Why a complaint that trans women were in BC women’s transitional housing was tossed

A BC woman who alleged the Salvation Army discriminated against her because the charity allowed trans women to live on her floor in a transitional housing building has lost a legal challenge.

The woman, referred to as J in a recently published March 27 BC Human Rights Tribunal decision, argued the Salvation Army was obliged to provide her housing and services for cis women only.

However, the BC Human Rights Tribunal disagreed.

“J’s complaint is about her beliefs and speculation about trans women, and not actual adverse impacts she experienced while accessing Salvation Army housing and services,” the Tribunal said in the decision.

The Tribunal said that J’s “speculative beliefs” were not evidence that the inclusion of trans women in its transitional housing and services for women had an adverse impact on her.

The decision says J experienced domestic violence and has challenges dealing with men due to past trauma and has undiagnosed PTSD.

In 2020, she began living on the women’s floor of a transitional housing building run by the Salvation Army.

The charity said the woman’s floor was for individuals who “generally present physically and socially as female.”

J argued the Salvation Army’s recognition of trans women was a denial of “sexed bodies” and resulted in unsafe “unisex spaces” rather than “women only” spaces.

The housing was supposed to be for a maximum of two years as staff supported residents in finding more permanent housing.

When J’s two years were up, the Salvation Army extended her stay in concern for her well-being.

“(Staff) met with J to address her housing needs, but J was not willing to consider housing options that required her to be around trans women or cis men,” the decision reads.

In October 2022, J went to a yoga class, which was also attended by a trans woman.

“J left the class stating it had been changed to co-ed,” the decision stated.

She also continued to seek extensions of her stay, which the Salvation Army rejected, saying it had already extended J’s stay several times and there was a year-long waitlist for the building.

In January 2023, she moved out.

“In her complaint, J asserts that because she is a cis woman with PTSD, who experienced gender based violence in the past, she needs housing and services for cis women only,” the Tribunal said. “She alleges that the Salvation Army ignored these needs and contributed to her inability to secure safe housing and services.”

However, the Tribunal ruled she didn’t point to an actual adverse impact that she experienced while living there, or while attending the yoga class.

“The bulk of the rest of J’s materials are reiterations of her belief that trans women are not women. Other than repeating this belief, she has not supplied any evidence of an adverse impact she experienced at the Salvation Army,” the Tribunal ruled. “She alleges that the Salvation Army’s inclusion of trans women in its housing and services is ‘unsafe,’ but this allegation is based only on her belief and speculation.”

Ultimately, the Human Rights Tribunal dismissed J’s complaint.