The far-left LGBTQ+ Stonewall group’s charitable status may come into question over accusations of having violated rules governing charities, after it appeared to argue that organisations could disregard the recent UK Supreme Court ruling on transgenderism.
Last month, a landmark ruling from the UK Supreme Court confirmed the reality of biology, finding that “the concept of sex is binary, a person is either a woman or a man.” In interim guidance, the Equality and Human Rights Commission (EHRC) said that the ruling meant that public-facing organisations like hospitals, restaurants, and shops should not allow biological males who claim to be transgender to use female bathrooms.
Following the ruling, the Football Association (FA) and the England and Wales Cricket Board (ECB) announced they would prohibit males from competing in their women’s leagues. Even before the ruling, multiple sporting organisations, including British Cycling, British Rowing, the Rugby Football Union (RFU), and UK Athletics, among others, already barred biological males from competing against women.
However, this week, the radical Stonewall charity argued that the FA and ECB’s moves were too hasty and that they were made “before the implications of the Supreme Court’s ruling have been worked through by lawyers and politicians or become law,” The Times reported.
“This is widely acknowledged to be an incredibly complicated ruling and its wide-ranging impact is still being worked through by the legal fraternity,” the group said. “All organisations should be waiting to see how and in what way statutory guidance is changed, before making any changes to their policies.”
However, opponents have noted that since the Supreme Court was merely clarifying the 2010 Equality Act by ruling that biological males could not claim discrimination under the legislation if banned from female spaces, then Stonewall’s interpretation that new laws are necessary could mislead organisations into not abiding by the ruling.
The women’s advocacy group Sex Matters said that it would refer Stonewall to the Charity Commission on Monday if it refuses to retract its statement, which Sex Matters claimed violated rules surrounding charities, including to promote the “sound administration of law”.
Sex Matters Chief Executive Maya Forstater told The Telegraph that Stonewall’s advice was “wrong and dangerous,” saying: “The judgment is comprehensive, but is not at all complicated… Employers, service providers, charities and other duty-bearers under the Act have an ongoing obligation to comply with all relevant laws. There is no justification for waiting, and no ambiguity about what must be done.
“No further commentary or guidance is required, and by telling organisations to wait before acting, Stonewall is encouraging them to act unlawfully.”
A spokesman for Stonewall said: “We are highlighting that organisations don’t need to take any action yet, or change their policies, because no new statutory guidance has been issued. The widespread implications of the ruling are still being considered and there will be a consultation process and a subsequent parliamentary process before any changes to statutory guidance are issued.
“Once, and if, there is new statutory guidance, Stonewall will review its own materials to ensure they reflect the latest legal developments. Stonewall’s guidance has always reflected the law.”
In addition to facing potential action over its charitable status, Stonewall has been facing troubles since President Donald Trump’s administration revoked the funding it received through foreign aid programmes. The radical LGBTQ+ group will reportedly be forced to make significant cuts to its foreign staff network after losing access to American taxpayer money.
