Maya Forstater's appeal skeleton

[Mollyollydolly]

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

For anyone looking at the tweets, JR is Jane Russell acting for CGD Europe.

@SexMattersOrg

Jane Russell will be putting the case for the respondent to the appeal, CGD Europe this morning. #MayaAppeal

We all face restrictions based on our bodies. I’m not tall enough to be a catwalk model and am too blind to be a pilot. I would need to be told these things if I was trying to argue otherwise

And sometimes, even with protections, we face legal restrictions, like being too young to vote or drive, or too old to apply to join the army - and being told that, in no uncertain terms.

All the protected categories are used to hearing, 'No.'

... Except for the completely invented one, 'gender identity,' which has apparently made it 'illegal' to believe anything perceived to be even remotely negative about this amorphous, made-up category of violently fragile people.

Absolutely shameful state of affairs.

She is creating, in my submission, a sort of sex superiority, which creates two classes of women: real and fake women. That is beyond the pale. That is denying a group of people with the protected characteristic of gender reassignment.

No, it's dividing these "women" into female and male "women". Which is reality. And the law.

I don’t think the QC has understood the point.

MF’s belief quite simply isn’t that the TW doesn’t honestly see themselves as a woman. She knows they do. It’s that she can’t be compelled to express the same belief, or be prevented from expressing her own protected beliefs.

It’s extraordinary.

Oh dear, Simone de Beauvoir and this is making trans people unsafe in the workplace. These arguments are not going to hold up.

And the word ‘workplace’ wasn’t mentioned because that is for the next stage in the appeal. JR very confused and trying to lead the judge down the Tayler rabbit hole.

As Simone de Beauvoir wrote in The Second Sex, "one is not born but becomes a woman." Why can't that apply to transwomen?

A veritable deluge of facepalm and head-desk-banging gifs.

I thought we had put to bed the idea that the sincerity with which people hold a belief is an indication of the merit of that belief years ago.

You can sincerely believe in something that is quite, quite false, but you still can’t compel anyone else to believe the same thing.

which is Maya’s exact blinking point.

That you can believe it, and have it protected, and still do your job, all at the same time.

These arguments are not going to hold up.

At least Ben Cooper QC gets to challenge them later on. Looking forward to that.

Assertion that law is that sex is biological and fixed at birth is outdated following the GRA. Law and society have moved on.

Does the judge have eye-roll protectors?

They're supposed to bring arguments to the court, not Tweets.

Law and society have moved on.

Nope.

'Assertion that law is that sex is biological and fixed at birth is outdated following the GRA. Law and society have moved on.'

Crikey, really? Reality has moved on, it seems.

They're supposed to bring arguments to the court, not Tweets.

That's pretty much all they brought last time though. And they won then.

Her views originate in slander? Good grief.

I'm expecting an appeal to emotion to be the beginning, middle and end of the argument.

I've never once seen any other premise.

This is interesting, though, because it's directly and explicitly contradicting the 'nobody is saying biological sex isn't real' line we hear so often

I'm expecting an appeal to emotion to be the beginning, middle and end of the argument.

I've never once seen any other premise

Quite, Datun

"where a full Gender Recognition Certificate is issued, that person becomes for all purposes their acquired gender"

how can sex be immutable when this gives legal recognition to a change in sex?

This is like watching a Twitter argument 😬

@yourhairiswinterfire

These arguments are not going to hold up.

At least Ben Cooper QC gets to challenge them later on. Looking forward to that.

He doesn't need to challenge them so much as repeat them, very slowly, with a question mark at the end.

The QC doesn’t understand that ‘trans women are deluded’ wouldn’t be... slander.

I don’t think the QC has understood the point.

Jane Russell isn't a QC, she's a leading junior barrister.

Next she'll be quoting Bones. But Jim, millions will die!

Jane Russell isn't a QC, she's a leading junior barrister.

Ah. Gotcha.

Assertion that law is that sex is biological and fixed at birth is outdated following the GRA. Law and society have moved on

Our bodies haven’t though

How the fuck do these people think babies are made?

Her belief is rooted in slander? This is like listening to someone who is high.