A recently published analysis on “lawfare”, where changes in organizational policy are attempted through legal action, has looked at cases related to the Equality Act since 2018. The key finding is that there has been a concerted attempt to sue trans-inclusive organisations into a position where they become trans exclusive – a pattern not seen in any other equalities strand, and one which indicates a substantially well-funded and organized campaign.
So organisations like the Girl Guides, the Quakers and, yes, the Liberal Democrats are threatened with court action or, in some cases, taken to court to be walloped over the head with “the Supreme Court ruling”. The expectation is clearly that a lot of organisations will fold before any court hearing because of the costs involved.
The lesson clearly being taught within the Liberal Democrats is that, if you want to change policy, don’t bother with the democratic processes and conference. Just engage a lawyer.
Having sat through a couple of planning inquiries and seen other legal advice, there are three things I’d like to point out. Firstly lawyers are like politicians – they are paid to present their case as compellingly as they can. Secondly the key word in “legal advice” is not “legal” but “advice”. Other opinions are often available, which is why disputes end up in court. Finally, any legal advice is highly dependent on the question that is asked. If the question is “how can we be trans inclusive” you are likely to get different answers to “how can we exclude trans people”.
The result this time is the chaos that our internal elections have been thrown into. The justification is keeping within the law. To which I would respond with another scenario.