It is deeply worrying.
Even more so that even by its own lights, the logic in the judgement does not stand.
Transpeople are, by definition, people “whose gender identity does not align with the sex assigned to them at birth”: Hansman at para. 12. If a person elects not to “believe” that gender identity is separate from sex assigned at birth, then they do not “believe” in transpeople. This is a form of existential denial: Oger (No. 7) at para. 61. It is not, as Mr. Neufeld argues, akin to religious beliefs. A person does not need to believe in Christianity to accept that another person is Christian. However, to accept that a person is transgender, one must accept that their gender identity is different than their sex assigned at birth.
The bolded test presupposes that gender identity exists, and therefore it is impossible that any logic based on that axiom could ever find it didn't. It does not, however, prove that gender identity exists, because that assertion is made outside the logic.
Valid logic would be:
Transpeople are, by definition, people “who believe they have a gender identity that does not align with the sex assigned to them at birth”. If a person elects not to “believe” that gender identity exists, then they do not “believe” that transpeople are correct in that belief. Just as a person does not need to believe in Christianity to accept that another person is Christian, a person can accept that a person is transgender because they believe they have a gender identity which is different than their sex assigned at birth.
This is not a form of existential denial.. It is akin to religious beliefs.
or
Transpeople are people who define themselves as "people whose gender identity that does not align with the sex assigned to them at birth”. If a person elects not to “believe” that gender identity exists then they simple believe that transpeople are mistaken. This is akin to religious beliefs. A person does not need to believe in Christianity to accept that another person is Christian, and a person does not need to believe in gender identity to accept a person is transgender.
Interestingly, it's exactly the same as a trivial example I was taught at school as a demonstration of bad logic:
"God is perfect.
To be truly perfect a thing must exist.
Therefore, God exists"
The flaw is that in saying "God is perfect", one presupposes that God exists. "is" - the present form of the verb "to be". The logically valid statement would be "God, if she/he exists, is perfect" or "God, as conceived, is perfect".
I cannot believe an educated judge fell into such a trivial error, and therefore the judge must be knowingly making a false comparison. It is disgusting and despicable.
And it is going to immediately fall down when faced with a person who does not believe they have a gender identity and therefore does not accept being defined as "the same" as an opposite sex transgender person, because the same legal ruling would need to be applied in that scenario (if you do not accept my self reported identity you are saying I do not exist), which directly undermines the first.