Transgender charity Mermaids today lost its case to have gay rights organisation LGB Alliance stripped of its charitable status in what is believed to have been the first case of its kind in the UK.
The attempt by the trans group was branded ‘profoundly homophobic’ at the tribunal last November and Mermaid’s case was thrown out today, although they are considering an appeal.
Mermaids launched the legal action arguing that the LGB Alliance should be stripped of its charitable status, alleging the organisation is merely a front for transphobia and political campaigning to prevent changes on gender self-identification in the law. The two charities fundamentally disagree on issues of trans rights, with the LGB Alliance taking the view that people cannot change their biological sex while Mermaids argue they can.
Today’s judgment found in LGB Alliance’s favour and said: ‘We found Mermaids has no legal right to operate free of criticism.’
LGB Alliance director Kate Harris called it a ‘vanity project’ by Mermaids and LGB’s co-founder Bev Jackson said today that the case had cost them £250,000, calling it a ‘victory for everybody in the UK’, a ‘civilised society’ and ‘freedom of thought’.
She said: ‘Why on earth was this necessary? How can this happen that we find ourselves in court having to defend, for instance, what a lesbian is. When everyone knows what a lesbian is. It is extraordinary all the money we have spent in order to defend our existence as the only charity that stands up exclusively for people who are attracted to others of the same sex. How is it possible?’
The LGB Alliance celebrated victory over Mermaids today
Today’s judgment found in LGB Alliance’s favour and said: ‘We found Mermaids has no legal right to operate free of criticism.’
‘It’s huge win, not just for the LGB Alliance but for gays, lesbians and bisexuals all around the world.’
The trans charity said it was ‘disappointed’ by the tribunal decision but added that it is taking legal advice on a possible appeal.
In a statement the charity said: ‘While we are disappointed by the finding that we did not have standing to bring the appeal, Mermaids is proud to have been able to speak up authentically for the trans community in court, and to have demonstrated that the LGBT+ sector is united in its trans-inclusive approach, which we believe to be a victory in itself.’
Mermaids may appeal
After today’s ruling a Charity Commission spokesperson said: ‘We welcome this judgment. As the judges confirm, it is not the Charity Commission’s role to regulate public debate on sensitive issues on which there are deeply held, sincere beliefs on all sides. Our role is to apply the law, and we consider that we did so in registering LGB Alliance as a charity.
‘All charities, ultimately, must deliver on their purposes for the public benefit. We understand both charities hold opposing views, but when engaging in public debate and campaigning, they should do so with respect and tolerance. Demonising and undermining those who think differently is not acceptable behaviour from any charity on our register.’
It is believed to be the first time a charity has ever challenged the registration of another charity.
Representing the LGB Alliance, Karon Monaghan, KC, claimed that Mermaids’ action was ‘profoundly homophobic’ and ‘deeply offensive’, adding: ‘It is again the love that cannot speak its name.’
Today two-judge panel at the General Regulatory Chamber in London ruled in a brief online hearing on Thursday that the appeal was dismissed.
Judge Lynn Griffin said: ‘The appeal in this case is dismissed. We have dismissed this appeal because we have decided that the law does not permit Mermaids to challenge the decision made by the Charity Commission to register LGB Alliance as a charity.’
LGB Alliance described itself as a charity which promotes the rights of lesbian, gay and bisexual people ‘on the basis of sex rather than gender and believes that gender transition is largely driven by homophobia’.
During the hearings last year LGB Alliance co-founder Bev Jackson said the organisation shared the view of Harry Potter author JK Rowling that ‘without sex there is no same-sex attraction’.
The two charities fundamentally disagree on issues of trans rights, with the LGB Alliance taking the view that people cannot change their biological sex while Mermaids argue they can (pictured, LGB Alliance co-founder Bev Jackson and director Kate Harris)
Mermaids launched the legal action arguing that the LGB Alliance should be stripped of its charitable status, alleging the organisation is merely a front for transphobia and political campaigning to prevent changes on gender self-identification in the law (file image). They have lost
Ms Jackson said: ‘Anti-lesbian prejudice and fear is leading many teens, especially lesbians, to believe that they have ‘gender identity’ issues when they are in fact grappling with their emerging lesbian/gay sexual orientation.’
Dr Belinda Bell, chair of trustees at Mermaids, accused LGB Alliance of trying to ‘undermine’ the work of charities such as Mermaids and Stonewall.
Dr Bell’s statement at last year’s hearing read: ‘A central goal of LGB Alliance is seeking to undermine the work of a wide variety of organisations which it says have promoted trans rights to the detriment of women, children and LGB people.’
It added that LGB Alliance ‘has repeatedly stated in public forums that Mermaids seeks to inappropriately push LGB children into identifying as trans’, allegations it said are ‘false and harmful to Mermaids’ ongoing work’.
Separately, a Charity Commission inquiry into Mermaids – opened in December last year after new concerns were identified about the organisation’s governance and management – is ongoing.
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