Single-sex charities play an important role in meeting the needs of one sex or the other in many areas, including healthcare, mental health, social issues, sport and education.
Although charities are a form of voluntary action, the state requires that charity trustees pursue the charity’s objects, including when those objects are limited to supporting just women or just men. The legal framework for charities exists to protect charities’ beneficiaries against charities being captured by interlopers or incompetents who divert the resources to some other purpose.
Charities can change their mission and their beneficiary group by changing their objects. The Scout Association, for example, allowed girls to join in 1976. This was undertaken through an open process of consultation and decision among members, and then agreed with the Charity Commission.
But in recent years some long-established charities set up for the benefit of women and girls, such as Girlguiding UK and the Women’s Institute, have simply reinterpreted the word “women” in their governing documents to claim that it includes men who identify as women. Other charities such as the Girls’ Day School Trust have stuck to their original mission and have not reinterpreted the words women and girls to include men and boys.
To date, the Equality and Human Rights Commission and the Charity Commission have not intervened either way, but have allowed charities to make their own choice. The EHRC said about Girlguiding in 2019:
... “We have written to @girlguiding about their website but not to say they are a mixed sex organisation. Like any membership organisation, the Equality Act allows Girl Guides UK to restrict membership on the basis of sex. We support their choice to have a trans inclusive policy.” ...
When the regulator takes this laissez-faire approach, trustees are left without the support they need to do their job and comply with the law. Does the law require women’s charities to accept men who identify as women as being part of their beneficiary group, while pretending that nothing has changed? Or, to the contrary, would that be a dereliction of their duty to focus on their purpose?
When some of a charity’s trustees think that the word “women” in its charitable objects means one thing, and some think it means another, what should happen?
Article continues (ie there is a lot more to this article than the opening paragraphs!) at https://sex-matters.org/posts/updates/charity-commission-must-protect-single-sex-charities/