Formal complaint to the ASA made (link to their complaints page above)
LGBT Foundation is encouraging people to sign a pledge stating: This is What a Woman looks Like.
They include (pictorially and in text) trans women amongst a list of types of women. The April 16th Supreme Court Judgement confirmed that the legal definition of a woman is based on biological sex, and that therefore a Trans Woman is legally a man. Equally a Trans Man is legally a woman.
In including trans women, and excluding trans men in their examples of women, the LGBT Foundation is misleading the public with inaccurate photography and text descriptions. It discriminates against Trans Men (who are legally female / women) as their pledge based on 'This is what a woman looks like' excludes them. It discriminates against women, by including men in both the photography and the text (trans women - confirmed by the Supreme Court to be biologically men).
It is deceiving the public into believing that they are fighting to protect and support women, when the LGBT Foundation is a) including men, and b) prioritising men over women with their 'Pledge to protect trans and non-binary people' (but only including trans women (men) in their definitions). Anyone signing up to this pledge is actually pledging something very different to how it is being portrayed and this is deceptive.
Trans Men (who are legally women) are excluded from those being promoted / protected / supported, whereas Trans Women (legally men) are being included, as the premise of their campaign is to be women only this is sex discrimination under the Equality Act:
- it doesn't include all women
- it doesn't include all men
As is clear from the Supreme Court Judgement if there is exclusion based on protected characteristics (e.g. focusing only on women) which is an acceptable approach, it is not acceptable where there are partial uses of protected characteristics, or several protected characteristics unless all are included - so this is in breach of the Equality Act.
^It should be noted that this promotional material (photography and text) is current on bill boards / their website / social media- the uploaded copy is from the page of their website. It is also archived here: archive.is/Dwmla^