It seems a more considered view of Forstater from some of those who have read the judgment, is that it is a victory, but one based on an error in law which conflates a belief with its manifestation. transsafety.network/posts/dont-ove…
Trying to wrap my head around this underscores that I am NOT a specialist discrimination lawyer. But I have immediate unease in trusting the analysis of anyone who can write this.
No wonder there is confusion about belief versus manifestation of belief when one side is so firmly wedded to the notion that ANY manifestation of a gender critical belief is ‘transphobic’.
It seems to me relatively simple. You are allowed to manifest your belief and cannot be sacked for so doing. If however that manifestation tips into actual harassment of a colleague or refusing to do your job you won’t have a defence.
But the simple expression of views that others find offensive cannot, without more, be a legitimate reason for ending your employment. And that was what I understood to be the crucial finding of the ET.
As a side note, interesting to see how the response is likely to develop. The ‘she lost 60%!’ is unsustainable for even the most enthusiastic TRAs, so we move to ‘ET got law wrong’ to ‘it’s all the fault of the CGD’
Also highlights my growing unease that #LawFare will not prove as swift an end to current madness as hoped. The nuance and complexity of employment law provides fertile ground for continued argument
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The judicial review against the decision to register Gender Plus as ‘safe’ to give cross sex hormones to teenagers fails.
UK courts continue to ignore the massive Elephant in the room, which is the lack of evidence base for this serious and irreversible medical intervention for children. This is not a matter of reasonable difference of opinion or for private practice to profit from. This is not safe.
Part of the problem, not grappled with by court. Clinicians in this area have gone bad. This isn’t ’reasonable disagreement’, it’s harming children. sussex.ics.nhs.uk/wp-content/upl…
I am trying to listen to this as I mop the kitchen floor. So I must be a woman?
It gets off to a very poor start. Mostyn unctuously introducing HK as a ‘beautiful feminist’. Of course Charlie F gets no such intro. HK simpers. And then they are off, referring to the ‘Equalities Act’.
Not sure if I will make it through but by god this floor will be clean.
At 6 mins in Mostyn confidently opines that this judgment only applies to 8k people with a GRC. The implications are of course much wider than this. Perhaps they will go on to talk of the problems caused by the Stonewallification of the law?
I had always thought Mostyn’s USP was a keen legal brain. It is not a sign of acuity to make such confident misrepresentation.
About 10 mins in ALL they can talk about is ‘passing’, how this is so unfair to those who underwent full transition 30 years ago and you ‘just can’t tell’. If they don’t move on to discuss the many thousands of men who identify as women and who have undertaken no modifications whatsoever, this podcast will be revealed as the hollow sham I suspect it already is.
Discussion of the proposed new duty to promote EDI - to deal with failings at the Bar re recruitment, harassment and lack of inclusion. Do these proposals mandate agreement with contested principles?
Purpose of tonight is to set out a range of discussions.
Deadline to respond to consultation is 29 Nov.
BSB rep begins by giving account of proposals and why we should support them. Consultation published at start of Sep, we are still consulting. We propose outcome focus - very different to current equality rules. Has been some improvements at the Bar re EDI but barriers persist re recruitment, retention, bullying and harassment.
BSB propose a 'positive action duty' to act in a way that 'advances' EDI and set out outcomes we want to see achieved. It's about taking reasonable steps to achieve outcomes. To create accountability and transparency and a framework to meet outcomes. Only applies to self employed Bar.
About to deliver my talk at #GenspectLisbon on the Battle for Children’s Capacity - the intersection between paternalism and autonomy and the response of the courts. After hearing @BevJacksonAuth’s rage yesterday I am inspired to go a little off piste.
It’s not good enough to talk about some green shoots of optimism. The courts should never have allowed themselves to be captured in the way they were.
Now Jesper Rasmussen ‘Raising Political Swords: how Denmark is Fighting Child Sex Change’
You need to work on all platforms - social media, legacy media and politics. Wear friendly shirts! Can’t be angry with somone wearing strawberries
I can at least give Mr Fowles credit for his continued enthusiasm to beclown himself publicly. Will this article last longer than his other one I wonder?
First - it wasn’t a ‘gender test’. It was a test that showed Khelif had XY chromosones and was most likely a male with the DSD 5 ARD, where the male genitals don’t develop until puberty.
Our concerns were therefore not that he wasn’t ‘pretty’ enough to be a girl, but rather that as a man he was punching women in a combat sport.
This wasn’t a case about discriminating against a ‘trans’ woman- it declared that this man was in fact a woman. In Australia, women no longer exist, we are entitled to be very concerned about this.
This sneering about the Cass Review and the reliance on the throughly dishonest Yale Review is very alarming from a self identified professional. I would ask he reads @jessesingal’s clear debunking but he seems so determined to divorce himself from reality, I doubt he could engage.