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Michael Foran Profile picture
@michaelpforan
Apr 2 • 9 tweets • 2 min read • Read on X
Some academic lawyers are very frustrated that some people are misunderstanding the letter of the law in the Hate Crime Act, eg believing that misgendering is now a crime, but who are not engaging with where that misinformation is coming from: the Scottish government & Police.
On the government front we’ve seen a campaign focusing on hurt feelings and a government minister saying that whether misgendering is a crime is a matter for the police to decide (from 2.19 in: )bbc.co.uk/sounds/play/m0…
From Police Scotland we’ve seen messaging that hasn’t emphasised freedom of expression and which has said that insulting and name calling can be hate crimes: Image
Add to that the fact that people are seeing reports of opposition politicians being reported for non-crime hate incidents for criticising government policy and it’s entirely reasonable for some people to be worried that they will be targeted: perthandkinrossconservatives.org.uk/news/murdo-fra…
Yes, if a case got to court the views of the academic lawyers on this would likely be vindicated. The Act and its interpretation in light of human rights law would ensure that only the most extreme cases will be prosecuted.
But many people are more worried about the police turning up at their workplace and seizing their devices than they are about being prosecuted or even convicted.
Some people are genuinely concerned that offensive speech or misgendering is now a crime. But they didn’t get that idea out of nowhere. It wasn’t just drummed up by those opposed to this Act. They heard it from Police Scotland and out of the mouth of government ministers.
This social context matters when attempting to correct misinformation. The people who have believed what the police and government has told them and become worried are not the ones to be blamed for their reaction to this. Fault lies with people who have responsibility for the Act
If a government minister brought on radio to explain and defend the Act can’t unequivocally tell you that misgendering isn’t a crime and says that’s a matter for the police, you can’t blame people for thinking it might be a crime.

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More from @michaelpforan

Michael Foran Profile picture
Mar 28
A thread on Lister v New College Swindon which was decided by the Employment Tribunal this week. The case deals with the use of preferred pronouns in a school setting.

The link to the judgment is here: judiciary.uk/wp-content/upl…
New College Swindon is a further education college Mr Lister was employed by NCS as a lecturer. His employment contract required him to familiarise himself with NCS policies and procedures including safeguarding, staff conduct, disciplinary, and gender reassignment policies.
Clause 4.1 of the gender reassignment policy states: Image
Read 25 tweets
Michael Foran Profile picture
Mar 13
In January after a pile on against @RosieDuffield1, I explained the finding of a German court that there wasn’t sufficient evidence to show that trans people were targeted in the Holocaust. This led to a formal complaint to my employer that I was a holocaust denier.
The complaint went nowhere because it was clear on any objective reading that I was describing the judgment and had sufficiently caveated that I’m not a native German speaker (the translation was later confirmed by German speakers).
With the exception of Feb 2024 when I was off social media to get away from all of this, there hasn’t been a month since Jan 2023 where someone hasn’t tried to complain to my employer in some form or another.
Read 9 tweets
Michael Foran Profile picture
Mar 7
A 🧵on the law to explain why these claims that @jk_rowling has committed a crime are baseless. The Equality Act doesn't regulate private relationships. It deals with employment & the provision of goods/services. Rowling owes India no duties under the Act. No breach has occurred.
The same is true of the GRA: it does not regulate private relationships. It speaks to an individuals relationship with the state. It creates no duty on others to refer to someone with a GRC by their acquired gender. No 'breach' has occurred here either.
The GRA does create a criminal offence of disclosing without lawful excuse information obtained about a GRC holder's GRC status where that information is obtained in an official capacity such as employers or provider of service. That does not apply here, obviously.
Read 7 tweets
Michael Foran Profile picture
Mar 6
Neither I nor @ForWomenScot are “pushing” for sex to have both an ordinary and a technical meaning post GRA. We’re recognising the reality of it as a matter of doctrinal law and arguing that sex in the EA engages the exception to the GRA and so takes on an ordinary meaning.
Denying the fact that s9(1) provided for an acquired gender which changes sex in law for some purposes will not stop it from being true. The question here that will be decided by the Supreme Court is whether that provision applies to the Equality Act. Image
There is no room in this case to argue that acquired gender does not change sex, despite the clear textual language stating that it does. Human rights arguments will allow you to argue that this shouldn’t extend to the EA (which I make) but that’s all this case can address.
Read 7 tweets
Michael Foran Profile picture
Mar 5
A long 🧵on the meaning of sex in UK law and how this has changed over the last few decades. This draws on the caselaw that I rely on for my forthcoming paper in LQR on this topic: deliverypdf.ssrn.com/delivery.php?I…
Sex once had one meaning, fixed to biological sex. References to male and female or man and woman reflected ordinary meaning without any technical legal construct, except one: where sex was indeterminate the most 'predominant' characteristics determined sex
This was the rule in Roman law (Decretum Gratiani, C. 4, q. 2 et 3, c. 3 § 22), Common Law (E Coke, Institutes of the Laws of England, Institutes 8.a.), and Scots Law (Stair 1.4.6.).
Read 24 tweets
Michael Foran Profile picture
Jan 6
It didn’t make any finding of fact that there was systematic targeting of trans people, it didn’t say that trans people were presumed to be gay. The history is complex but there are examples of those arrested for cross-dressing being released and given a permit by the Gestappo
There is historical evidence of the Gestappo treating trans people very differently depending on whether they thought their gender expression was motivated by identity or “indecency”/“deviancy”. If there was evidence of homosexuality they were treated far worse.
Read the history in this thread. Two female-to-make cross-dressers; both arrested and questioned, one admits to engaging in homosexual sex, one doesn’t. The former is treated far better and even allowed to change name to Gerd.
Read 9 tweets

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