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Wednesday, December 11, 2019

Maya Forstater: first Legal Case that EqAct protects Sincere Beliefs


Are sincerely-held beliefs protected (like religious beliefs) under the Equality Act?
Maya Forstater was sacked in March 2019 by a US development charity after using her personal Twitter account to express the view that “male people are not women”. There was no claim that Maya pushed her views at work, simply that some workplace colleagues complained at her holding such views, with the employing body being pro-LGBT.  
The legal Appeal over her dismissal was widely reported, including by the quality papers.

  The Tribunal sat for over a week in November and has to decide whether the statement is a belief that should be protected under the Equality Act 2010, or just a personal opinion. Evidence was taken from philosophy and law professors, as well as a lifelong transwoman who lived as a woman but insisted she was still male in experiences from early life and because each of her cells had the male sex chromosome.
  “I believe that sex matters,” Ms Forstater wrote in her witness statement to the tribunal. “This belief is based on things that I regard as fundamental scientific facts, as well as basic logical constructs.
  “I have always believed that sex is a material reality, that being female or male is an immutable biological act, and that sex matters, and I always will.”
  To prove a sincere belief, it has to be shared by many, evidenced by a body of writings and supported by established authorities. Being tenable logically and scientifically are additional, which religions don’t necessarily share, but humanists can claim.
Links to reports and documents for the case are found here.
Ms Forstater's Appeal was crowd-funded (well over-subscribed), including by Martina Navratilova who was also sacked by the BBC for similarly 'offending' transgender activists. After decision in December, the case may well move on to a higher Court.

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