Trans charity Mermaids loses challenge against LGB Alliance

Both charities claim this is the first case of its kind

A transgender charity's attempt to get an organisation it described as having an "anti-trans focus" removed from the charity register has been dismissed.

Mermaids launched the legal challenge after the Charity Commission registered the LGB Alliance in 2021.

The LGB Alliance supports lesbian, gay and bisexual people, but Mermaids alleged the group sought to undermine its charitable activities.

On Thursday the tribunal ruled Mermaids was not entitled to bring the case.

Mermaids' legal challenge is believed to be the first time a charity sought to strip another charity of its charitable status.

But the tribunal ruled that while Mermaids and its supporters may have been affected by LGB Alliance "emotionally and/or socially," this did not give them the legal right to appeal against their registration as a charity.

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Mermaids was set up in 1995 to support children and young people questioning their gender identity. It said the LGB Alliance sought to "destroy" its reputation and sources of funding.

LGB Alliance says it exists to advance the rights of lesbian, gay and bisexual (LGB) people. It insisted it is not transphobic and does not endorse discriminatory behaviour towards any group or individual.

The tribunal had been asked to consider whether LGB Alliance should have been registered as a charity, but the two judges on the panel were unable to reach an agreement. Both judges agreed the case should be dismissed.

Judges heard arguments about the definition of homosexuality, transgender rights and gender identity services for children and young people, during a week of evidence at the general regulatory chamber in London, in September.

In their written ruling, the judges said the case was not about the "rights of gender diverse people, or about the rights of gay, lesbian and bisexual people", but focussed on a "small part" of the law regulating charities.

The Charity Commission said its role was not to regulate public debate on sensitive issues but to apply the law when registering charities.

'Respect and tolerance'

Both LGB Alliance and Mermaids fundraised thousands of pounds to pay for their legal costs.

Kate Barker, chief executive officer of LGB Alliance, said she was "delighted" with the decision, but added "the cost to us and to our supporters has been huge".

She said the process had been "bruising" for LGB Alliance, that it was glad the process had come to an end and it was looking forward to doing more charitable work.

"We've got projects like a helpline, friends' groups and student networks and a lot of those things were on hold because we had a cloud hanging over us," she said.

Mermaids said, although disappointed, the ruling had "no reflection" on it as an organisation and its work will continue. It is considering whether to appeal.

Jolyon Maugham, the director of campaign group Good Law Project, which supported Mermaids, said he felt the judges took a long time to make a decision because they "found it impossible" to rule LGB Alliance's charitable status, due to a "toxic discourse" about the rights of trans people.

During the case, LGB Alliance said the attempt to have it struck off the register was "profoundly homophobic", while Mermaids said LGB Alliance had been persistently "attacking" them.

The Charity Commission urged both charities to be respectful and tolerant of each other. "Demonising and undermining those who think differently is not acceptable from any charity on our register", it added.