In a landmark ruling, two judges have today rejected an attempt by a transgender rights group to have a gay rights organisation stripped of its charitable status.
An at-times bitter battle saw Mermaids, which supports transgender, non-binary and gender diverse children and their families, appeal against the Charity Commission’s decision to register the LGB Alliance in 2021.
In an online hearing at the General Regulatory Chamber today, the judges dismissed the appeal.
Judge Lynn Griffin said: “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.”
But they added: “Notwithstanding significant time being spent on deliberation in trying to do so, the two members of the panel hearing this appeal have been unable to reach agreement on whether, if Mermaids does have standing, LGBA is a charity within the meaning of the 2011 Act.”
The judges said the case was focused on the Charities Act rather than the rights of gender-diverse or gay people.
They wrote: “The topics on which we have heard evidence, and the broader implications both for individuals and society, are important matters of public interest on which strong views are held and publicly expressed.
“We are conscious that this case was regarded by some as being about the rights of gender-diverse people or about the rights of gay, lesbian and bisexual people, but it is not; the focus of this decision is upon a small part of the Charities Act 2011 and what it means, applied in the circumstances of this case.”
Kate Barker, chief executive of LGB Alliance, said: “We are absolutely delighted with this judgement and with the news that we will retain our charitable status.
“Whilst this is a battle we did not seek, neither would we flee from it. But the cost to us and to our supporters has been huge.
Our legal fees amount to more than £250,000 and that money has come from small supporter donations. So, whilst our win is great news for lesbians, gay men and bisexuals, we can’t help but reflect on the fact that a sum like that would have been better spent on projects such as our Helpline for young people, our LGB Archive and our Friends’ Network.”
She added: “In a free society we must be free to disagree and we hold fiercely to that view.
“We are relieved that this long, and sometimes bruising, process has reached an end and we thank all of our wonderful supporters and our brilliant legal team.
“As to our detractors… they tried to run us ragged. They failed. We’re happy that now the work goes on.”
Mermaids, which said the LGB Alliance “denigrates those who support trans people”, said it was “disappointed” by the tribunal decision but was 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.”
The Charity Commission welcomed the ruling and warned that charities with opposing views must be respectful and tolerant of other organisations.
A spokesperson said: “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.”