Stonewall gets much of its money from its Diversity Champions Programme. It helps more than 800 employers ensure that all LGBT staff have “Acceptance without Exception”. A transphobe, who attempts to foment fear and anger against trans women, is seeking to take away this source of funding for Britain’s leading LGB charity, even though she is lesbian and claims to support the rights of lesbians. However, she uses extreme right slogans in her campaigning.
Allison Bailey is a barrister with Garden Court Chambers. Their first statement on their About page is “We are committed to fighting injustice, defending human rights and upholding the rule of law”. They are part of the Diversity Champions programme. Last year, Bailey took part in setting up LGB All Liars, a group committed to fighting against trans rights. According to Bailey, Stonewall complained about her because of her links with All Liars, and the chambers investigated her. So she is suing them. Her claim is that they investigated her because of her “gender critical beliefs”, and because she claims more women than men hold such beliefs, this is indirect discrimination.
Transphobia whited out. Select text to view. “This was an attempt by Stonewall to intimidate and silence me and others critical of what we see as its malign influence in British life”- “malign” because it supports trans people- and she claims that she “criti[ises] and investigat[es] notions of gender identity that are in conflict with, and doing harm to, the interests, safety and rights of women, children and LGB people”. I got those quotes from a screed claiming martyrdom for her anti-trans campaigning.
Indirect discrimination is justified if it is “a proportionate means of achieving a legitimate aim”. The claim is worthless. Maya Forstater’s similar claim, heard in the Employment Tribunal in January, failed- or else we would have heard the result by now. The legitimate aim is promoting trans rights, and it is proportionate to complain about and investigate an anti-trans campaigner in order to do that. Such an extremist in chambers might make LGBT people less willing to use the chambers. In her statement she does not claim any action was taken against her beyond the investigation of complaints, and she is still a member of the chambers.
However, litigation such as this might make employers less willing to enter the Diversity Champions programme, choking off a main source of income for this LGB charity.
Extreme right slogans: the headline for her screed is “I am suing Stonewall to stop them policing free speech”. “Policing free speech” is meaningless. You are not free to shout “fire” in a crowded theatre. I am embarrassed to quote that, it is so well known. “Free speech” is never licence to escape consequences: if you preach hate, people will condemn you. The extreme right: I mean this attack on higher education.
Bailey’s crowdfunder reached £60,000 within three days, despite being suspended by CrowdJustice because of serious complaints. It is now closed to further donations.
Bailey has also challenged the Equal Treatment Bench Book, guidance for judges which says that trans women should be treated as women. She wants trans women not to have a fair trial, because the trans woman would be fighting prejudice as well as assessing the evidence. Defendants, innocent until proven guilty, should not have to face that. Most people would not have been able to withstand the level of discrimination that Ms. Oger faced during the Tribunal’s hearing. They should not have to, said a female judge who does not share Bailey’s prejudice.
The threat to free speech comes from Bailey. Another quote many will be familiar with:
“When I use a word,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean—neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,” said Humpty Dumpty, “which is to be master—that’s all.”
Bailey writes, “I have always been an advocate for transgender rights. I believe passionately that transgender people must enjoy protection under the law from discrimination and abuse.” She means, our human rights apart from the ones that let trans women share women’s space. That’s not what international or British human rights lawyers mean by our human rights. Bailey is lying, by twisting the ordinary meaning of words.
It does LGB rights no good to defund Stonewall. Bailey’s hatred of trans women means she is doing LGB folk lasting harm.