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Feminism: Sex and gender discussions

Maya Forstater's appeal skeleton

999 replies

Mollyollydolly · 25/04/2021 13:21

Saw this on twitter and thought it deserved a thread to itself.

As Jason Braler (employment lawyer) says on twitter "It's more a thesis than a traditional skeleton, but it certainly drives home the points from every conceivable angle.
It may also be the only ever EAT skeleton to have 4 references to Orwell"

hiyamaya.files.wordpress.com/2021/04/forstater-eat-claimant-skeleton-argument-plus-low-res-pages-1-50.pdf

OP posts:
Thread gallery
8
Thelnebriati · 27/04/2021 14:52

@AnneofScreamFables

The nature of belief is generally that a belief is something that is not (yet) held to be a fact (IMO).

Which is why this case is so weird because 'sex is immutable' is a fact. You can believe in facts, you can believe in something that cannot be proven to be true either way. It would be very interesting to see whether a belief in something that is objectively untrue would be protected.

Eg - is flat-earthism worthy of belief in a democratic society?

Yes, this is why I was so surprised they went with the defense of belief in the first case. I dont think we should have to defend a 'belief' in widely accepted material facts.
NecessaryScene1 · 27/04/2021 14:53

Eg - is flat-earthism worthy of belief in a democratic society?

I don't see why it shouldn't be.

If it interfered with your job though, eg as an airline pilot or working to design spacecraft, then you would presumably be able to be dismissed on the grounds of incompetence, but it wouldn't be for just holding the belief.

If you managed the cognitive dissonance of believing the earth was flat but using an "earth is round" model to do your work, you'd be fine.

NecessaryScene1 · 27/04/2021 14:54

I dont think we should have to defend a 'belief' in widely accepted material facts.

Beliefs in irrational things or false things are protected.

It would be ludicrous for that to be the case but to have beliefs in truth not be protected.

PronounssheRa · 27/04/2021 14:55

I hate to engage in pigeon chess, but when people say compelled speech will protect a small minority of very vulnerable people, its good to remember one of the people who complained about maya was Gregor Murray

www.bbc.co.uk/news/uk-scotland-tayside-central-48295000

Mayas crime, forgetting Gregor uses they/them.

JackieLavertysWeirdVoice · 27/04/2021 14:56

I'm reading 'respect' in these examples as 'bemused tolerance as long as you don't teach off-syllabus / crash planes'.

nauticant · 27/04/2021 14:58

How many trans activists are looking at how things are going today and wondering whether it would have been far better for Maya to win at first instance. As a result of her initial loss, today there are worms everywhere.

yourhairiswinterfire · 27/04/2021 14:59

Sex Matters
@SexMattersOrg

In Elan-Cane and McConnell the courts have declined to extend recognition to gender ID because those are matters for Parliament.

Because in English law and in fact, biological sex remains a reality which affects how people are seen and interact with other people. Other people's perceptions are not simply to be written off.

C's beliefs are on all fours with English law. She believes that sex is fixed at birth and gender is something different - as does the law.

RedDogsBeg · 27/04/2021 15:01

nauticant, the can has well and truly been opened by all these court cases.

nauticant · 27/04/2021 15:09

its good to remember one of the people who complained about maya was Gregor Murray

^www.bbc.co.uk/news/uk-scotland-tayside-central-48295000^

Mayas crime, forgetting Gregor uses they/them.

I've lost count how often I've seen this retweeted under the #istandformaya hashtag:

twitter.com/simonjedge/status/1386967296476909570

There will be a lot of dazzled people blinking in the sunlight.

Mollyollydolly · 27/04/2021 15:17

Please for the love of Jesus, Mary, Joseph and the wee donkey don't let this thread be derailed. It is important, it matters, keep to the point of the case. Please everybody.

OP posts:
SunsetBeetch · 27/04/2021 15:17

I'm saving this for future use. So on point.

Maya Forstater's appeal skeleton
Mummyoflittledragon · 27/04/2021 15:19

Maya is incredibly brave. I’m really hoping sense will prevail.

RowanAlong · 27/04/2021 15:21

Thank you for sharing

littlbrowndog · 27/04/2021 15:23

@Mollyollydolly

Please for the love of Jesus, Mary, Joseph and the wee donkey don't let this thread be derailed. It is important, it matters, keep to the point of the case. Please everybody.
😂😂😂
BadGherkin · 27/04/2021 15:23

How long is the appeal likely to go for?

littlbrowndog · 27/04/2021 15:24

Maya said they wouldn’t get judgment for ages

NancyDrawed · 27/04/2021 15:24

Regarding the 'belief' angle, there was a thread about it at the time (since deleted IIRC) where Maya explained why that route had been taken. I might have saved some bits from it (but I don't have R0's organisation and filing skills) so even if I did, I may never find them. I will have a look once I'm back from the school run, though.

BadGherkin · 27/04/2021 15:26

Thanks, @littlbrowndog.

DialSquare · 27/04/2021 15:27

@Mollyollydolly

Please for the love of Jesus, Mary, Joseph and the wee donkey don't let this thread be derailed. It is important, it matters, keep to the point of the case. Please everybody.
“We’ve been round the houses, Steve. Round the houses and down the bloody drains.”
yourhairiswinterfire · 27/04/2021 15:27

Sex Matters
@SexMattersOrg

The effect of findings that C must be required to subordinate her use of language to the opposing view in this debate, and not holding the belief that gender ID determines sex is not even a protected lack of belief has the effect of state-mandated adherence to gender ID theory.

JackieLavertysWeirdVoice · 27/04/2021 15:27

I read somewhere, might have been the Sex Matters Twitter page, that judgement could be 2 - 3 months?

RedDogsBeg · 27/04/2021 15:28

The effect of findings that C must be required to subordinate her use of language to the opposing view in this debate, and not holding the belief that gender ID determines sex is not even a protected lack of belief has the effect of state-mandated adherence to gender ID theory.

It follows that if an employer requires employees to chant a creed daily that trans women are women, employees must comply and will not be protected by s.10 if subjected to detriment for refusing. That can't be right.

That is what's at stake here, totalitarian imposition of a creed.

yourhairiswinterfire · 27/04/2021 15:29

Sex Matters
@SexMattersOrg

''It follows that if an employer requires employees to chant a creed daily that trans women are women, employees must comply and will not be protected by s.10 if subjected to detriment for refusing. That can't be right.''

--

''That concludes BCQC's submissions. Next: Karon Monaghan QC for the EHRC.''

Janie143 · 27/04/2021 15:29

Mollyollydolly
Hot on the Hastings truisms Grin

LostToucan · 27/04/2021 15:30

If you managed the cognitive dissonance of believing the earth was flat but using an "earth is round" model to do your work, you'd be fine.

I met some Salt Lake City palaeontologists that managed to teach both creationalism and the fossil record - that involved some serious mental gymnastics.

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