Coalition Demands Government Action on Trans-Inclusive Spaces
Sir Keir Starmer and Bridget Phillipson have been urged by a coalition of more than 140 feminist and LGBT+ organisations to protect trans-inclusive spaces from gender-critical legal battles. This call to action follows a high-profile legal challenge over transgender access to single-sex facilities at swimming ponds on Hampstead Heath.
Legal Challenge Fails but Threat Persists
The intervention comes after charity Sex Matters brought legal action against the City of London Corporation, which operates the men's, ladies' and mixed bathing ponds in north London. The gender-critical organisation argued that allowing trans people to use facilities matching their gender identity constituted sex discrimination. However, last month a judge ruled the case could not proceed in the High Court, stating the appropriate forum would be the county court.
This legal decision follows last year's Supreme Court ruling that a person's legal sex is determined by biological assignment at birth. Despite the setback, Sex Matters has expressed disappointment with the verdict and is considering further legal options, meaning the Hampstead Ladies Pond could face additional challenges.
Organisations Warn of "Existential Threat"
In a letter coordinated by the Trans+ Solidarity Alliance and sent to hundreds of MPs, the coalition warns that "trans people in Britain are facing an existential threat, while businesses, employers and service providers are being dragged through the courts for defending their inclusive practices."
The letter, signed by 146 organisations including Amnesty Feminists and LGBT+ Consortium, states: "Fighting for inclusion is hard: 86 per cent of respondents to the City of London's recent Hampstead Heath swimming ponds consultation want to remain trans-inclusive, and yet the Corporation continues to face the prospect of expensive litigation."
It adds: "They don't want this. But law-fare against inclusive organisations will continue, whatever the courts decide, with public money and business budgets spent defending against it - unless you act."
Concerns Over Gender Policing
The coalition expresses particular concern about potential guidance that could lead to gender policing based on appearance. The letter warns: "Anything else risks forcing businesses, charities and public services to police everyone's gender - with reports suggesting that the EHRC recommends this be done based on looks, putting all women at risk of misogynist abuse. This would be dangerous and unworkable."
Jessica Fortune, co-chair of Amnesty Feminists, emphasised: "Feminism that doesn't include trans people isn't feminism. It's just reinforcing the gender hierarchy we've always fought against. Being silent is not neutral. When gender policing intensifies against trans people, all women are harmed."
Heather Paterson from LGBT+ Consortium added: "Trans inclusion is the norm across the country. Our members work every day to create safer, more inclusive spaces across the UK, and we have seen before where exclusion leads. We will not be silent while trans lives, inclusive organisations, and the values that bind our communities together are put at risk."
Political Response and Government Position
The letter urges MPs to ask Sir Keir Starmer and Bridget Phillipson to "work to ensure our equalities law and guidance protects the norm of trans-inclusion" and to "commit to ensuring that all UK legislation protects the human rights of trans and gender non conforming people."
Left-wing Labour MP Nadia Whittome told The Independent: "Policing people's gender is fundamentally harmful for all women, whether they are trans or not. I sincerely hope that my fellow MPs will listen to them. We must pressure the government to uphold the rights of our trans constituents and prevent businesses and organisations from being bullied into excluding trans people via legal threats."
Helen Joyce, director of advocacy at Sex Matters, maintained: "As the Supreme Court confirmed last year, equality law can only protect women from sex discrimination if sex is understood in law to mean sex, not paperwork or self-ID. Any organisation with policies that do not comply with this understanding is acting unlawfully and harming women."
A government spokesperson responded: "We expect all duty bearers to follow the Supreme Court ruling and seek legal advice where necessary. The EHRC has submitted a draft Code of Practice for Services, Public Functions and Associations to Ministers, and we are working at pace to review it properly. This will provide further guidance to duty bearers on how to apply the Equality Act."
The intervention comes amid ongoing delays in introducing new guidance on transgender people's use of single-sex spaces following the Supreme Court ruling. A code of practice, updated after last April's decision that the term "woman" in equality legislation referred to biological sex, was shared with the government more than four months ago.
