A Tribunal decided on Thursday, July 6 that trans rights charity Mermaids, supported by a coalition of LGBTQ+ organisations, doesn’t have legal standing to appeal a decision made by the Charity Commission in June 2021 to register LGB Alliance (LGBA) as a charity.
Mermaids, and other LGBTQ+ organisations, argued that LGBA shouldn’t be recognised as a charity because it was “focused on hostile anti-trans activism and not (as it claimed) on the promotion of lesbian, gay and bisexual rights”.
“Their decision is that Mermaids doesn’t have legal standing to bring the appeal. Standing in this context is not well-defined, and we always knew this was a complex aspect of the case.
“Because they found against us on standing, the Tribunal didn’t have to rule on the main issue in the appeal – namely whether or not LGBA should have been registered as a charity to begin with.
“But the two judges indicated that they had given that question careful consideration and had been split on the answer. That is, one of the judges agreed with us that LGBA should not have been registered as a charity, and one disagreed.
“We don’t know the details of their reasoning, but we think that is a really significant outcome. Had we been found to have standing, there is a chance that the tie would have been resolved in our favour and we would have won the case.
“That puts a huge question mark over LGBA’s status. In addition, key points of our evidence about LGBA were accepted by both judges. They agreed with us that some of LGBA’s output on social media went beyond the boundaries of civilised debate, and they accepted our evidence that LGBA had progressed the “pro-LGB” activities it claims to be focused on “only to a limited extent”. They suggested that a combination of public scrutiny and oversight by the Charity Commission would “deter LGBA from crossing the line” in future.
“We are glad to have been able to shine a light on the harmful nature of LGBA’s activities and the need for ongoing scrutiny, and we are pleased that one of the judges accepted our evidence that LGBA should never have been registered as a charity. But we are disappointed that the Tribunal wasn’t able to go further.
“If we don’t meet the test for standing in this case, it is hard to imagine that anyone could have done. In effect, that means that the decision to register LGBA as a charity cannot be challenged by a third party, even though the judgment confirms that there are serious doubts over whether LGBA should have charitable status.
“We are taking legal advice on whether to appeal the finding on standing. In the meantime, our focus remains on channelling all of our energies into the urgent, critical challenges facing trans young people today. This includes demanding access to timely healthcare and robustly challenging forthcoming trans guidance for schools which, if reports are true, could have devastating consequences not only for trans children and young people, but any young person who doesn’t conform to gender norms.
“Thank you to everyone who has supported our case, and to all those who continue to stand up for trans young people in an increasingly hostile climate. We are grateful for the support and solidarity of the LGBTQ+ community and LGBTQ+ organisations across the UK and globally, who resist attempts to divide our community. Together, we can create a better world to grow up trans.”
A Charity Commission spokesperson added: “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 LGBA 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.”
