Mermaids’ attempt to shut down gay charity is ‘profoundly homophobic’, tribunal hears – msnNOW
© Provided by The Telegraph Mermaids founder Susie Green
Mermaids’ attempt to have a gay charity struck off are “profoundly homophobic”, a tribunal has heard.
The trans children’s charity is asking for judges to strip the LGB Alliance of its charitable status claiming that the organisation is merely a front for transphobia.
But Karon Monaghan KC, representing the LGB Alliance, alleged that Mermaids had not suggested that the charity was a “sham”.
Instead, the case, which included evidence of social media posts, relied upon “insinuation” and “conspiracy” to suggest that they were “setting out to deceive” the Charity Commission about the work they were doing.
She said that during the hearing, Mermaids had suggested that words like sexual orientation, sex-based rights, and lesbian, gay and bisexual were “used to signal position against trans rights”.
“This is deeply offensive, and it is profoundly homophobic, it is again the love that cannot speak its name,” Ms Monaghan told the tribunal.
She said that if that is the “stigma” attached to those words “it pushes same-sex attracted people back into the closet”.
Safeguarding ‘red flags’
Michael Gibbon KC, representing Mermaids, denied any accusation of homophobia. He told the court that LGB Alliance were seeking to undermine trans charities like Mermaids “by promoting the view that they spread disinformation, and by seeking to deprive them of funding”.
The tribunal in central London heard that the two charities fundamentally disagreed on issues of trans rights, with the LGB Alliance taking the position that there you cannot change your biological sex.
Mermaids launched legal action arguing that it should be stripped of its charitable status arguing that it was merely a front for transphobia and political campaigning to prevent changes in the law.
It is believed to be the first time a charity has ever challenged the registration of another charity.
Separately to the tribunal, Mermaids is subject to an investigation by the Charity Commission which opened a “regulatory compliance case” after an investigation by the Telegraph revealed safeguarding “red flags” in its dealings with children.
Ms Monaghan told the judges that “Mermaids’ charitable status is not the subject of scrutiny here” but reminded them that the trans charity also took part in political lobbying, including calling for changes to the Equality Act to cover gender identity.
Summing up the case, she said: “If this tribunal were to take the view that somehow Mermaids’ political activity did not undermine the charitable nature of their objects, but LGB Alliance’s political activity did, it would be taking a position in relation to these matters and concluding that gender-critical beliefs are somehow inherently political and contested whereas gender identity ideology is somewhat more neutral and settled.”
‘A process of engagement and debate’
Charities are legally allowed to take part in political activity to a certain extent as long as it is in pursuit of their charitable objectives.
The Charity Commission, which is the first defendant in the case as Mermaids say it should not have granted status, said that it was confident that the gay, lesbian and bi-sexual group was pursuing charitable activities when it registered in April 2021.
Iain Steele KC, representing the regulator, said it was up to the tribunal to decide on all the information which had come to light whether the LGB Alliance should keep its registration.
But he said that just because the charities disagreed was not a reason to strip the LGB Alliance of its status.
“It would not be enough for Mermaids to show that the Alliance is seeking to win the public debate and establish support for its views on what the specific requirements of human rights are,” he told the judges.
“That is because the public as a whole benefit from a process of engagement and debate between those who have different perspectives. Even if conducted in a manner which is perhaps not collaborative, they are ultimately collaborating on behalf of the entirety of society to identify the correct balance to strike on those extremely difficult and problematic issues.”
The First-tier Tribunal in central London is expected to give its ruling next year.