Scottish domestic abuse charity to exclude trans women

Edinburgh Women’s Aid said that while it recognised people hold “differing views” on sex and gender, it had decided as an organisation to set out “specific positions” on the issue with regard to its service provision and employment.

It means trans women or men identifying as non-binary will be unable to access its adult group support services or its shared refuge spaces, even if they hold a gender recognition certificate (GRC).

The changes also mean that the charity will no longer hire trans women or men who have transitioned to non-binary, including those with GRCs.

The significant development, announced on the charity’s website, puts it at odds with the nationwide umbrella body, Scottish Women’s Aid, which has long said that its services are “trans inclusive.”

The statement on the Edinburgh Women’s Aid website cites a number of exemptions under the Equality Act 2010 underpinning the decision to exclude members of the trans community.

It explained: “We recognise that there are differing views on sex and gender, which are protected by the Equality Act 2010. We also respect there is a broad range of beliefs on these topics within our staff, board and the women we support. We recognise the rights of women to hold and express differing beliefs in society. However, as an organisation we do hold specific positions in regard to our service provision and employment.

“In terms of our service provision, Edinburgh Women’s Aid applies schedule 3 (Part 7) of the Equality Act 2010, which contains a number of exceptions to the general provisions on non-discrimination, including that a trans person can be excluded from single sex services when it is a proportionate means of achieving a legitimate aim.

“Therefore, we lawfully exclude transgender women and males who have transitioned to non-binary (including those with a GRC) in our adult groupwork services and in our shared refuge spaces, including our 24-hr refuge.”

It added: “In terms of our employment, Edinburgh Women’s Aid applies Schedule 9 (Part 1) of the Equality Act 2010 to our recruitment process. This schedule allows discrimination on the basis of gender reassignment, and therefore we lawfully exclude transgender women and males who have transitioned to non-binary (including those with a GRC).”

The charity noted in the statement that “legal provisions can change,” and that it would regularly review its position and practice accordingly.

Susan Smith, co-director of For Women Scotland, described the statement as “beautifully clear and robust” and “a timely rebuke to those services that continue to pretend it is difficult to apply the law”.

She said: “We know that many more women working on the front line have been troubled by the betrayal of vulnerable women by the national Scottish Women’s Aid organisation, who do not provide services on the ground. Hopefully, this will inspire other centres to cut through the noise and say enough is enough.”

Lisa Mackenzie from policy think tank, Murray Blackburn Mackenzie, said questions had been repeatedly raised as to how far national umbrella organisations were “speaking for those who provide services on the ground, in supporting the Scottish Government's push for laws and policies based on gender self identification principles.”

She added: “The statement from Edinburgh Women’s Aid should give politicians further reason to reflect upon how easily they have accepted that a small number of individual women in central organisations are speaking for those providing services to women who have experienced male violence as a whole.”

The announcement by Edinburgh Women’s Aid, first reported in The Sunday Times, is the latest flashpoint in the long running row about the provision of services to trans clients by support organisations.

Last November, an employment tribunal ruled that a rape crisis centre in Edinburgh had to pay nearly £70,000 and publicly apologise to a worker constructively dismissed over her gender-critical beliefs.

The payment to Roz Adams from Edinburgh Rape Crisis Centre was nearly double the amount previously anticipated. The tribunal previously said that management at the centre, led by Mridul Wadhwa, the centre's then chief executive, and a trans woman, had conducted a “heresy hunt” against her.

According to the judgment, Ms Adams was subjected to an internal disciplinary process “reminiscent of the work of Franz Kafka” after she questioned rules about trans female counsellors working with female survivors of sexual abuse.

Judges at the Supreme Court are continuing to consider how women are defined in law, a ruling that could have a wide-ranging nationwide impact. For Women Scotland called for a judicial review of the Scottish Government's position that a gender recognition certificate changes a person's legal sex.

In a statement, the Scottish Government said: “The needs and safety of survivors of domestic abuse must be the utmost priority of support services. The Scottish Government cannot intervene in the operational running of Edinburgh Women’s Aid or any other charitable organisation.

“We expect all relevant organisations to comply with the requirements of the Equality Act 2010. As employers, organisations may need to consider the impact of other legislation, such as the requirements of the law on health and safety in workplaces.

“The Scottish Government strongly supports the separate and single sex exceptions in the Equality Act 2010, which can allow for trans people to be excluded when this is a proportionate means of achieving a legitimate aim. This is not in conflict with our support for trans rights.”