New EHRC Chair Faces Criticism from Transgender Groups Over Past Comments

Key Takeaways

  • Dr. Mary-Ann Stephenson, the new chair of the Equality and Human Rights Commission (EHRC), has asked campaigners to "judge me on what I do" despite concerns about her appointment.
  • Stephenson has pledged to "uphold the rights of everybody across all protected characteristics" and has argued that her previous statements were mischaracterized as anti-trans.
  • The EHRC is currently awaiting government approval on formal guidance for public bodies and businesses on how to respond to the supreme court ruling on biological sex.
  • Stephenson has stated that she believes the draft guidance is "legally sound" and that the EHRC is willing to provide evidence to support it.
  • The new chair has acknowledged the need to build a relationship with the LGBTQ+ sector and has emphasized the importance of protecting the rights of trans people.

Introduction to the New Chair
The new chair of the Equality and Human Rights Commission, Dr. Mary-Ann Stephenson, has faced criticism and controversy since her appointment was announced. Despite this, she has asked campaigners who raised doubts about her appointment to "judge me on what I do". In one of her first media interviews since taking on the role, Stephenson pledged to "uphold the rights of everybody across all protected characteristics". This statement is particularly significant given the concerns that have been raised about her previous statements and actions, which some have characterized as anti-trans.

Addressing Concerns and Criticisms
Stephenson has argued that her previous statements, including open letters she signed opposing censorship on campus and violence against campaigners, were "really widely mischaracterized as kind of anti-trans letters". Instead, she claims that these statements were in line with her "lifelong commitment to protecting and upholding human rights, including the right to freedom of expression and freedom of association and basic democratic rights". However, some have questioned her commitment to upholding the rights of all individuals, particularly given her donation to the 2022 campaign of barrister Allison Bailey, who was found to have been unlawfully discriminated against by her chambers for her gender-critical views. Stephenson has stated that she was concerned about women who had been harassed or lost their jobs for expressing legally protected views, and that she believes it is essential to protect the rights of all individuals, including those who hold gender-critical views.

Building Relationships and Protecting Rights
Stephenson has acknowledged that she needs to build a relationship with the LGBTQ+ sector in her new role and has emphasized the importance of protecting the rights of trans people. She has stated that when considering the issue of single-sex spaces, it is essential to ensure that the rights of trans people are protected. This is a critical issue, given the controversy surrounding the EHRC’s draft guidance on single-sex spaces, which some have characterized as a "licence to discriminate based on looks". Stephenson has rejected this characterization, stating that her starting point is to ensure that everyone has access to the services they need, and that services should be provided for people who cannot or do not want to use services based on their biological sex.

The Challenge of Single-Sex Spaces
The issue of single-sex spaces is a complex and contentious one, and the EHRC’s draft guidance has been the subject of significant debate and controversy. The guidance, which was submitted to the government for approval in September, has been criticized by some for its potential impact on trans individuals. Stephenson has stated that she believes the draft guidance is "legally sound" and that the EHRC is willing to provide evidence to support it. However, she has also emphasized the importance of ensuring that everyone has access to the services they need, and that services should be provided for people who cannot or do not want to use services based on their biological sex. The UK government has stated that it will take as much time as necessary to "get right" the new rules on access to single-sex spaces, and it remains to be seen how the final guidance will be received by the LGBTQ+ community and other stakeholders.

The Road Ahead
As the new chair of the EHRC, Stephenson faces significant challenges in her new role, particularly with regards to the issue of single-sex spaces. She has pledged to uphold the rights of all individuals, including those who hold gender-critical views, and has emphasized the importance of protecting the rights of trans people. However, she will need to navigate the complex and contentious landscape of LGBTQ+ rights, and work to build trust with the LGBTQ+ sector and other stakeholders. Ultimately, the success of her tenure will depend on her ability to balance the competing demands and interests of different groups, and to ensure that the rights of all individuals are protected and upheld.

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