Authentic Equity Alliance C.I.C., R (On the Application Of) v Commission for Equality And Human Rights [2021] EWHC 1623 (Admin) (06 May 2021)
Case number: CO/4116/2020
Cite as:
[2021] EWHC 1623 (Admin)
(5) The claimant has put forward a number of iterations of the alleged misstatement of the law, none of which is, in my judgment, arguable.
(9) The claimant's first proposition is, accordingly, unarguable.
(12) [...] The claimant's point in its Reply accordingly shows no arguable error of law.
(14) That is in my view an untenable view of the legislation. [...]
(28) For all these reasons I do not consider the claimant's case to be arguable and refuse permission to proceed on that ground.
Ann Sinnott as part of the Authentic Equity Alliance (AEA) and former director of the LGB Alliance, with Naomi Cunningham (part of The Legal Feminist) argued that all "single-sex services" met the requirement of a proportionate means to a legitimate aim by virtue of being a single-sex service.
This was rejected as being a fundamental misstatement of the law relating to the exemptions around trans individuals, which allows for discrimination under the proviso that "exclusion must be a proportionate means of achieving a legitimate aim".
This case makes it clear that this exemption should not be interpreted as a blanket ban of all trans individuals.
Added: 10 Apr, 2023