A London council was forced to take down a transgender-affirming flag after it was accused of political bias and threatened with a High Court injunction.
Christian political candidate, Maureen Martin, accused Lewisham Council of breaching the Local Government Act by flying the politically partisan Progress Pride flag during an election from the roof of its Town Hall.
Supported by the Christian Legal Centre, the Christian Peoples’ Alliance candidate for Lewisham East, Maureen Martin, wrote to the council via her lawyers stating that if the flags were not removed, she would seek ‘injunctive relief in the High Court.’
Miss Martin is best-known for being part of an unprecedented legal case last year where, supported by the Christian Legal Centre, she won a significant pay-out after she was sacked by her employer, L&Q, for campaigning that marriage is between a man and a woman.
The flag, which was flown from the roof of the council’s HQ in Catford, south London, without planning permission, combines the six-colour rainbow flag with the transgender and the marginalised communities flags.
For a number of years public spaces have been dominated by rainbow Pride flag, but unlike the simple six-coloured flag, the Progress Pride flags require special permission.
The creator of the re-developed flag has described the additions as being “both deliberate and meaningful: The light blue is the traditional color for baby boys [and] pink is [traditionally] for girls, and the white in the middle is for those who are transitioning, those who feel they have a neutral gender or no gender, and those who are intersexed.”
Writing to the council, Miss Martin’s lawyers said that: “You will appreciate that the area of transgender rights is a highly contentious political issue in the United Kingdom. You will also be aware that the Equality Act 2010 does not protect gender as a protected characteristic.”
Citing legal precedent, the letter added that the highest courts in the UK have ruled that: “non-binary identities – which are promoted by the Progress Pride Flag – are neither recognised nor protected in UK law.”
The letter quoted from the Local Government Act 1986, that: “A local authority shall not publish, or arrange for the publication of, any material which, in whole or in part, appears to be designed to affect public support for a political party.”
Miss Martin’s lawyers said that by flying the flag, the council was giving support during an election to political parties: “who seek expanded rights for transexuals and associated identities.’
On behalf of Miss Martin, they make the point that the Christian People’s Alliance are campaigning to end the ‘socially divisive and wasteful promotion of LGBT ideology.”
Accusing Lewisham Council of therefore breaching the law, the lawyers are demanding that the: ‘Progress Pride Flags are immediately taken down from LLBC’s premises and assurances are given that during the pre-election period such flags will not be flown again and further that LLBC will not publicly support the ideological causes embodied by the flag including by taking part in public parades, demonstrations or providing financial support to any ideological campaigns contrary to the positions of the CPA.’
In response, council representatives said ‘to avoid any concern the flag is being taken down.’
Local authorities across the UK, however, for example in Reading and Bournemouth, continue to fly the Progress Pride Flag without planning permission.
Miss Martin said: “This year, especially in June, we were seeing councils and businesses displaying the Progress Pride flag, unlawfully and often without permission or proper consultation.
“The transgender ideology behind this flag has been proven to be harmful to hundreds of vulnerable children.
“It is unacceptable that Lewisham Council and other councils across the country have and are making such an extreme public and ideological statement on such contested issues, even during elections.
“Greater awareness must be urgently raised about what these flags stand for, and public authorities flying them must be brought to account.”
Andrea Williams, chief executive of the Christian Legal Centre, said: “These flags shouldn’t be dominating our town centres and neighbourhoods. They are intimidating and exclusionary towards Christians and others who don’t believe in Pride.”