Oh FFS. That letter....
We therefore ask the Charity Commission to take the following actions:
1. Issue immediate interim guidance or a regulatory alert advising charities not to rush to make changes to their inclusion policies until forthcoming legal judgments are delivered. In particular, where a charity has previously been trans-inclusive and wishes to remain so, the Commission should advise that they wait for legal clarity before taking any action to exclude trans service users or members.
Issue immediate guidance that the law stands, is what it has always been, that failure to meet this leaves them legally vulnerable, that the Supreme Court judgment will not be outweighed by lower level cases, and there is a legal duty to ensure that single sex provision is in fact single sex. This does not preclude alternative facilities for those who need them, merely the respecting of women's existing legal rights and equality to trans interests.
2. Expedite applications from charities with single-sex objects that wish to amend those objects to include all genders, to prevent harmful pauses or gaps in service provision. This would also be an appropriate moment to remind charities of the correct process for amending their objects.
Remind charities that where they turn all single sex provisions mixed sex in partisan response to the interests of men with trans identities, they may leave themselves open to legal challenges over discrimination against women on the protected characteristic of sex, and risk accidentally engaging in unwanted behaviours on the grounds of perceived but not actual rights based on gender identity (see the Darlington judgment). Navigating equalities will require both women needing single sex provision and men with gender identities being equally treated.
3. Encourage any charity threatened with legal action for including trans people to file a Serious Incident Report, enabling the Commission to better identify and track this emerging trend. We also ask that you consider what additional guidance or support these charities need in such circumstances, and that you publish annual reporting on this data—retrospectively if possible.
Suggest that the Charity Commission take note of the many threats of legal action plus much harassment carried out by activist groups on behalf of men with trans identities in the attempt to punish and destroy services that met the needs of women without submitting to the dominance of men's interests. And do a bit of sauce for the goose and gander here for obvious bloody reasons.
Remind charities threatened with legal action for breaking actual rather than imaginary/rumoured law involving discrimination against and harassment of women on behalf of trans activism that they are wide open to action and expensive outcomes.
4. Publicly clarify that the Charity Commission will not take regulatory action against charities with single-sex objects solely because they choose not to immediately exclude trans people. Misunderstandings on this point are already circulating in the public domain and require urgent correction.
Publicly clarify that the law is the law, and women's rights cannot be overturned in the interests of men with gender identities who refuse to tolerate charities or services with single sex objects. And confirm that this kind of attitude and behaviour is precisely why women require this protection in law, and why the SCJ was necessary to confirm it.
5. Remind charities that they are entitled to rely on their internal policies to support their position on trans inclusion, and that the Commission supports trustees’ autonomy and discretion in determining how best to serve their beneficiaries.
Remind charities that they are bound by law, and that participating in misogynist anti woman activism and oppression to further gender activism is not supported by the Commission or anyone else sane, and that such actions may lead to them trying to justify this in court and across the national dailies.