Maya Forstater Profile picture
Apr 17, 2023 11 tweets 5 min read Read on X
Are gender critical beliefs views a protected belief?

Robin Moira White, lawyer, trans rights expert and commentator on my case wrote in 2021 that people with GC beliefs are not protected against discrimination if they voice them at work.

independent.co.uk/voices/trans-r… Image
It turned out that was wrong.

So following the EAT judgment White & Newbiggin rewrote the chapter in their book to recognise that a belief can only be excluded from protection if it akin to Naziism or totalitarianism in destroying others' rights.

lawbriefpublishing.com/wp-content/upl… ImageImage
Their re-drafted chapter appears to be the source of the often cited view that it is only holding the belief, not manifesting it, that is protected. Image
Of course that was also wrong.

This is not what Mr Justice Choudhury said at para 78 - at all. What he said is that manifestation may justifiably be restricted in some circumstances. Image
In 2023 Robin says again that my beliefs are not protected against discrimination.

This time Robin says my beliefs have changed, and are no longer worthy of respect, even if they were before. Image
Here are my "absolutist" beliefs as I expressed them in my witness statement in 2019. ImageImageImage
The EAT and the tribunal also had a good look at the statement in the FairPlay for Women booklet and found nothing there that was not "worthy of respect in a democratic society"

fairplayforwomen.com/wp-content/upl… Image
Robin asserts that my beliefs have changed from these to something that would now fail Grainger V - i.e. be akin to Naziism.

This is a really awful thing to say about someone. Image
Robin says that Sex Matters is "evil" and a "hate group" ImageImage
But Robin is also willing to speak on a panel with Sex Matters' chair Naomi in Parliament 🤨

(If you were asked to be on a panel with someone who you is evil and the representative of a "hate group" wouldn't you alert people?) Image
So are gender critical views like mine and Naomi's worthy of respect or so hateful those holding them can be outcast from society?

You could look for answers in The Practical Guide to Transgender Law.

But it has not been updated since November 2021 🤷‍♀️ Image

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More from @MForstater

Jun 3
In the case of Peter Wilkins v @dstlmod there is a bit about a "threatening FOI" Image
Wilkins had requested disclosure of DSTL's strategy on gender identity and gender expression.

The request was refused because it was anonymous. Image
After the judgment I repeated the request Image
Read 7 tweets
May 16
Just taking a look back at what Amnesty International said very confidently to the Gender Recognition Act reform consultation in 2018 (they were advocating for removing all safeguards and controls from getting a GRC)

Giving out more GRCs will not affect anyone else they said. Image
It would have no effect on the operation of the single and separate sex exceptions in the Equality Act. Image
None on the occupational requirements exceptions in the Equality Act. Image
Read 11 tweets
May 16
There has been much sound and fury about the Supreme Court judgment and claims that it is very *difficult* to tell who should use which toilets.

Remember: this has always been the law.
Back in 2003 a group of transexual men sued a pub after it asked them not to use the ladies.

They were backed by the Equal Opportunities Commission.

They lost.

news.bbc.co.uk/1/hi/england/n…Image
Then there was the case of Croft v Royal Mail.

Father of 3 Nicholas Simpson became Sarah Croft. He wanted to use the ladies at work. His employer said no.

He sued (again with support of EOC) and lost.

a-question-of-consent.net/2020/08/16/cro…Image
Image
Read 13 tweets
May 11
This, by one of the Darlington nurses is heartbreaking (CW: CSA)

Women should not have to tell these stories to get the basic dignity that is their right under workplace health and safety law.

dailymail.co.uk/news/article-1…
This is what we mean when we say sex matters. It is what the Supreme Court meant when they said you have to be clear about what the different groups are.

It's not a legal nicety. It's not complex. It's not difficult.

It's just basic respect for women's humanity, with common sense.Image
I am so angry at all the highly paid people failing to do their job, who would not see that it is abusive to allow men into women's changing rooms, toilets and showers.

And even now who are resisting implementing the law. @NotPostingMatt @NHSConfed Image
Read 7 tweets
May 7
Minister @RhonddaBryant says “We are opposing the amendment and are not intending to introduce similar legislation.”

Let’s look at the knots he ties himself in

He says “data accuracy is important. That is equally true for any data used in a digital verification service.”

OK so your new law will enable people to prove their sex accurately then? 🤔
Bryant says “the government is already developing data standards on the monitoring of diversity information, including sex, via the Data Standards Authority.”

This is distraction.

Monitoring diversity information (which is about populations) is not the only reason why you want sex data.
Some times people want to make sure their sex is accurately recorded:

- For their own healthcare
- For social care
- For a job where sex matters
- For sport
- For safeguarding
- For use of single sex services
“the @StatsRegulation published updated guidance on collecting and reporting data and statistics about sex and gender identity last year, and all Govt Departments are now considering how best to address the recommendations of the Sullivan review, which we published.”

“That is the first reason why we will not be supporting this new clause or the amendment today.”
Read 10 tweets
May 4
A 🧵about signs.

What do I mean by this sign excludes all men?

I mean the sign itself is discriminatory. Image
It says women only, which means no men.
It is lawful because the situation meets one or more of the “gateway conditions” for a lawful single sex service in the EqA, and it is a proportionate means to a legitimate aim.
Who does the sign discriminate against? 

Men directly.

What all of them?

Yes, because they are all excluded by the rule. Even the femmes, the crossdressers, the transwomen, the non-binaries and the gender fluids.
Read 31 tweets

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