New EHRC chair tells trans people to ‘judge me on what I do’ following criticism

The Equality and Human Rights Commission’s (EHRC’s) new chair has asked trans people to “judge me on what I do” after receiving criticism.

Dr May-Ann Stephenson insisted she was intent on upholding the “rights of everybody across all protected characteristics” in her first interview since replacing Baroness Kishwer Falkner in December.

Following the government’s confirmation of Stephenson appointment in July, the former director of the Women’s Budget Group faced criticism from various groups for her past engagement with so-called ‘gender-critical’ activists.

In 2022, Dr Stephenson donated to LGB Alliance founder Allison Bailey’s legal fund after she sued Stonewall and Garden Court Chambers, claiming she had been discriminated against for her views on trans people.

She also faced criticism for signing two open letters in 2017 and 2018: The former linked the actions of “transgender activists” to an attack on a women’s rights campaigner, and the latter stated that those opposed to reforming the Gender Recognition Act – something that would have made it easier for trans people to have their gender identity legally recognised – should be protected from “harassment and intimidation.”

Several LGBTQ+ rights groups and non-profits, including Stonewall, Galop, and TransActual, signed an open letter objecting Dr Stephenson’s appointment, saying that, while they recognised her “impressive track record” in equality law, her previous actions are “at odds with inclusivity for all.”

Questioned on her record by the PA news agency, Dr Stephenson claimed the open letters had been “really widely mischaracterised as kind of anti-trans letters”, arguing that they instead fell in line with her commitment to “protecting and upholding human rights.”

Asked what she would say to someone with concerns that she had taken a side on the issue, she said: “I was concerned about women who had been harassed or sometimes lost their jobs for the expression of legally protected views at a point when there was a public debate about changing legislation.

“I would say, you know, judge me on what I do. I am really keen, I think it’s really important for the chair of the EHRC to uphold the rights of everybody across all protected characteristics.”

New EHRC chair insists code does not discriminate based on ‘looks’

Dr Stephenson’s comments come as the government continues to consider whether to implement the EHRC’s code of practice on single-sex services in the wake of the April Supreme Court ruling on the Equality Act’s definition of biological sex.

Leaks shared by The Times in November suggest the unpublished draft code, which if implemented by equalities minister Bridget Philipson, would become law, could ban members of the public from gendered bathrooms based on how they look.

Addressing the leaks, Dr Stephenson denied that the code, which was drafted under her predecessor, is a “licence to discriminate based on looks.”

She added that it was “important to make sure that there are services provided for people who can’t or don’t want to use the services for their biological sex. It is about recognising that everybody has rights in this situation, but where you are providing single-sex services, the Supreme Court has said those have to be on the basis of biological sex.”

The EHRC chair accepted that more work needed to be done to “build a relationship” between the regulator and LGBTQ+ rights groups, particularly when it comes to acknowledging gendered service provision.

“I think it’s really important when we’re looking at this issue around single-sex spaces, to make sure that you also protect the rights of trans people,” she said.