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https://twitter.com/MForstater/status/1402922169559044096

https://sex-matters.org/?p=12595

https://hiyamaya.net/?page_id=3905

(links to sex matters and Maya's site seem to be working now)

ETA Maya's statement on YouTube

https://www.youtube.com/watch?v=jOIKlg71LJc

ETA 2 the full ruling

https://assets.publishing.service.gov.uk/media/60c1cce1d3bf7f4bd9814e39/Maya_Forstater_v_CGD_Europe_and_others_UKEAT0105_20_JOJ.pdf

https://twitter.com/MForstater/status/1402922169559044096 https://sex-matters.org/?p=12595 https://hiyamaya.net/?page_id=3905 (links to sex matters and Maya's site seem to be working now) ETA Maya's statement on YouTube https://www.youtube.com/watch?v=jOIKlg71LJc ETA 2 the full ruling https://assets.publishing.service.gov.uk/media/60c1cce1d3bf7f4bd9814e39/Maya_Forstater_v_CGD_Europe_and_others_UKEAT0105_20_JOJ.pdf

36 comments

Here's some of the very best parts from the full ruling!!!

"The effect of a GRC, whilst broad as a matter of law, does not mean that a person who, like the Claimant, continues to believe that a trans woman with a GRC is still a man, is necessarily in breach of the GRA by doing so; the GRA does not compel a person to believe something that they do not, any more than the recognition by the State of Civil Partnerships can compel some persons of faith to believe that a marriage between anyone other than a man and a woman is acceptable. That is not to say, of course, that the Claimant can, as a result of her belief, disregard the GRC; clearly, she cannot do so in circumstances where the acquired gender is legally relevant, e.g. in a claim of sex discrimination or harassment. Referring to a trans person by their pre-GRC gender in any of the settings in which the EqA applies could amount to harassment related to one or more protected characteristics1; whether or not it does will depend, as in any claim of harassment, on a careful assessment of all relevant factors, including whether the conduct was unwanted, the perception of the trans person concerned and whether it is reasonable for the impugned conduct to have the effect of creating an intimidating, hostile, degrading, humiliating or offensive environment for the trans person.

"The second error was in imposing a requirement on the Claimant to refer to a trans woman as a woman to avoid harassment. In the absence of any reference to specific circumstances in which harassment might arise, this is, in effect, a blanket restriction on the Claimant’s right to freedom of expression insofar as they relate to her beliefs. However, that right applies to the expression of views that might “offend, shock or disturb”. The extent to which the State can impose restrictions on the exercise of that right is determined by the factors set out in Article 10(2), i.e. restrictions that are “prescribed by law and are necessary in a democratic society … for the protection of the reputation or rights of others…” It seems that the Tribunal’s justification for this blanket restriction was that the Claimant’s belief “necessarily harms the rights of others”. As discussed above, that is not correct: whilst the Claimant’s belief, and her expression of them by refusing to refer to a trans person by their preferred pronoun, or by refusing to accept that a person is of the acquired gender stated on a GRC, could amount to unlawful harassment in some circumstances, it would not always have that effect: see para 99 above. In our judgment, it is not open to the Tribunal to impose in effect a blanket restriction on a person not to express those views irrespective of those circumstances.

"[I]nstead of treating the Claimant’s lack of the gender identity belief as also qualifying for protection, the Tribunal treated the Claimant’s lack of that belief as necessarily equating to a positive belief that trans women are men (which the Tribunal considered to be a belief not worthy of protection). In our judgment, that approach was wrong. The fact that the Claimant did not share the gender identity belief is enough in itself to qualify for protection. If a person, A, is treated less favourably by her employer, B, because of A’s failure to profess support for B’s gender identity belief then that could amount to unlawful discrimination because of a lack of belief.

"Most fundamentally, the Claimant’s belief does not get anywhere near to approaching the kind of belief akin to Nazism or totalitarianism that would warrant the application of Article 17. That is reason enough on its own to find that Grainger V is satisfied. The Claimant’s belief might well be considered offensive and abhorrent to some, but the accepted evidence before the Tribunal was that she believed that it is not “incompatible to recognise that human beings cannot change sex whilst also protecting the human rights of people who identify as transgender”: see para 39.2 of the Judgment. That is not, on any view, a statement of a belief that seeks to destroy the rights of trans persons. It is a belief that might in some circumstances cause offence to trans persons, but the potential for offence cannot be a reason to exclude a belief from protection altogether.

" [A] widely shared belief demands particular care before it can be condemned as being not worthy of respect in a democratic society. 114. Second, the Claimant’s belief that sex is immutable and binary is, as the Tribunal itself correctly concluded, consistent with the law: see para 83. Where a belief or a major tenet of it appears to be in accordance with the law of the land, then it is all the more jarring that it should be declared as one not worthy of respect in a democratic society. Just as the legal recognition of Civil Partnerships does not negate the right of a person to believe that marriage should only apply to heterosexual couples, becoming the acquired gender “for all purposes” within the meaning of GRA does not negate a person’s right to believe, like the Claimant, that as a matter of biology a trans person is still their natal sex. Both beliefs may well be profoundly offensive and even distressing to many others, but they are beliefs that are and must be tolerated in a pluralist society. "