would need to change. “You can’t have men who excluded women for years choosing which women are ‘acceptable’ to them. They should invite the women candidates – Ayesha, Cathy and Mary – to form a panel for admissions.”
• To determine whether a ‘jump the queue’ policy is a positive action it must satisfy all of the conditions outlined in section 158 of the Act.
• The inherent disadvantage is unequivocal. Women seeking membership in historically male-only clubs face a clear disadvantage; they are relegated to the bottom of lengthy waiting lists, alongside male counterparts who have long enjoyed unimpeded access.
• Consequently, achieving gender parity within these clubs becomes a protracted endeavour. The case of MCC serves as a poignant illustration, wherein women gained full membership rights only in 2018, two decades after admission was initially permitted in 1998.
• The necessity for female representation in formerly male-only private clubs is underscored by the imperative of fostering inclusivity, promoting gender equality, and rectifying historical disparities. Such representation serves to cultivate diverse perspectives, enhance organizational dynamics, and uphold principles of fairness and equity. Moreover, it aligns with broader societal efforts to dismantle barriers to participation and ensure equal opportunities for all individuals, regardless of gender.
• Indeed, the availability of alternative methods to address gender disparity in previously male-only private clubs can be a subject of contention. While some advocate for proactive measures such as targeted recruitment efforts like a ‘free trial’ to promote inclusivity, others argue for a more laissez-faire approach, emphasizing gradual cultural shifts and organic change within the club's membership base. The debate often centres on balancing the need for immediate action to rectify historical injustices with concerns about preserving the autonomy and traditions of the club. Ultimately, finding consensus on the most effective and equitable approach requires careful consideration of the club's unique context, values, and goals.
• Implementing a ‘jump the queue’ scheme where all available positions are exclusively allocated to women could potentially be deemed disproportionate and discriminatory towards men. To meet legal scrutiny, therefore, a more balanced solution might involve allocating a greater percentage of available membership spaces to females, thereby enhancing their participation while maintaining fairness for all members. Determining the appropriate percentage of spaces allocated to females should be done in a proportionate and non-discriminatory manner, considering factors such as the degree of historical underrepresentation and the overall composition of the club's membership. Indeed, with even this level of consideration one might conclude to allow all available spaces to be allocated to men.

To ensure fairness, the club must closely monitor the scheme's impact on female participation. Once the desired level of female membership is achieved, the fast-track scheme should be discontinued. This approach would only constitute positive action if the club has exhausted less discriminatory alternatives for increasing female representation. This is similar to the course of action the Labour Party adopted in general elections concerning the AWS scheme.

Legal Actions and Consequences

Using positive action to redress an imbalance for underrepresented groups may have the consequence of relatively worsening the position of other individuals or groups, so there is likely to be risk of complaints and even legal action against the organisation.

If a private club or association implements a policy aimed at fast-tracking women without meeting the legal conditions to qualify as positive action under Section 158 of the Equality Act 2010, it could potentially lead to legal proceedings. This would especially be the case if the policy is found to be discriminatory towards men, as it would violate the principle of equality under the law. Any policy or action that discriminates based on gender, without meeting the legal criteria for positive action, could be subject to challenge through legal avenues.

Additionally, the club may face court action if a discrimination claim is pursued.

Conclusion

It is apparent that since these formerly men-only private clubs have opened their doors to women, the admission of women into them as members is not as simple as satisfying the necessary requirements to pass such a policy. Accompanying private clubs are lengthy waiting queues which delay the effects of female representation in such traditional clubs.

The possible solutions? Let the waiting list run a natural course and, at some point in the future, clubs may begin to get equality in membership. Alternatively, clubs could set a goal of equality in numbers in the next five to 10 years. The strategy should mean a number of initiatives. A one-off clause incorporated into the constitution to say that all future members in 3 years’ time would be women could be one such example.

Opening up new membership areas is another alternative to the clubs. For example, anyone over a certain age automatically becomes a senior member. This would require constitutional change but the need to do this may be essential to ensure equality in membership.

Another policy that could be implemented is that an equal number of men and women must join over the next 10 years. While some may not like this policy, it would result in creating lists of men and women separately and therefore allowing parity to be reached sooner.

But why do anything at all? Why not leave the rules/policies and current system as it stands and let the waiting lists work their fair and just magic?

Prior to women being allowed in, many of these clubs had lengthy “men-only” waiting lists and therefore the actual number of women becoming members in the near future will be very small. For an organisation like the MCC, it would take several decades. A legal case or many cases would inevitably follow from women in light of the fact that they have been unfairly discriminated against and it is hard to see how the club(s) would defend such an action.

And what if the clubs did act positively so as to benefit women over men for a couple of years? If the constitutions were re-written so as to allow proportionally more women than men gaining membership in 2025 and 2026 so that the equality balance could be developed quicker?

The “bad” publicity of this would be that the clubs are acting morally and justly in attempting to create more equality in membership for the many years of discrimination. Acting in such a just way would be “good” publicity no matter what the consequences. Unless clubs in reality did not want to change the status quo, this method would achieve immediate results in terms of membership but also underline the club’s seriousness in achieving true equality.

Whilst the Equality Act 2010 allows for positive action, the implementation of a fast-track policy must meet conditions subject to the judgement of the court. To avoid amounting to positive discrimination, it might therefore be possible to implement two separate queues for membership. This approach would ensure that women still have to wait but are separated from men. The number of women admitted each year must also meet the requirements to constitute positive action rather than positive discrimination.

If clubs are to truly embrace women into their membership then several methods must be implemented, but unless targets are set that allow for this to occur sooner rather than later, achieving true equality in these clubs will take decades.

The MCC, Garrick and many other clubs, have changed their rules and are inclusive clubs. But for them to be truly equitable, more women have to become full members and that will require brave and bold steps to achieve the right results sooner and quicker.