Judge determines that Maya Forstater’s transgender views should be “tolerated in society.”
A High Court judge has found that the beliefs of a woman who lost her job after asserting that people cannot change their biological sex should be “tolerated in a pluralist society.”
Maya Forstater’s contract was not renewed in March 2019 after she issued a series of tweets criticizing government intentions to change the Gender Recognition Act to allow persons to identify as the opposite sex.
Ms. Forstater, a tax specialist at the Centre for Global Development (CGD), won her appeal against an employment tribunal on Thursday, a decision termed by the international think tank as “a step down for inclusivity and equality for all.”
“This ruling does not mean that those with gender-critical attitudes can ‘misgender’ trans persons with impunity,” Mr Justice Choudhury stated, adding that the original tribunal had “erred in law.”
The High Court judge ruled in Ms Forstater’s favor, saying her ideas “may well be extremely insulting and even disturbing,” but that they “must be tolerated in a pluralist society.”
“Some trans people would be disappointed by this judgment,” Mr Justice Choudhury admitted.
Ms Forstater originally took her case to an employment tribunal, claiming that her dismissal was based on her religious views.
However, employment judge James Tayler earlier denied her petition, stating that her views on sex are “absolutist.”
She restated her beliefs that biological sex is “actual, vital, unchangeable, and not to be confounded with gender identity” during an employment appeal tribunal in April.
JK Rowling, the author of the Harry Potter series, earlier tweeted in favor of the claimant, saying, “Live your best life in peace and security.”
“However, why should women be fired for asserting that sex is real?”
“We do not in any way want to disregard or diminish the difficulties faced by trans persons trying merely to live their lives peacefully in the gender with which they identify, irrespective of their biological sex,” Mr Justice Choudhury wrote in his ruling on Thursday.
“The unfortunate reality for many trans people, however, is that which most people take for granted – a feeling of self. (This is a brief piece.)