"Could they potentially refuse to provide representation to a member with GC views?"
(Retired SaLT Union Rep chipping in here)
If they do then they would be in breach of Section 57 of the Equality Act.
57 Trade organisations
(1) A trade organisation (A) must not discriminate against a person (B)—
(a) in the arrangements A makes for deciding to whom to offer membership of the organisation;
(b) as to the terms on which it is prepared to admit B as a member;
(c) by not accepting B's application for membership.
(2) A trade organisation (A) must not discriminate against a member (B)—
(a) in the way it affords B access, or by not affording B access, to opportunities for receiving a benefit, facility or service;
(b) by depriving B of membership;
(c) by varying the terms on which B is a member;
(d) by subjecting B to any other detriment.
(3) A trade organisation must not, in relation to membership of it, harass—
(a) a member, or
(b) an applicant for membership.
(4) A trade organisation (A) must not victimise a person (B)—
(a) in the arrangements A makes for deciding to whom to offer membership of the organisation;
(b) as to the terms on which it is prepared to admit B as a member;
(c) by not accepting B's application for membership.
(5) A trade organisation (A) must not victimise a member (B)—
(a) in the way it affords B access, or by not affording B access, to opportunities for receiving a benefit, facility or service;
(b) by depriving B of membership;
(c) by varying the terms on which B is a member;
(d) by subjecting B to any other detriment.
(6) A duty to make reasonable adjustments applies to a trade organisation.
(7) A trade organisation is—
(a) an organisation of workers,
(b) an organisation of employers, or
(c) any other organisation whose members carry on a particular trade or profession for the purposes of which the organisation exists.
https://www.legislation.gov.uk/ukpga/2010/15/section/57
Explanatory Notes to Section 57:
-
This section makes it unlawful for a trade organisation to discriminate against, harass or victimise a person who is, or is applying to be, a member. It also requires trade organisations to make reasonable adjustments for disabled people.
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A trade organisation is an organisation of workers (such as a trade union) or employers (such as the Chambers of Commerce); or an organisation whose members carry out a particular trade or profession (such as the British Medical Association, the Institute of Civil Engineers and the Law Society).
-
This section is designed to replicate the effect of similar provisions in previous legislation. It also extends the protection to cover discrimination in the arrangements made for determining to whom membership should be offered.
Examples
A trade union restricts its membership to men. This would be direct discrimination.
An organisation of employers varies membership subscriptions or access to conferences because of a person’s race. This would be direct discrimination.
https://www.legislation.gov.uk/ukpga/2010/15/notes/division/3/5/1/19
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They might already be in breach of Section 57 if they are conflating gender critical views with "transphobia" as per the CSP definition, eg.
by deleting comments so that members with gender critical views are prevented from enjoying the benefit of services provided by the CSP and participation in CSP activities and discussion;
by encouraging CSP members to harass other members with gender critical views by reporting them for "hate".
CSP should take legal advice about the statement it has issued.
It might consider avoiding legal action by amending the Statement, clarifying:
that gender critical views are not transphobic
that all the protections it wishes to provide for people who believe in the existence of gender identities must also be provided for people who do not believe in the existence of gender identities
same sort of thing re "Conversion Practices" (you get the picture).
Hope this is helpful xx
ps. VenusEnvyXX I am eternally grateful for your pelvic floor exercises - how are you getting on with those voice exercises? 😘