In her first comments to a newspaper following the publication of the guideline that trans women could be legally excluded from places reserved for women, Baron Faulkner of Margravine said her organization had a duty to abide by the law regardless of “campaign groups or acquis” interests”. The chairman of the Equality and Human Rights Committee (EHRC) said he published a clarification of the law this week as there must be a “balance” between “competing” rights. “The law is clear that organizations can sometimes restrict access to their services to one gender,” said Lady Falkner. The EHRC has been threatened with legal action since its advice was published on Tuesday, and NHS bosses and other organizations have vowed to ignore the guidance. The news came amid growing attacks on the guard by transgender groups, including calls for his UN accreditation to be lifted. The attacks came under Stonewall’s leadership after the EHRC severed ties with the controversial charity.
“Seeking a balanced discussion with respect”
“We are not enacting the law, but it is our regulatory duty to uphold it, regardless of government, campaigns or established interests,” Lady Falkner told The Telegraph. At the time of the complaint to the UN, which has now been rejected, he said it was “ironic” that the EHRC had reportedly “pursued a balanced debate with respect, defending the rights of all”. The long-awaited guidance clarified the law surrounding the provision of places for individuals to have sex for businesses and organizations, such as sports clubs, women’s shelters and rape crisis centers. He cited examples where it is legal to exclude a man born from female services, including toilets, locker rooms, fitness classes and hospital wards. Both gender reassignment and gender reassignment are protected features under the 2010 Equality Act. Amid discussions about the impact of biological men competing in women’s sports and having access to places exclusively for women, the guidance said there were cases where trans people could be legally excluded. Lady Faulkner said that despite the “toxic tone”, in fact the British public has a sense of “fair play” about the debate and realizes that there is a need for “balance and careful consideration”.
