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I realise a lot of people are worried about the Forstater case, so I'd like to offer some reassurance which I hope is warranted.
FIRSTLY: I think there's a chance Forstater will 'win' the current appeal, though it's no means certain, BUT
FIRSTLY: I think there's a chance Forstater will 'win' the current appeal, though it's no means certain, BUT
This doesn't mean that anyone claiming a similar 'belief' will be able to go into work and misgender their colleagues, what I think she will 'win' is that the following can be a protected belief.
That sounds alarming? Well it might, but if it is held that this is a protected belief I'd submit a few things flow from that, and ONE is that the opposite is ALSO a protected belief. Chrisitianity is a protected belief, so is atheism. Saying something is a protected belief
DOES NOT mean that the law of the land thinks it's true. So if Forstater wins, then I can also claim that believing trans women are women/trans men are men and that 'sex' is not determinant of gender is a protected belief.
OH DEAR. The GCs didn't think of that one, but then they're not very bright. All it means is that we shouldn't be subject to UNLAWFUL discrimination because of that belief. It doesn't mean we can go into work and insult people.
It doesn't mean we can randomly throw people out of toilets and it doesn't necessarily mean that Forstater is is unfairly dismissed. If I had to put money on the outcome of Forstater's appeal, it would be one of three scenarios.
ONE she loses. She loses because Judge Tayler quite clearly set out his reasoning as to why he considered her particular 'absolutist' belief when making his decision, and the supporting evidence.
TWO she 'wins' and her case goes back to the ET where she um - loses. Personally I think this is the most likely scenario. She would 'win' on the basis Tayler confused the belief and the manifestation of the belief
THREE she 'wins' outright on freeze peach grounds. I don't think this is likely at all. But of out of these three my money is on two.
