Barrister at Outer Temple Chambers (outertemple.com); Chair of Sex Matters (sex-matters.org). Self-employed; views my own.
The power of this toxic ideology to corrupt our institutions is so shocking that sober, carefully documented accounts of its effects sound like wild conspiracy theories. In 2021, it took the Employment Appeal Tribunal in Forstater to correct a tribunal's erroneous ruling that sex realism ("gender critical belief") was not worthy of respect in a democratic society, and therefore beyond the protection of section 10 of the Equality Act. A question that seems to me to becoming pressing in 2024 is whether gender identity theory — with its insistence on coercing the speech of others, its often violent intolerance of dissent and its enthusiasm for pushing medical and surgical "transition" to vulnerable adolescents — can pass the test for protection under section 10. https://lnkd.in/ewrgdjDp
This judgment does not mean that the EAT has expressed any view on the merits of either side of the transgender debate and nothing in it should be regarded as so doing. This judgment does not mean that those with gender-critical beliefs can 'misgender' trans persons with impunity. The Claimant, like everyone else, will continue to be subject to the prohibitions on discrimination and harassment that apply to everyone else. Whether or not conduct in a given situation does amount to harassment or discrimination within the meaning of EqA will be for a tribunal to determine in a given case. This judgment does not mean that trans persons do not have the protections against discrimination and harassment conferred by the EqA. They do. Although the protected characteristic of gender reassignment under s.7, EgA would be likely to apply only to a proportion of trans persons, there are other protected characteristics that could potentially be relied upon in the face of such conduct.
Hi Naomi Cunningham, do you mean that we could see a case where an employer suggests that 'gender identity ideology' is not a belief that they should have to accommodate? Can you give an example of how this might come up in a workplace? On the grapevine I hear that HR directors (especially at big firms) are starting to pay attention to possible legal risks on the horizon...and, in some cases, realising that their Head of DEI is part of the problem(!)
It's an insidious ideology. I hope HR departments are indeed becoming aware of the risks of blindly following a Stonewall-esque line.
It's sad how far this ideology has reached. It should have been squashed once it started to effect teenage girls and they could have cared less. Great post!
I find someone declaring themselves to on the one hand be a woman and on the other to be a slut a really disturbing indictment on the way that this person views the female sex.
Very interesting...
Barrister at Outer Temple Chambers (outertemple.com); Chair of Sex Matters (sex-matters.org). Self-employed; views my own.
4moI'm now getting notifications on this post - which were suppressed when I first posted it, and the number of impressions stayed weirdly low for some days. I assume some kind of block on it has been removed, because normal service seems to have resumed.