The UK’s Charity Commission has confirmed that charities do not need to abandon trans-inclusive policies following the UK Supreme Court’s ruling on the Equality Act. In April, the court ruled that the Equality Act’s definition of “sex” and “woman” refers to biology, but stressed this was not a “triumph of one or more groups in our society at the expense of another”.
Despite this, some charities have begun excluding trans people from single-sex spaces, including youth charity Girlguiding, which barred trans girls from its groups. Charity Commission CEO David Holdsworth urged organisations to wait for legal clarity before making exclusions. He was responding to an open letter from consultant Penny Wilson, signed by hundreds of charity workers. Wilson warned: “We are concerned that… other organisations may now feel compelled to exclude trans people, even when this runs counter to their values.” Holdsworth said charities should await the final statutory guidance or seek legal advice. Legal experts say the ruling alone does not require exclusion. Barrister Oscar Davies said equality law is “permissive rather than exclusionary…The Equality Act is meant to be a shield rather than a sword.” It is an eye-opener for American non-profits and businesses that are exclusing trans community and fearing facing conservatives, rather than standing strong by the LGBTQ!
