A controversial trans group’s legal battle to get a gay rights charity struck off has been dismissed by judges.
Mermaids, a charity for transgender, nonbinary and gender diverse children and their families, had taken the unprecedented legal action to remove the LGB Alliance from the charity register, in the first case of its kind.
However, Judge Griffin and Judge Neville from the General Regulatory Chamber dismissed the appeal on Thursday to have the LGB Alliance removed from the register.
Mermaids, which itself is facing a Charity Commission investigation, had claimed the LGB alliance was a front for transphobia and political campaigning to prevent changes in the law and took both the charity and the watchdog to court.
The judges said that the law “does not permit Mermaids to challenge the decision made by the Charity Commission to register LGB Alliance as a charity”.
They said it was important to distinguish between the LGB Alliance and “the activities of those who simply support its cause” and added that the charity could “not be held responsible for the actions of a supporter” unless they had in some way organised, endorsed or actively encouraged any such behaviour.
The judgement noted that it was not the place of the tribunal or the Charity Commission to moderate public debate or beliefs.
Judges said that charities were entitled to hold different views, but could not expect to be free from criticism.
“However, there is no legal right to be free from criticism by those who disagree with you or to prevent those who hold beliefs that the law recognises as protected from expressing themselves or seeking to persuade others to their point of view,” they said.
However, the ruling added that applying the facts on a legal basis any impact emotionally or socially “is insufficient to provide them with standing to bring this appeal, no matter the depth of the feelings resulting from the Decision or the strength of their disagreement.”
Following the judgement, Kate Barker, Chief Executive Officer of LGB Alliance, said it was clear two years ago Mermaids had no right to challenge the decision and the tribunal had confirmed that.
“While this is a battle we did not seek, neither would we flee from it. But the cost to us and to our supporters has been huge.”
Read More: Trans group Mermaids loses bid to have gay rights charity shut down
