The fight for single-sex spaces continues
Sex Matters is disappointed that our application for permission for a judicial review of the City of London’s decision to allow men into the women’s bathing pond, and vice versa, has been refused.
This decision was solely on procedural grounds. The High Court did NOT find that the City of London Corporation’s self-ID policy was lawful.
The hearing concerned whether to allow a challenge to the City of London’s decision to keep its policy in place pending the results of a consultation and review. The court considered the decision to put up new posters departing from the original policy, and also, alternatively, whether the old policy could be challenged now.
It did not consider whether the policy itself was lawful. That has not been considered in any court.
Sex Matters CEO Maya Forstater said:
“The fight for women’s safety, privacy and dignity in single-sex spaces will continue. Just because this particular claim was ruled out on procedural grounds does not give any service provider the green light to allow trans-identifying males into female facilities.
“The City’s policy and its unwillingness to defend the lawfulness of that policy in court simply pushes the risk of harassment and the cost and difficulty of taking legal cases onto individual women and members of staff. This is deeply unjust.”
The City of London first made the decision to allow men into the women’s ponds and the women’s communal changing rooms and showers in 2017.
The High Court accepted the City of London’s argument that this decision was “out of time” for a legal challenge.
It decided that because a consultation was under way, the proper time to take a challenge would be after that consultation had been used to inform a new policy. It accepted the City of London’s argument that it had not yet reached a new decision about whether to change the policy to exclude men from these facilities or to continue to allow them in.
It also found that it is open to individuals who experience discrimination and harassment because of the current policy to bring discrimination claims in the county court.
Sex Matters is considering its legal options. We thank everyone who contributed to the case, both by donating and by sharing their stories in witness statements of what it means in practice when men are allowed into women’s showers and changing rooms.
Ban males in females only spaces. Females have the sex based right to privacy.
I was shocked to read about this judgement. Whilst disappointing, I realise this is not the end of the road and I know you will keep on fighting for single-sex spaces for women in this country. Thank you.