Reflecting on today's #MayaAppeal at the Employment Appeal Tribunal, we have selected some highlights from Karon Monaghan QC's submissions on behalf of the Equality and Human Rights Commission - Intervenor in the Appeal.
The EHRC submitted

1. Maya's philosophical belief is that sex is a material reality not to be conflated with gender identity and that sex matters.
2. Employment Tribunal Judge Tayler should have concluded that Maya's philosophical belief (that Sex Matters) falls under the protection of the Equality Act 2010
3. Employment Tribunal judge Tayler confused consideration of whether Maya's belief could be an Equality Act protected characteristic with how she might have expressed her beliefs. This was a mistake and the wrong approach.
4. EHRC stressed the importance of the following point.

It is not the State's role to monitor belief.

The Tribunal should not have embarked on an inquiry as to the value of Maya's belief. Value judgments (whether in beliefs about God or sex) are not the function of the ET.
5. EHRC submitted that the law treats sex as biological and binary and gender identity as social.

Many will think Maya's belief controversial and wrong. Nevertheless her belief is entitled to be protected.
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