The Good Law Project is warning that organisations’ decisions to exclude trans women could actually be unlawful (ahem, Girlguiding and Women’s Institute). It has now decided to challenge the trans ban.
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As the Canary previously reported, the UK Supreme Court ruled that the terms “women” and “sex” in the Equality Act 2010 refer exclusively to characteristics assigned at birth. This is thanks to a campaign by anti-trans campaigners.
The judgment has already had significant implications for the rights of transgender women across the UK. It has also had a knock-on effect on other members of gender queer communities.
But now, the Good Law Project is questioning how the recent Girlguiding ban of trans girls even came about.
The Supreme Court’s decision was based on the For Women Scotland case.
It questioned:
whether the definition of sex under the Equality Act 2010 included trans people with Gender Recognition Certificates.
However, under-18s have never been able to obtain Gender Recognition Certificates. This means the whole premise of Girlguiding banning trans girls is bullshit.
Of course, these organisations have decided they have no financial choice but to give in to the bullying by anti-trans campaigners.
Later this month, the High Court will decide whether Sex Matters will be allowed to challenge Hampstead women’s pond for being trans-inclusive.
Transphobes are attempting to force the ladies’ pond to ban trans women. This is despite its members recently voting to be trans-inclusive.
It adds:
The law in this area is complex, but it does not require trans exclusion.
There are also human rights considerations, such as Article 11 of the Human Rights Act. We think that preventing women from running their organisations on a trans-inclusive basis — if they want to — is likely to interfere with their right to freedom of association in a manner that will be difficult to justify.
Remaining trans-inclusive
The Good Law Project added that it believes that organisations wishing to remain trans-inclusive are not breaking the law.
It is also planning to bring legal action against both Girlguiding and the Women’s Institute on behalf of trans women and girls who will now be excluded.
Jess O’Thomson, trans rights lead at the Good Law Project, said
the only way to stop bullies is to stand up to them. We want to support inclusive organisations who are being threatened, alongside the trans people who are now finding themselves excluded.
If the trans ban at either organisation has affected you, you can reach out to the Good Law Project here.
Feature image via HG
By HG
This post was originally published on Canary.