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Hampstead ponds trans policy challenged in High Court

Summarised from 2 outlets · Updated 4 Nov, 14:04 · Archive

Sex Matters charity is challenging the City of London Corporation's trans-inclusive policy at Hampstead Heath's swimming ponds.

The High Court heard arguments on Tuesday in a case brought by the charity Sex Matters against the City of London Corporation's policy allowing trans people to use Hampstead Heath's swimming ponds according to their gender identity. Under the policy confirmed in June, the Kenwood ladies' pond is open to transgender women whose biological sex is male, the Highgate men's pond is open to transgender men whose biological sex is female, and the mixed pond is open to all.

Sex Matters argues the policy violates the Equality Act 2010 and indirectly discriminates against women by allowing biologically male users access based on gender identity. The charity's lawyers told the court that the arrangement puts women at a "particular group disadvantage compared to men" because they face greater risk to their privacy, dignity and sense of safety being compromised.

The City of London Corporation is defending the challenge. It told the court there have been no substantiated incidents of inappropriate behaviour by a trans person since the policy began in 2017. The corporation argues that "there is nothing in the Equality Act 2010 that supports the contention that trans-inclusive arrangements are inherently and necessarily unlawful". The case follows a Supreme Court judgment last April that defined "woman" under the Equality Act as meaning biological woman.

Hampstead ponds trans policy challenged in High Court
Image: Evening Standard

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In this story: Sex Matters · City of London Corporation · Hampstead Heath · Kenwood ladies' pond · Highgate men's pond

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