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Feminism: Sex and gender discussions

Mermaids vs LGB Alliance and Charity Commissioner - First-tier Tribunal (General Regulatory Chamber) Thread 4

615 replies

nauticant · 07/11/2022 12:40

UPDATE: a transcript of the proceedings has been published and can be found here: lgballiance.org.uk/tribunal-transcript/

The Tribunal started on 9 September, witness testimony was heard from 12 to 15 September, and then, following a break, closing submissions are taking place on 7 and 8 November.

[This paragraph is probaby now redundant] To obtain access to view the proceedings, send a request email to [email protected] about case CA/2021/0013 - Mermaids vs Charity Commissioner and LGB Alliance and ask for permission to join. You then have to provide certain information and agree to a judge's direction in order to be able to join.

There is also live tweeting from www.twitter.com/tribunaltweets

Abbreviations:

J or judge: Presiding Judge, Judge Lynn Griffin
AJ or Judge: Assisted by Judge Joe Neville
MG: Mermaids counsel is Michael Gibbon KC
KM: LGB Alliance counsel is Karon Monaghan KC
AR: Karon is assisted by Akua Reindorf
IS: Charity Commission counsel is Iain Steele

(Also the witnesses, PR: Paul Roberts, JN: John Nicolson. BB: Belinda Bell, BJ: Beverley Jackson, KH: Kate Harris, and EG: Eileen Gallagher.)

Thread 1: www.mumsnet.com/talk/womens_rights/4629679-mermaids-versus-lgb-alliance-in-court-today
Thread 2: www.mumsnet.com/talk/womens_rights/4632780-mermaids-vs-lgb-alliance-and-charity-commissioner-first-tier-tribunal-general-regulatory-chameber-thread-2
Thread 3: www.mumsnet.com/talk/womens_rights/4633653-mermaids-vs-lgb-alliance-and-charity-commissioner-first-tier-tribunal-general-regulatory-chamber-thread-3?page=31&reply=121335177
Thread 4: ongoing

Witnesses for the applicant (Mermaids):

Paul Roberts - CEO of LGBT Consortium (12 September)
John Nicolson MP - Deputy Chair of the All-Party Parliamentary Group on Global LGBT+ Rights (13 September)
Dr Belinda Bell - Chair of trustees of Mermaids (13 September)

Witnesses for the respondent (LGB Alliance):

Beverley Jackson - Co-founder and trustee of LGB Alliance (13-14 September)
Kate Harris - Co-founder and trustee of LGB Alliance (14-15 September)
Eileen Gallagher OBE - Chair of trustees of LGB Alliance (15 September)

Witness Statements:

Paul Roberts: www.lgballiance.org.uk/wp-content/uploads/2022/09/Paul-Roberts-Witness-Statement-Exhibits.pdf
John Nicolson MP - www.lgballiance.org.uk/wp-content/uploads/2022/09/John-Nicolson-Witness-Statement-Exhibits.pdf
Dr Belinda Bell: www.lgballiance.org.uk/wp-content/uploads/2022/09/Belinda-Bell-Witness-Statement-Exhibits.pdf
Beverley Jackson: www.lgballiance.org.uk/wp-content/uploads/2022/09/Bev-Jackson-Witness-Statement-Exhibits-1.pdf
Kate Harris: www.lgballiance.org.uk/wp-content/uploads/2022/09/Kate-Harris-Witness-Statement-Exhibits.pdf
Eileen Gallagher (two statements): www.lgballiance.org.uk/wp-content/uploads/2022/09/Eileen-Gallagher-Witness-Statement-Exhibits.pdf www.lgballiance.org.uk/wp-content/uploads/2022/09/Eileen-Gallagher-Second-Witness-Statement-Exhibits.pdf

Submissions:

www.lgballiance.org.uk/wp-content/uploads/2022/09/Volume-4-Submissions-CA.2021.0013.pdf

(Header format follows the gold standard established by @ickky)

post updated by MNHQ at OP's request in order to include the most up to date information.

OP posts:
Thread gallery
8
Feministwoman · 07/11/2022 20:55

I'm identifying as an 18 yr old, tall, leggy, blonde size 4 model.

🤔🤔🙄🤣

(I'm 70, was brunette now silver, short, squat and a size 16)

SlipperyLizard · 07/11/2022 20:55

Bit late to this thread but if I was Mermaids I’d be furious at whoever instructed Mr Gibbon - I’m surprised the panel wasn’t asleep by the end.

Mr Steele was so much more engaging, and of course his points were actually worth listening to.

Looking forward to tuning in tomorrow.

Reassemble · 07/11/2022 20:14

FannyCann · 07/11/2022 18:30

+ - even less of an idea. Other than plus-sized, I have no context for this at all

Whaat?? I'm not quite there yet but the threat of finding myself under the umbrella will definitely incentivise dieting!

I can relate but think we can identify out of it now and fit into size 10s anyway.

Emotionalsupportviper · 07/11/2022 20:06

nauticant · 07/11/2022 14:46

Is IS going to cause some of the BC fanclub to defect?

NEVER!!!

Wash out your mouth . . .

Feckedupbundle · 07/11/2022 19:14

Thank you for this thread,I've been at work all day with no internet access.Which is probably a very good thing as the 'Bundlejuice' comments have had me snorting and choking with laughter.😂

nauticant · 07/11/2022 18:41

Regarding awarding of costs, this is a tribunal case, and particularly a case in the General Regulatory Chamber. This is from 2013:

13. Third, in some chambers an award of costs may only be made where costs have been incurred as a result of a party’s, or representative’s, unreasonable conduct:
(i) Cases in the Health, Education and Social Care Chamber (save for mental health), see rule 10(1) of the FTT(HESC) Rules.
(ii) In the General Regulatory Chamber (see rule 10 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009).

publiclawproject.org.uk/content/uploads/data/resources/79/PLP_2013_Hannett_Costs_in_the_Tribunals.pdf

OP posts:
FannyCann · 07/11/2022 18:30

+ - even less of an idea. Other than plus-sized, I have no context for this at all

Whaat?? I'm not quite there yet but the threat of finding myself under the umbrella will definitely incentivise dieting!

TheBiologyStupid · 07/11/2022 18:27

FriendofJoanne · 07/11/2022 12:49

This gives me the rage! FFS saying that it is not a fact to say boys can't be girls and girls can't be boys. Show us the evidence then coz I've not seen any evidence so far that humans can change sex.

Absolutely. Things are getting ridiculous: whyevolutionistrue.com/2022/11/07/luana-maroja-on-the-ideological-threat-to-biology/

WallaceinAnderland · 07/11/2022 18:22

EmpressaurusOfWitchesBackFromTheDead · 07/11/2022 17:33

I’d like to know too!

It was in response to the bench asking how we are defining LGB. IS said it would be helpful if both parties could provide a definition of what they believe LGB means.

TheBiologyStupid · 07/11/2022 18:10

Ooh my -plus- went odd

Sure it didn't go queer?

Birdsweepsin · 07/11/2022 18:04

Ooh my -plus- went odd

Birdsweepsin · 07/11/2022 18:03

LGB - we know what this is

T - yeah OK

Q - no idea. Queer? ( Not a pleasant word imho) Questioning? That could be anyone

I - intersex, I think. A medical condition

A - ally. Probably straight but with a weird haircut. Or possibly asexual, which is all of us occasionally

    • even less of an idea. Other than plus-sized, I have no context for this at all

So from my perspective, everything to the right of B could be absolutely anyone.

Needmoresleep · 07/11/2022 17:50

So to paraphrase LGB Alliance's LGB people could be a different group of people to LGB people Mermaids might refer to.

It makes it very hard to draft any legislation around conversion therapy if leading charities within the area cannot even agree what LGB is.

TheBiologyStupid · 07/11/2022 17:46

i couldn't follow the hearing online, so relying on these threads and TT's excellent tweets. Were there any new downloadable documents released as part of today's session?

Mollyollydolly · 07/11/2022 17:38

I really hope LGBA do get costs awarded. I'm more and more convinced this was nothing more than a cynical attempt to bleed them dry with legal costs and destroy them that way. I still don't really understand how it ended up at a tribunal, it seems so flimsy.

Pixiedust1234 · 07/11/2022 17:37

Thanks to everyone posting. I wouldn't have a clue otherwise

EmpressaurusOfWitchesBackFromTheDead · 07/11/2022 17:33

LaughingPriest · 07/11/2022 16:55

Ooh, did this happen? What was the response? I've been trying to follow on Twitter but it's not that clear...

I’d like to know too!

YouSirNeighMmmm · 07/11/2022 17:22

TeenDivided · 07/11/2022 15:26

Can they award all the costs against mermaids? I'd like to see them having to pay for not only their own costs, but also the CC and LGBA.

I found this online, which is exactly what I understand the truth to be

Costs neutral: unlike most cases at court where the starting point is the “winner takes all” – although costs are largely at the court’s discretion the losing party is usually ordered to pay the winning party’s costs (or at least a large chunk of them) – at the Tribunal the starting point is that each side must bear their own legal costs, whether they win or lose.

Note "the starting point".

My understanding is that cost awards can be made in extreme circumstances. My (IANAL) interpretation is that costs can be awarded against a party who have behaved in a wholly unreasonable way.

My view is that homosexuality is same sex attraction under the law, the dicitionary definition, and the ordinary man on the clapham omnibus viewpoint. My view is that seeking to shut down a charity that wishes to fight for gay rights is wholly unreasonable. My view is that Mermaids should have costs awarded against them, and that they might, but it is probably unlikely.

I have said this on here before I think. IANAL but I have appeared at Tribunals (not Charity). I have seen costs awards against parties, but only once and in very extreme circumstances. The losing party did not appear honest or competent (and were criticized for dreadful bundles that resulted in massive amounts of wasted time for all concerned)! They had costs awarded against them not because they lost, but because they should have known that they had no case.

YouSirNeighMmmm · 07/11/2022 17:06

Birdsweepsin · 07/11/2022 15:21

does that mean that Mermaids are not the brains behind this?

💅i couldn't possibly comment

Pretty sure that Mermaids aren't the brains behind anything!

YouSirNeighMmmm · 07/11/2022 17:04

IdisagreeMrHochhauser · 07/11/2022 15:01

Very good point here. Two institutions with differing views can both be charities.

Yes, but surely -

(1) Standing up for same sex attracted people is clearly and undoubtedly a valid aim

and

(2) Standing up for people who claim that sexual orientation is not a thing, and that humans are attracted to "gender" not sex, might be a valid aim.

but

(3) Standing up for people who claim that sexual orientation is not a thing, and that humans are attracted to "gender" not sex, whilst accusing people who believe that homosexuality exists as being anti trans bigots is categorically not a legitimate aim!

I cannot see how the CC and / or the Tribunal can't come out of this saying "all of Stonewalls and Mermaids aims are legitimate, but they are not compatible with supporting LGB rights, the TQ+ and the LGB need to be split."

LaughingPriest · 07/11/2022 16:55

WallaceinAnderland · 07/11/2022 15:48

IS was absolutely brilliant. Loved that he asked for a definition from both Mermaids and LGBA for the words lesbian, gay and bisexual so everyone can understand which members of the public they actually support.

Ooh, did this happen? What was the response? I've been trying to follow on Twitter but it's not that clear...

AutumnCrow · 07/11/2022 16:53

Polestar50 · 07/11/2022 15:18

Hvaldimir just got a little boost from me.
They're probably wondering why there's suddenly a little random rush of donations from women in the UK 😂

Hvaldimir made me cry ffs

TheBiologyStupid · 07/11/2022 16:49

I just brought a massive bag of tortilla chips.

Emotional support snacks - much more practical!

TheBiologyStupid · 07/11/2022 16:47

What is Mermaids own definition of gender?

Depends on the day of the week, I presume...