Please or to access all these features

Feminism: Sex and gender discussions

Now that gender critical beliefs are a protected philosophical belief

119 replies

SecondGentleman · 10/06/2021 18:20

The Equality Act applies across many different areas, not just employment law. Service providers, unions, political parties – all have to comply.

Let’s have a list of the ways in which gender critical women have been treated that are now unlawful. I’ll go first:

  • Venue owners who cancel bookings from gender critical groups are now legally the same as Pontins when they cancelled a load of bookings from presumed Travellers.

  • The Labour CLPs that threw out women for having gender critical views are now legally the same as the Labour CLPs that refused to process applications from Jewish people.

  • Cafes that display signs saying “No TERFS” are now legally the same as cafes that display signs saying “No blacks, dogs or Irish”.

OP posts:
thepuredrop · 10/06/2021 22:35

But I’m also really interested in the judge’s comment re pc of gender reassignment only being applicable to a proportion of trans people.
Does he mean applicable only to those who are ‘indistinguishable’, or have a GRC? (which is in opposition to EHRC and judge in Ann Sinnott’s case).
Or, could he mean not applicable to non-binary people? Maya’s accidental misgendering of the non-binary Gregor Murray was used as evidence of manifestation of belief in her original tribunal. This would not concord with the Land Rover ruling, I believe.
I find it really interesting, hope there’s some legal discussion on it.

SecondGentleman · 10/06/2021 22:33

@PumpkinSpiceWoman

Except none of that is true. Ms Forstater has won the right to a new tribunal. Full stop.
And the new tribunal will be bound to apply the ruling of the higher court (ie, the EAT) in today's ruling. So her new tribunal will proceed on the basis that she has a protected philosophical belief. As that is now the law.
OP posts:
ScreamingMeMe · 10/06/2021 22:31

@CatherinaJTV

You can hold GC views, but you cannot go round and misgender trans colleagues or disrespect them in other ways that go against dignity and respect in the workplace
WE KNOW.
SecondGentleman · 10/06/2021 22:25

[quote FifteenToes]@SecondGentleman

The Labour CLPs that threw out women for having gender critical views are now legally the same as the Labour CLPs that refused to process applications from Jewish people.

Sorry for the OT tangent but I have to ask: Do you seriously believe that Labour CLPs refused to process applications from jewish people?[/quote]
@FifteenToes This was one of the specific allegations of anti-Semitism that was submitted to the EHRC. It was the South Tottenham CLP. They refused membership applications from ultra-Orthodox Jews without home visits (not a requirement for anyone else).

OP posts:
thepuredrop · 10/06/2021 22:24

I don’t think correctly referring to someone’s sex, is harassment or undignified. Pronouns are not slurs.
At work, I wouldn’t argue with/correct a colleague who was trans about their preferred pronouns. I wouldn’t argue with/correct other colleagues who used preferred pronouns. I reserve the right not to use them, and not be argued with/corrected in return. No-one is being compelled with regard to their speech, to express a belief they do not hold.
I believe this was the outcome of the bakers in NI re the message on a wedding cake. But, I think there needs to be more guidance.

PronounssheRa · 10/06/2021 22:22

That was about the time that the leadership candidates almost all signed that horrible pledge to throw GC people out of the party.

That pledge, and the MPs who signed it promoted discrimination of people with a protected belief. Labour will need to get a grip on the abuse and discrimination within the party or they will face another EHRC investigation

vivariumvivariumsvivaria · 10/06/2021 22:15

I'd also like Lang back.

And the rest.

GiantToadstool · 10/06/2021 22:14

I'm hoping it will help the case the Guiders are bringing against guides...

Pan2 · 10/06/2021 22:11

Thanks Catherina, but none of those things had anything to do with it.

DeRigueurMortis · 10/06/2021 22:10

@CatherinaJTV

You can hold GC views, but you cannot go round and misgender trans colleagues or disrespect them in other ways that go against dignity and respect in the workplace

And again the same in reverse.....

EmbarrassingAdmissions · 10/06/2021 22:09

@CatherinaJTV

You can hold GC views, but you cannot go round and misgender trans colleagues or disrespect them in other ways that go against dignity and respect in the workplace
And I would hope that, as per Peter Daley, organisations grasp that you can not go round reporting, disrespecting, suspending, or firing people who hold that sex is immutable.

For employers and similar organisations, the approach to equality and diversity training as relevant to sex and gender issues must never be a box ticking exercise. Such an approach – for example solely by an adoption of Gender Theory principles and training – is not only inadequate, it is a significant legal risk. A workforce which receives training on only one theory of sex and gender, and which eschews any alternative, is a workforce in which discrimination is more likely to occur.
…
Similarly, policies which demand a positive adoption of tenets of Gender Theory - such as directing the mandatory insertion of pronouns in email footers – are not the tool of inclusivity that they may have been presented or even intended: such practices may exclude those with protected Gender Critical beliefs (quite apart from the fact that they may necessitate the outing of trans people who have no desire to be outed). They may be evidence of the hostile environment described at s.26(1)(b) Equality Act 2010, providing support to claims of unlawful harassment, or otherwise demonstrate direct or indirect discrimination.
www.linkedin.com/pulse/forstater-judgment-what-next-peter-daly?

CatherinaJTV · 10/06/2021 22:03

You can hold GC views, but you cannot go round and misgender trans colleagues or disrespect them in other ways that go against dignity and respect in the workplace

Pan2 · 10/06/2021 22:00

Ah, thanks, it was in context of a relevant work subject, noted by someone who wasn't even in the discussion, and reported to my employer, Stasi-style.
I'll have a think about it, thank you.

thepuredrop · 10/06/2021 21:59

I’ve not read the judgment in full, but two things that caught my interest were that we need a test case on what constitutes harassment re not using preferred pronouns. Not sure if Maya’s tribunal will address this. Also, J. Choudhury made an interesting comment that the pc of gender reassignment might not be relevant to all trans persons, and I would like to know where/if this fits, given AEA v EHRC, and Land Rover.

EmbarrassingAdmissions · 10/06/2021 21:56

@Pan2

Also....will those of us suffering employment formal procedures for saying 'TWANW' be able to reasonably apply to have disciplinary measures rescinded? We didn't break any law.
I should think it would depend upon the context as to whether or not it was an unreasonable manifestation of your belief or was necessary to the work context.
Pan2 · 10/06/2021 21:55

smithsinarazz - similar here, added my voice on the GRA review and was accused of transphobia and invited to leave the CLP. Which I didn't.

MrGHardy · 10/06/2021 21:52

"philosophical belief" - that in itself is a joke. There is nothing philosophical about it.

smithsinarazz · 10/06/2021 21:52

About eighteen months ago I was active in the local Constituency Labour Party. That was about the time that the leadership candidates almost all signed that horrible pledge to throw GC people out of the party. A few months later the GC Chair resigned, sending a distressed email to the members saying that she'd been called a bigot for her views. There was no apology, no reflection, no consideration of whether people had behaved appropriately. Was the LP creating a hostile environment for GC people? I say it was.

NiceGerbil · 10/06/2021 21:45

The reporting on the BBC says that there was no evidence that she had harassed anyone.

And that lie has been very widely shared.

So that's something that has come out of it.

DeRigueurMortis · 10/06/2021 21:43

@CatherinaJTV

Pumpkinspicewoman is exactly right though - the judgement states (on page 4 - their bold)

a. 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.
b. 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.
c. 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, EqA 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.
d. This judgment does not mean that employers and service providers will not be able
to provide a safe environment for trans persons. Employers would continue to be
liable (subject to any defence under s.109(4), EqA) for acts of harassment and
discrimination against trans persons committed in the course of employment.

Again you've missed the point of the ruling....

Feel free to try and keep gas lighting but it won't work.

It's a very important judgement that confirms GC views cannot be discriminated against.

It's not, or ever was the intention of the case to say it's acceptable to discriminate against someone's gender reassignment.

It's simply saying the same in reverse, that you can't discriminate on the basis of someone holding GC beliefs.

NiceGerbil · 10/06/2021 21:43

Google might help.

I wouldn't be surprised though. The anti semitism was entrenched and widespread and unchallenged for long time.

FifteenToes · 10/06/2021 21:41

@SecondGentleman

The Labour CLPs that threw out women for having gender critical views are now legally the same as the Labour CLPs that refused to process applications from Jewish people.

Sorry for the OT tangent but I have to ask: Do you seriously believe that Labour CLPs refused to process applications from jewish people?

Cwenthryth · 10/06/2021 21:39

Yep, it states all of that. What you are failing to grasp is that this ruling establishes that it is unlawful to discriminate, harrass or victimise someone, on the grounds that they believe humans cannot change sex. That is it. Nobody here wants to do any of those things you’ve quoted. We want to be able to state our own beliefs, and discuss openly and fairly without having to use obfuscating language denying the material reality of sex, when we discuss issues that impact on women’s rights. That’s what we’re here for. And now it’s established that we can do that and not be discriminated against, harassed or victimised when we do.

ScreamingMeMe · 10/06/2021 21:36

Oh lordy. The disingenuousness from twitter has leaked over here now Smile

smithsinarazz · 10/06/2021 21:33

@NiceGerbil

I must admit I don't understand how knowing that biological sex exists in mammals and there's male and female is a belief TBH
A bit ago a guy won a discrimination case on the basis of belief; he had been badly treated at work because he believed in climate change. I was cross at the time that something that's accepted as fact by the international scientific community could be treated as a mere belief, but apparently that's how it works in English law; whether or not you're right to hold a belief is irrelevant to whether you can be discriminated against for holding it. Which is weird - but is one of the reasons why Judge Tayler was so wrong: he formed an opinion about whether Maya's opinion was correct. In his hands, the test of whether an opinion is worthy of protection became "whether Judge Tayler agrees with it". Arrogant tit.