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Since promulgation of the Glennie Judgment on 6 July, there has been further incorrect commentary. That final sentence, at least, is correct. It cannot be right and it wasn’t right: as we can now see, it was nonsense.Ī similar misconception was that the EAT Judgment protected only the holding of gender critical beliefs and not the manifestation of those beliefs. According to this misreading, the EAT supposedly found that it is acceptable for someone to be gender critical, so long as they never voice the belief, for to do so would be itself discriminatory against trans people. The Glennie judgment has also put this misconception to bed: the holding and manifestation of gender critical beliefs are both protected, and always were. If Ms Forstater succeeds before the court, a man at work will have the protection of the law to make those statements at work whenever he likes, causing whatever damage he likes to the women he works with. Much has been written about this case, much of which was misleading.Īmong the cataclysmic consequences that we were told would inevitably follow from Maya Forstater’s success on appeal were that Ms Forstater’s success would make it possible to advance a belief that “women are intellectually inferior to men. This is the third judgment that Maya Forstater has received in three years of litigation. The first judgment by EJ Tayler found that her gender critical beliefs were not worthy of respect in a democratic society and therefore dismissed her claim. The second judgment (“the EAT judgment”) overturned this and found that her gender critical beliefs were in fact protected. This latest judgment (“the Glennie judgment”) has now found that she was unlawfully discriminated against on the basis of her beliefs. Ms Forstater's successful appeal in 2021 established that gender critical women could be protected from discrimination. Her success in the Employment Tribunal establishes that they are so protected. This judgment is proof of concept.
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Maya Forstater was unlawfully discriminated against on the basis of her gender critical beliefs.