Tribunal victory for mum who said you CAN’T change your biological sex
A WOMAN who lost out on a job after saying people cannot change their biological sex was the victim of discrimination, an employment tribunal ruled yesterday.
Researcher Maya Forstater, 47, said that it is ‘totalitarian’ to insist trans women are women, adding that a man who ‘feels female’ is not the same as a woman.
JK Rowling, who has backed Miss Forstater during her three-year case and also faced criticism for her own comments on trans issues, said the decision was a victory for women.
The Harry Potter author tweeted: ‘ Every woman who’s been harassed, silenced, bullied or lost employment because of her gender-critical beliefs is freer and safer today, thanks to the warrior that is [Maya Forstater].’ Miss Forstater could be awarded compensation after the tribunal ruled she faced unfair discrimination and victimisation. Her complaints of harassment and indirect discrimination were dismissed.
The married mother of two launched legal action after the Centre for Global Development (CGD) decided not to renew her fellowship following a series of tweets in 2019.
The think-tank – which campaigns against poverty – said she had used ‘exclusionary and inflammatory’ language and made her colleagues feel ‘uncomfortable’. Miss Forstater had tweeted: ‘Smart people are tying themselves in knots to avoid saying the truth that men cannot change into women.
‘Some transgender people have cosmetic surgery. But most retain their birth genitals.
‘Everyone’s equality and safety should be protected, but women and girls lose out on privacy, safety and fairness if males are allowed into changing rooms, dormitories, prisons, sports teams.’
She also labelled a Credit Suisse executive who identifies as gender fluid a ‘part-time cross dresser’.
Miss Forstater lost an employment tribunal in 2019 but won on appeal when a High Court judge said the tribunal ‘erred in law’.
In a landmark ruling last year, the judge said her beliefs are protected by equality legislation.
Miss Forstater then took her case back to an employment tribunal, where a three-member panel said her complaints of discrimination and victimisation were ‘ well founded’. The panel will consider compensation at a future hearing.
She said she had struggled to find work but has since co-founded campaign group Sex Matters.
The tax expert added: ‘ My case matters for everyone who believes in the importance of truth and free speech. We are all free to believe whatever we wish. What we are not free to do is compel others to believe the same thing, to silence those who disagree with us or force others to deny reality.
‘Human beings cannot change sex. It is not hateful to say that; in fact it is important in order to treat everyone fairly and safely.
‘It shouldn’t take courage to say this, and no one should lose their job for doing so.’
Miss Forstater thanked Miss Rowling for ‘standing by me in the darkest of days’. She added: ‘This judgment is further evidence that the tide is turning.’
Amanda Glassman, CGD executive vice-president, said it was reviewing the judgment and considering next steps. She added that the think-tank had always aimed to ‘uphold our values’ and maintain an inclusive workplace.
‘Further evidence the tide is turning’