Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Feminism: Sex and gender discussions

is this legal

258 replies

javyd · 15/06/2025 19:30

is it legal for the RSPB to advertise this women only walk and then say it’s for anyone who identifies as a woman or anyone who is non binary? So basically a mixed sex walk:

https://events.rspb.org.uk/events/96479?fbclid=IwQ0xDSwK78EFleHRuA2FlbQIxMQABHuuR3UtdrATGnTTt5ySxJ2WYamEz4NDR_kaGslT5fzD6KXb0R73aBSl4iXxp_aem_Tl1LwIsISF5qJxKMiI80Bg

OP posts:
ToKittyornottoKitty · 15/06/2025 20:29

BuckaDuck · 15/06/2025 20:23

The OP later clarified that posting in chat was actually a good thing as maybe there would be a wider audience.

On reflection it seems it could be illegal given the points others have made which is that some males are excluded but not all so isn't that discrimination?

Not sure if it is or not. I think removing the women only bit makes sense. But the rest of it isn’t really harming anyone, there are plenty of great opportunities for men to do what they want in this life. I can’t see many being too harmed by not being allowed to attend this type of walk. They are just a charity trying to engage people in wildlife at the end of the day, we don’t need to tear their plans apart.

javyd · 15/06/2025 20:30

Leafstamp · 15/06/2025 19:54

It’s not a criminal matter so the police won’t do anything.

But it is unlawful and I would send a formal complaint to RSPB.

I will also start a thread on the feminism board on your behalf and ask some women to write.

thank you so much for doing that. I’ll join you all in 90 days!

OP posts:
TheOtherRaven · 15/06/2025 20:30

The harm is in calling it 'women only', you're right. But that is harm. Without definite clarity about the term, the legal protections of all women, homosexual people and of women with trans identities are unworkable and lost, and that's pretty disastrous.

It's very easy to go awww bless what's the harm without seeing why this is important in the bigger picture. Change calling it women only, and it's fine.

BuckaDuck · 15/06/2025 20:31

Its the woman only bit that's the problem.
Had they organised a walk open to all I don't think anyone would care.
Its the fact they use "woman only" as the carrot then later slip in that actually males but only certain males are also welcome.

Coatsoff42 · 15/06/2025 20:33

ToKittyornottoKitty · 15/06/2025 20:29

Not sure if it is or not. I think removing the women only bit makes sense. But the rest of it isn’t really harming anyone, there are plenty of great opportunities for men to do what they want in this life. I can’t see many being too harmed by not being allowed to attend this type of walk. They are just a charity trying to engage people in wildlife at the end of the day, we don’t need to tear their plans apart.

I think a women only walk is a great idea. I know older widowed women who would be much more likely to go on this event. I think it encourages more involvement from solo women.
It’s a great idea of the RSPB, they just have to make it actually women only.

LizzieSiddal · 15/06/2025 20:35

They are breaking the law because it is advertised as Women only and lead by a woman volunteer. And it is not because they then state that men can turn up.

To comply with the law they need to change the description of the event to Mixed Sex or not allow men to attend. Simple.

ToKittyornottoKitty · 15/06/2025 20:37

Coatsoff42 · 15/06/2025 20:33

I think a women only walk is a great idea. I know older widowed women who would be much more likely to go on this event. I think it encourages more involvement from solo women.
It’s a great idea of the RSPB, they just have to make it actually women only.

It does seem like that would be the best way. Then any female people who are non binary can still go, but all men stay out. Wether they do that or just remove the ‘women only’ bit hopefully they will use the complaints they get as a learning experience. I think it’s most likely that they’ve tried to be inclusive and just missed the mark rather than intending to cause harm or act illegally.

cryptide · 15/06/2025 20:38

LizzieSiddal · 15/06/2025 20:35

They are breaking the law because it is advertised as Women only and lead by a woman volunteer. And it is not because they then state that men can turn up.

To comply with the law they need to change the description of the event to Mixed Sex or not allow men to attend. Simple.

But the advertisement makes it clear what it means by this. They are not breaking any law.

cryptide · 15/06/2025 20:40

PennyAnnLane · 15/06/2025 20:28

It discriminates against men without the protected characteristic of gender reassignment without a legitimate or proportionate reason so yes, it is discrimination under the equality act.

How do you know they don't have a legitimate or proportionate reason?

TheOtherRaven · 15/06/2025 20:40

cryptide · 15/06/2025 20:38

But the advertisement makes it clear what it means by this. They are not breaking any law.

Yes, they are. You can't make up your own meanings while trying to use legal discrimination.

BuckaDuck · 15/06/2025 20:41

cryptide · 15/06/2025 20:38

But the advertisement makes it clear what it means by this. They are not breaking any law.

That's not how it works.

Its contradicting & misleading.
Why say it's a womans only event when it isn't?

Leafstamp · 15/06/2025 20:42

cryptide · 15/06/2025 20:38

But the advertisement makes it clear what it means by this. They are not breaking any law.

Just because they are describe the event with a degree of accuracy does not make it lawful . It is unlawful under the Equality Act.

Swiftly98693 · 15/06/2025 20:43

cryptide · 15/06/2025 20:38

But the advertisement makes it clear what it means by this. They are not breaking any law.

Whether something is lawful or not is not dependent on whether the advert is clear enough. Something can be extremely clear but still be unlawfully discriminating- here some men are excluded on the basis of their sex and it’s my understanding that this is unlawful. It would only be lawful if they could rely on the single sex exemption meaning all men are excluded and they can’t here as some men (provided they identify as women) are permitted to go

Leafstamp · 15/06/2025 20:44

cryptide · 15/06/2025 20:40

How do you know they don't have a legitimate or proportionate reason?

On the face of it this event is for women and for men with the protected characteristic of gender reassignment. Organisations and spaces are not allowed to do this. It's an AND test, not an OR test.

So you can have an event for people who women AND are Muslim, but you cannot have an event for people who are either women OR Muslim.

Anzena · 15/06/2025 20:45

It is clearly not a women only event. They are trying to be inclusive but have not reached full speed on the SC clarification. I suppose their response might be that they like many other organisations etc. are awaiting EHRC final guidance.

It's still not a women only event as advertised though. I wouldn't go myself on that basis.

PennyAnnLane · 15/06/2025 20:47

cryptide · 15/06/2025 20:40

How do you know they don't have a legitimate or proportionate reason?

What possible legitimate or proportionate reason could they have for excluding men without the protected characteristic of gender reassignment and including those with that protected characteristic? If it was a walk for just trans people then that would be legal, or just women, that would be legal, but the two categories have no common protected characteristic so it is discriminatory to those who are excluded.

Helleofabore · 15/06/2025 20:48

ToKittyornottoKitty · 15/06/2025 19:44

Then very clearly says ‘These events are welcoming of any adults who identify as women. We also welcome non-binary individuals who feel comfortable in a women’s only space to these sessions’

And then explains it again. You are deluded if you think this is illegal

Under the latest clarification of the EA 2010 by the Supreme Court, because they have said it is for women, any male person who was excluded could take them to court and would win. You might have missed this.

Them just explaining this on the website is meaningless to the law. They would currently lose a case brought to court by a male who was excluded because they have stated that some male people are welcome. if they welcome some male people, they have to allow all male people. Not just those with particular gender identity beliefs.

LizzieSiddal · 15/06/2025 20:52

cryptide · 15/06/2025 20:38

But the advertisement makes it clear what it means by this. They are not breaking any law.

That’s not how Law works.

It would be like a Rape crisis centre saying it is a women only session, then saying anyone can turn up. The Supreme Court ruled that is not lawful. “Women only” means those born female, you cannot then include men.

Helleofabore · 15/06/2025 20:53

Luckily for us, Akua Reindorf KC has clarified a point that has been repeatedly doubled down on within this thread.

Starts between 34-35 minutes in, but the entire session is good with Naomi Cunningham, Akua Reindorf, Ben Cooper and Sarah Vine.

Either way this is the transcript that I tidied up, although there could be typos.
This is the bit about associations and whether there can be an association with women and males who identify as female.

"But everybody has to have ALL the protected characteristics in question."

And then

"What you can’t have is a group for people with two separate [protected characteristics] …where some people have one protected characteristic and others have a different one".

"Because then let's say you have a group for lesbians or women and men who identify as women, trans women, it's not a… it doesn't satisfy the condition of being a single sex association. A single protected characteristic association for women because not everybody is a woman. It doesn't satisfy the condition for being um a single characteristic association for people who have the protected characteristic of gender reassignment because not everybody has that protected characteristic ."

"So you can't have that kind of an association. So you can't have a so-called trans-inclusive association. I mean as Maya says, you can always have two associations that join up and do things together. There are ways around it. But fundamentally, what we have started to call sumptions law is wrong both for services and for associations. um "

"Of course, if it was possible to have a self ID service or association, For Women Scotland simply would not have won the case. Because this is what the Scottish government wanted to do. They wanted to have transidentified males in a quota for women."

I think I will listen to Akua Reindorf KC on this. She kind of has specific experience and relevance in getting the interpretation of the law clear. You know, being part of the EHRC and all.

Zov · 15/06/2025 20:57

The OP has asked on CHAT (where this thread was started,) for someone to let everyone on here know that she can't post on this thread anymore. It's been moved to this board, and as she's not been a member of MN for more than 90 days, she can't post on it now it's been moved. (Well not for about 90 days!)

Here's her thread on Chat letting people know she isn't ignoring them, she just can't post now the thread has been moved here.. Smile

https://www.mumsnet.com/talk/chat/5355529-rspb-post-moved-and-now-i-cant-comment-on-it?reply=145023273

RSPB post. Moved and now I can’t comment on it! | Mumsnet

I said I was fine with it staying in Chat, but Mumsnet have moved it to the feminism sex and gender forum and I can’t post on it as haven’t been a mem...

https://www.mumsnet.com/talk/_chat/5355529-rspb-post-moved-and-now-i-cant-comment-on-it?reply=145023273

Helleofabore · 15/06/2025 20:58

cryptide · 15/06/2025 20:40

How do you know they don't have a legitimate or proportionate reason?

Posters are giving you the correct information. They cannot say this is a 'women's' event and allow a specific group of male person to attend without allowing ALL male people to attend. But then they could not describe it in any case as a 'women's' event if any male person can attend.

Only female people under the EA 2010. It doesn't matter at all what they say in their promotional material or terms and conditions. This is the law that they must abide by.

DuesToTheDirt · 15/06/2025 21:12

cryptide · 15/06/2025 20:38

But the advertisement makes it clear what it means by this. They are not breaking any law.

They are breaking the law though. If it is advertised as women-only it cannot include any men. The Supreme Court decision is very clear on this. Giving a clear description of the men you want to include, whether that be "men who identify as women" or "men with blue eyes" makes absolutely no difference.

lemonraspberry · 15/06/2025 21:13

Got to admit I am at a bit of a loss to understand why a 2 hour bird spotting walk has to be classed as single sex (e.g. women only) to begin with. So much easier if they just said adults only & no dogs.

SnakesAndArrows · 15/06/2025 21:14

lemonraspberry · 15/06/2025 21:13

Got to admit I am at a bit of a loss to understand why a 2 hour bird spotting walk has to be classed as single sex (e.g. women only) to begin with. So much easier if they just said adults only & no dogs.

Can you really not imagine why some women will not attend an event that is also attended by men?

Talkinpeace · 15/06/2025 21:15

lemonraspberry · 15/06/2025 21:13

Got to admit I am at a bit of a loss to understand why a 2 hour bird spotting walk has to be classed as single sex (e.g. women only) to begin with. So much easier if they just said adults only & no dogs.

Because some women want to walk around without mansplaining ?

Because some women want to walk around without feeling like its a singles club ?

Because some women are scared of men and want a break ?