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Any chance of a review of the FWR moderation rules in light of Maya Forstater's success in court please?

915 replies

ViperAtTheGatesOfDawn · 10/06/2021 13:02

The belief that transwomen are men and that transmen are women has been accepted as a legitimate and protected belief, yet we are not able to state this on Mumsnet under the current rules.

It has become increasingly difficult to discuss feminist issues on the dedicated feminism boards as a result of the moderation rules.

In light of Maya's success in court, and that 'gender critical' beliefs are considered protected under the Equality Act, would it be possible for the FWR sex/gender mod rules to be re-visited please?

OP posts:
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SimonedeBeauvoirscat · 14/06/2021 09:07

The legal point about belief as I understand it is that you can have a belief that is factually true or you can have a belief which is not subjected to the truth threshold (eg. Belief in God - the law doesn’t have a position on its truth, merely on its status as a belief which has some protections). Saying something is a belief doesn’t mean it occupies a lesser legal classification than something which is true; its classification as a belief which has protected status in law tells you nothing about its truthfulness. They are two separate qualities. I’m not sure I’m explaining this well though.

shesellsseacats · 14/06/2021 09:50

I don't understand how this is a 'belief'? It's scientific fact!

The court case is part of an Employment Tribunal to work out whether Maya's employer discriminated against her or not.

It wasn't a general investigation into whether what Maya said was reasonable or not.

They can only use the laws available to them. There is a law that people should not be discriminated against for their beliefs. There is a legal definition of belief this purpose, with a list of points that the belief must satisfy to be recognised by the court. None of those are whether it is true or not, and you can understand that if you think about it - the courts don't want to get into having to prove whether Allah exists or not, for example, in order to decide whether an employee was unfairly treated for being Muslim.

There is no provision in employment law for protecting someone who believes in facts, so that was never going to come up in court. It's no comment on whether the court sees a belief in biological sex as true or not.

EmbarrassingAdmissions · 14/06/2021 09:52

There is no provision in employment law for protecting someone who believes in facts, so that was never going to come up in court. It's no comment on whether the court sees a belief in biological sex as true or not.

Exactly this.

Key pieces of legislation were not pre-emptively drafted to anticipate that people would start challenging fact-based reality or science but this is where we are.

SengaMac · 14/06/2021 10:21

The judgement did state that the 'belief' in question is not harmful to others, which is different to the propaganda we have been getting until now.

Xenia · 14/06/2021 11:08

It is certainly weird how the law has to deal with this. If X believes cats are Gods (or everyone who is not a Jehovah's witness is going to hell) then that is lie which is protected as a belief. If Jane is sacked because she said the front door of the office is blue and it is blue but the office has decided to force everyone to say it is black that is I suppose a belief that it is blue and a fact that is blue. you can go round in circles like this.

If Jim believes a fact -that I am white not black (which is a fact) and asserts that fact and he believes no one should be allowed to call themself black if they are not then he expresses a fact - Xenia is white which might upset her had she self declared as black (despite being 100% white) but his statement is both a fact and also a belief - that people shoud not be allowed to self declare as black and expropriate someone else's culture etc.

MissLucyEyelesbarrow · 14/06/2021 12:14

Key pieces of legislation were not pre-emptively drafted to anticipate that people would start challenging fact-based reality or science but this is where we are

True. Plus, there is no fact so self-evidently true that you can't find some numpty who refuses to believe it.

Fact vs belief in law is an interesting topic. In the US, for example, (amazingly) tax evasion law operates on a belief basis. If you can convince a court that you genuinely believe that you don't have to pay taxes, even if you believe it because the little green men climbed out of an UFO to tell you that, it is a defence to tax evasion. In the UK, even if you can show that you had good reason to think it was factually correct that tax was not due, including having taken professional advice , it is still not (usually) a defence.

There are pros and cons of the Law taking a stance on what is fact. Remember that the Ministry of Justice was, until a week ago, a Stonewall champion. Just imagine what 'facts' we might have ended up with.

shesellsseacats · 14/06/2021 12:30

@Xenia

It is certainly weird how the law has to deal with this. If X believes cats are Gods (or everyone who is not a Jehovah's witness is going to hell) then that is lie which is protected as a belief. If Jane is sacked because she said the front door of the office is blue and it is blue but the office has decided to force everyone to say it is black that is I suppose a belief that it is blue and a fact that is blue. you can go round in circles like this.

If Jim believes a fact -that I am white not black (which is a fact) and asserts that fact and he believes no one should be allowed to call themself black if they are not then he expresses a fact - Xenia is white which might upset her had she self declared as black (despite being 100% white) but his statement is both a fact and also a belief - that people shoud not be allowed to self declare as black and expropriate someone else's culture etc.

No, this isn't how it works.

It's not any old thing you believe in that will be accepted as a belief in an Employment Tribunal. It's actually philosophical beliefs we're talking about here (so, not the colour of a door for example) and they need to meet these criteria:

Grainger criteria

To qualify as a ‘philosophical belief’ under the Equality Act, the belief must satisfy the five criteria set out at para 24 in Grainger plc v Nicholson [2010] and mirrored in the Equality and Human Rights Commission Code of Practice 2011. These are that:

  • The belief must be genuinely held
  • The belief must not simply be an opinion or viewpoint based on the present state of information available
  • The belief must concern a weighty and substantial aspect of human life and behaviour
  • The belief must attain a certain level of cogency, seriousness, cohesion and importance
  • The belief must be worthy of respect in a democratic society, not be incompatible with human dignity and not be in conflict with the fundamental rights of others.

www.irwinmitchell.com/news-and-insights/newsandmedia/2020/november/religion-and-belief

YourSexNotGenderIsOnFire · 14/06/2021 12:51

It's just not usually necessary for the law to decide what's true or not just these situations (at least when looking at preliminary issues such as in Maya's case).

Let's say you have 2 accountants. One has been working for a firm owned by Christians and has been fired after they found out he believed in evolution. Another works for a secular firm and was fired when they found he was going to a church which teaches creationism and when asked about it stated that he believes that God created the world in 6 days. It doesn't matter whether evolution or creationism is true - they should have both been allowed to just get on with their jobs.

Stopthisnow · 14/06/2021 16:50

@JustineMumsnet I heard about the Feminist board here many years ago from other feminists, I had a quick look but there seemed to be too much tiptoeing around males who identified as women, using genderist language etc., so I didn’t stay. I later heard about the Spartacus threads from women at a feminist meeting, I came back and saw there was a thread about gender ideology, so I stayed for a time and contributed to that thread, that was around 6 years ago. Things started to move on and women were talking about organising, I left for a while due to other reasons, when I came back a year or so later under a different account (I had changed emails) a year or so later things had moved on, there was much more discussion of the harms of gender ideology which I think was a very good thing. Then the current guidelines were introduced severely limiting feminist speech and many posters either left or were banned, I came here under a different name, although I often read threads I do not post much due to the fact there are issues that need discussing which currently can’t be, as it is considered ‘generalising’ or offensive to a subset of men. Many women have also said that autism, experiences with abusive males, ex-partners etc., also makes it difficult for them to participate under the current guidelines. So I think the current guidelines could already be said to be excluding some women from posting in Feminist chat.

I think this thread is asking for the rules to be lawful and respectful to the beliefs of ‘gender critical’ feminists. I find it troubling that a thread asking for the rules of the Feminist board to reflect the current law on beliefs has been met with a proposal to segregate feminists on the Feminist board. With respect, this approach seems to have functioned as a distraction, as women then feel they have to make the case for why they shouldn’t be moved into a subsection. When instead the issue this thread highlights should be addressed.

It has now been established that ‘gender critical’ feminists are free to hold our belief (based on biological fact) that males are men, and disagree with genderist’s belief that males can be women. In order to convey our belief that males are men/males we need to be able to use language which reflects our beliefs (which are based on the facts of biological sex being unchangeable) without risking being banned, of course genderists should also to be free to express their beliefs. However, genderist’s beliefs should not be prioritised over gender critical feminist’s beliefs, otherwise that is discrimination, this is what women on this thread are highlighting.

There are two main areas where there is an imbalance imo;

  1. Genderists are currently able to use the word ‘transwoman’ to refer to a subset of males as that aligns with their belief in gender ideology. Gender critical feminists equally need to be able to refer to males in a way that aligns with our belief that biological sex cannot be changed, by being able to refer to males as males/men e.g. trans identified males/men (TIM), etc.
  1. Genderists are currently permitted to use female pronouns when they refer to the group of males they consider ‘transwomen’, and to use ‘cis’ to refer to people they don’t consider ‘trans’, this is inline with their belief in gender ideology. Gender critical feminists need equally to be able to use male pronouns for the group of males who identify as women, and need to be able to refer to them as males/men, in line with our belief that people can’t change sex.

However, I think it reasonable that if an individual is involved in a conversation on a thread and doesn’t wish to be referred to as ‘cis’ or ‘he’ personally, then posters should not refer to that specific poster as ‘cis’ or he, they can just use their username or ‘they’ to refer to them, this is completely different from referring to groups or hypothetical people. Genderists may find it distressing or offensive when gender critical feminists use words that reflect biological reality to refer to a subset of males, similarly many ‘gender critical’ feminists find it just as (if not more) distressing and offensive when genderists use words inline with gender ideology, as many of us consider genderism to be an ideology that is based on and further embeds misogyny and homophobia in society. As a lesbian woman I find it particularly distressing and offensive that male posters can refer to themselves or other males as ‘lesbian women’. However, it has been established that no one has the right not to be offended. Therefore, even though both sides can feel distressed and extremely offended by the views of the other, we both still need to be equally free to express our beliefs, as long as we are not being harassing or abusive.

Another point is that feminism is about generalising to a large extent, as is any analysis of power imbalance or oppression, e.g. women cannot discuss feminism without talking about males/men as a group, and subsets of men/males who hold misogynistic beliefs about women. Feminist analysis also critiques lifestyle choices, beauty norms etc., feminist analysis can’t exist if is verboten to critique these things. For example, if a group of men have a sexual fetish that leads them to promote sexist and misogynistic views of what women are, even though that may be a ‘lifestyle choice’, it is the essence of feminism to point out they are doing this and the harms it causes to females. Similarly if a group of men wish to violate female’s boundaries, then it may be criticising a specific group of men to mention which group of men are doing the violating, though one cannot express a feminist analysis without naming the group of men and the ideology they subscribe to.

Ultimately, the issue is that both ‘gender critical’ feminists and genderists need to be able to convey our views and beliefs in equal ways, without risking being banned or deleted, otherwise it would be prioritising one side over the other, which I agree with pp is likely to be discrimination under belief. Up until now many genderist terms have been permitted, but not a gender critical feminist equivalent, this is what needs to be addressed. It also needs to be acknowledged that feminist analysis, like all other analysis of oppression, often has to generalise, it cannot exist otherwise. Pp have said removing women who discuss sex based rights to a subsection of the feminist board is likely to be discrimination against the female sex and I tend to agree. It is more productive to make the rules of the Feminist board fair and equal for both genderists and gender critical feminists than trying to create echo chambers imho.

Xenia · 14/06/2021 17:20

Stop, well said.

Mulletsaremisunderstood · 14/06/2021 17:59

OvaHere
I think we should expect more of female led spaces tbh. It's more painful to feel let down by something female centric than anything predominantly male. It's never a surprise when men are not in our corner.

Agreed. It's so depressing and disappointing that we are being shunted to one side yet again for discussing women's rights, on a predominantly women's website!

Like many others, if it wasn't for FWR I wouldn't bother with MN.

Mulletsaremisunderstood · 14/06/2021 18:02

@GNCQ

The person up-thread who referenced the spirituality board got me thinking....

Yes I've visited that board too and I'm reminded of the ongoing "Wicca/Witches" thread I looked into it myself!

It's full of stuff like candle making, walks in the woods, the moon phases etc, but obviously other people of other religions think that sort of thing is the work of the devil.
You simply don't get Catholics plopping into the thread upsetting all of the posters on the thread telling them they'll all burn in hell etc, despite the fact we know many people out there think this way.

I wonder why the feminist chat board attracts the sort of people who actually post determined to pick a bunfight specifically with people who they know hold views different to their own, when the spirituality board is more respectful.

The difference is that spirituality, religion etc. are for both men and women. Whereas feminism is by women for women (or it bloody well should be!) To some people (mostly angry men) the fact that women talk to each other at all about serious issues and get uppity ideas in our heads about our place in society is problematic.

Therefore a feminist board is always going to attract a certain amount of hatred just by existing.

drspouse · 14/06/2021 18:38

How is this even workable?
Say there is a thread on wifework, or miscarriage.
Someone says "women are socialised from before birth to be kind". Or "gosh, our sex really kicks us in the teeth".
Next thing we know someone has reported us for being transphobic because we didn't allow for the fact that transwomen's childhoods are different and they would have LOVED to have been given baby dolls and toy "Busy Mum" calendars or we are triggering them with talk of pregnancy.

SirSamuelVimes · 14/06/2021 18:46

Very well said, stop.

BernardBlackMissesLangCleg · 14/06/2021 19:01

what @Stopthisnow said

great post

R0wantrees · 14/06/2021 19:12

This article published by Maya Forstater's lawyer is worth reading in full and I believe relevant:

Peter Daley
'The Forstater Judgment: What Next?'
(extract)
"This is a landmark decision. Gender Critical beliefs are protected characteristic. Those who hold and express those beliefs are protected from discrimination. It is a comprehensive reminder of the liberal principles of freedom of speech and thought that underpin our democracy. (continues)

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. (continues)

Fundamentally however, this judgment requires a rethink of how we as a society approach questions of public debate. The labels of transphobia, hate and bigotry have been misapplied to suppress the debate around sex and gender. The catastrophic predictions of what success for Maya Forstater would mean – from licenced transphobia to the automatic abolition of workplace discrimination protections – were always nonsense and are confirmed as such in the judgment." (continues)
www.linkedin.com/pulse/forstater-judgment-what-next-peter-daly

www.doyleclayton.co.uk/about/our-people/peter-daly/

Apologies if it has already been quoted. I have a lot of threads to catch up on. Many thanks to those who raised the issue with my account which I'm pleased to say was re-established this afternoon.

Datun · 14/06/2021 19:22

Wotcha R0 !

RufustheBadgeringReindeer · 14/06/2021 19:24

Hey R0

Wine
R0wantrees · 14/06/2021 19:31

Thanks both Wine

OvaHere · 14/06/2021 19:37

R0 Flowers Smile

RedToothBrush · 14/06/2021 19:39

Good to see you back.

Grin
R0wantrees · 14/06/2021 19:41

Thank you Smile

Thelnebriati · 14/06/2021 19:51

R0's back! Flowers

Is it dark out there?

countrypunk · 14/06/2021 19:51

Late to this thread but excellently put, @Stopthisnow.

R0wantrees · 14/06/2021 19:57

@ViperAtTheGatesOfDawn

The belief that transwomen are men and that transmen are women has been accepted as a legitimate and protected belief, yet we are not able to state this on Mumsnet under the current rules.

It has become increasingly difficult to discuss feminist issues on the dedicated feminism boards as a result of the moderation rules.

In light of Maya's success in court, and that 'gender critical' beliefs are considered protected under the Equality Act, would it be possible for the FWR sex/gender mod rules to be re-visited please?

I would like to add my support to the OP's request.

I received a strike for quoting Genevieve Gluck's (academic feminist) summary of her presentation to the Women’s Human Rights Campaign. It was very specific and not a generalisation. Porn and sex trafficking are a core concern to feminists and I believe Gluck's work to be important for the welfare of girls and women.
genevievegluck.substack.com/

Women's Human Rights Campaign (WHRC) is a group of women from across the globe dedicated to protecting women's sex-based rights.

With more than 12000 signatories from 122 countries, WHRC also has the support and allyship of more than 260 global grassroot organisations.

It reaffirms the rights of women as set out in the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) adopted by the United Nations General Assembly on 18 December 1979.

Further developed in the CEDAW Committee General Recommendations, and adopted, inter alia, in the United Nations Declaration on the Elimination of Violence against Women 1993 (UNDEVW).

Having been translated in almost 20 languages, the Declaration re-affirms the rights of women and girls as outlined in CEDAW.

CEDAW defines discrimination against women as
“any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.’’

www.womensdeclaration.com/en/about/

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