A legal challenge has been brought before the high court concerning the City of London Corporation’s policies regarding access to single-sex swimming ponds on Hampstead Heath. The rights group Sex Matters argues that allowing transgender individuals to use facilities aligning with their gender identity is discriminatory and unlawful.
Policy Shift and Legal Challenge
The City of London Corporation currently permits people who identify as transgender, including those who are gender fluid or non-binary, to use the swimming ponds—for women, men, or mixed use—that correspond with their self-identified gender. This practice has been in place since at least 2019, following guidance from the Equality and Human Rights Commission (EHRC).
However, following a Supreme Court ruling in April defining the legal definition of a woman as based on biological sex, the City of London withdrew its previous gender identity policy. A new consultation process was launched, and temporary signage was erected in July indicating that the women’s pond is open to women and those who identify as women, and the men’s pond to men and those who identify as trans men.
Arguments Presented in Court
Sex Matters contends that this interim policy, based on self-identification, violates equality legislation. The group’s legal counsel, Tom Cross KC, highlighted the communal nature of the women’s pond changing rooms, including shared showers with full nudity, and argued that the current rules treat women “less favourably than men” by potentially compromising their privacy, dignity, and safety.
Daniel Stilitz KC, representing the City of London, countered that the legal action is premature, characterizing it as “busybodying” given the ongoing consultation. He also pointed out that segregating facilities based on biological sex could itself be discriminatory towards transgender individuals, raising concerns about “gender reassignment discrimination.”
What Happens Next
Mrs Justice Lieven will rule in January on whether Sex Matters will be granted permission to pursue a full hearing to appeal the City of London’s policy. If permission is granted, a more comprehensive legal review will follow. If denied, the City of London is expected to publish its new policy in March, based on the results of the public consultation, which are due in January.
Frequently Asked Questions
What is Sex Matters’ primary argument?
Sex Matters argues that the City of London’s policy of allowing individuals to use single-sex facilities based on self-identified gender is discriminatory and unlawful, potentially compromising the privacy and safety of women.
What is the City of London’s response to the legal challenge?
The City of London argues that the legal action is premature, as it is currently conducting a public consultation to determine future admission policies for the ponds. It also contends that segregating facilities based on biological sex could be discriminatory to transgender individuals.
When is a decision expected regarding the legal challenge?
Mrs Justice Lieven is expected to rule in January on whether Sex Matters will be allowed to proceed with a full hearing to appeal the City of London’s policy.
As policies surrounding single-sex spaces continue to be debated and redefined, how might these evolving legal interpretations impact the broader conversation about inclusivity and individual rights?
