Pink News reports that the Girl Guides organisation, which had feared that recent court rulings would force them to abandon equality for trans people, has been able to investigate a legal challenge to British guidance under the auspices of the progressive legal group the Good Law Project.
The Good Law Project has offered to defend Girlguiding and similar organisations against legal challenges if they choose to reinstate trans-inclusive membership policies. This intervention follows Girlguiding's controversial decision in December to restrict membership applications for its Rainbow, Brownie, Guide, and Ranger groups on the basis of "biological sex".
At the time, the charity stated it had "no choice" but to reverse its inclusivity stance. It cited an April 2024 UK Supreme Court judgment which clarified that the definition of a woman in the 2010 Equality Act refers to biological sex only. This ruling has since been used by some 'gender-critical' groups to pressure organisations to exclude trans women from single-sex spaces.
In a statement last week, the Good Law Project labelled Girlguiding's claim of having no alternative as "outrageous". The legal campaign group asserted it is determined to support organisations facing legal attacks for being trans-inclusive. A spokesperson explained, "We think the law allows organisations to still remain inclusive, if they want to be. We’ve got independent legal advice telling us the same thing … but we know that just the threat of legal action is incredibly expensive for organisations – no matter what the law actually says."
The offer of legal support has also been extended to the Women’s Institute (WI), which similarly scrapped its inclusive policies around the same time as Girlguiding. The Good Law Project is urging supporters to contact both organisations to remind them that defence against potential litigation is available.
"Both organisations have done so much amazing work for women and girls – including those who are trans," the spokesperson added. "They are leaders in the sector. But this brilliant work is being threatened by transphobic campaigners who want to force exclusion."
Girlguiding's policy change prompted significant backlash from thousands of former and current members, who called on the charity to reaffirm its commitment to supporting all girls, both trans and cis. The charity's chief executive, David Holdworth, subsequently urged charities to exercise caution and avoid rushing changes to their inclusivity policies.
This advice was in response to an open letter from charity governance consultant Penny Wilson, who expressed deep concern that several organisations were being pressured into taking unnecessary action. This perspective was bolstered last month when the Charity Commission confirmed that the law does not force charities to exclude trans people from single-sex spaces or facilities.
