Mermaids loses in attempt to strip charitable status from gender-critical organisation

Mermaids, a controversial charity which advocates for ‘affirming care’ for children who identify as transgender has lost in an unprecedented legal battle to remove a gender-critical charity of its charitable status.

In a dividing case for the LGBT community, the LGB Alliance, which opposes “attempts to introduce confusion between biological sex and the notion of gender”, has been groundbreaking in standing against positions taken by Stonewall, the foremost LGBT advocacy group. It was formed in 2019 to advocate for the rights of same-sex attracted people to define themselves as ‘same-sex attracted’, rather than having to subscribe to gender ideology, and opposes puberty blockers, gender recognition reform, and a ban on trans ‘conversion therapy’ (such as talking with a counsellor).

Mermaids’ case was dismissed today by judges following seven days of hearings last year (2022) in which their chair of trustees declared “I’m not sure that people come out of the womb with a sex”. They claimed that the LGB Alliance is a front for transphobia and political campaigning to prevent changes in the law.

Judges Griffin and Neville of the General Regulatory Chamber in the First-tier Tribunal, today ruled to dismiss the appeal of Mermaids. To quote the judges; the law “does not permit Mermaids to challenge the decision made by the Charity Commission to register LGB Alliance as a charity”.

They continue to say that it is important to recognize the difference between the actions of the charity and “the activities of those who simply support its cause”. The judges also stated that charities are entitled to hold different views, but that they will also be subject to criticism. To quote directly, “there is no legal right to be free from criticism by those who disagree with you or to prevent those who hold beliefs that the law recognizes as protected from expressing themselves or seeking to persuade others to their point of view”.

Following today’s ruling, the CEO of LGB Alliance, Kate Barker, expressed her frustration at Mermaids, saying, “In a free society we must be free to disagree, and we hold fiercely to that view.”

Separate to this case, Mermaids are currently being investigated by the Charity Commission around “red flags” in safeguarding children.

The case was the first of its kind in the UK, as it was the first time that a challenge of charitable status has been raised on the basis of charitability and public benefit, rather than allegations of financial misuse or mismanagement.