‘Gender critical’ views have legal protection, says equalities body

THE belief that trans women are men is protected by law, the equalities watchdog has confirmed.

The Equality and Human Rights Commission statement comes after a prominent legal case about trans rights concluded this week.

Maya Forstater lost her job in March 2019 after she was accused of publishing “offensive” tweets questioning government proposals to allow people to self-identify as the opposite sex.

Ms Forstater, who worked as a tax expert at the Centre for Global Development think tank, took her case to an employment tribunal in December 2019 on the grounds that her dismissal constituted discrimination against her “gender critical” beliefs. However, James Tayler, an employment judge, dismissed her claim saying her views were “absolutist in her view of sex”.

During her appeal hearing this week, held via video-link before Mr Justice Choudhury, Ms Forstater reiterated her views that biological sex was “real, important, immutable, and not to be conflated with gender identity”.

Ben Cooper QC, representing Ms Forstater, said it was “compelled speech” to use the correct pronouns for trans people, but the tribunal also heard that misgendering a trans person amounted to “hate speech” and “harassment”.

The Employment Appeal Tribunal’s verdict will have wide-reaching implications and determine whether it becomes legal for people with gender critical beliefs to misgender trans people in the workplace.

The EHRC submitted evidence supporting Ms Forstater in her bid to have her “gender critical” views established as a protected belief under the Equality Act – a move which came as a surprise to many.

In the wake of the hearing, a spokesman for the EHRC confirmed that “gender critical” beliefs were protected beliefs in law.

The spokesman added: “We believe it is important that our courts and tribunals continue to robustly protect freedom of religion or belief.”