High Court Rules in Favor of Researcher, Upholding Free Expression of Gender-Critical Beliefs
Maya Forstater, a business and international development researcher, has successfully appealed a previous employment tribunal decision after losing her job for tweets asserting that biological sex cannot be changed. In 2019, Forstater’s contract with her employer was not renewed following a series of tweets that challenged government proposals to reform the Gender Recognition Act, which would allow individuals to self-identify as a different sex.
In one of her controversial tweets, she stated, “I don’t think being a woman/female is a matter of identity or womanly feelings,” expressing her surprise that respected individuals avoided the truth that men cannot become women. In another, she drew parallels between a white person’s feeling of being black and a man’s belief that he is female.
Following backlash, her position as a visiting fellow at the Centre for Global Development, a think tank addressing poverty, was terminated. Initially, an employment tribunal ruled against her in December 2019, characterizing her views on sex as “absolutist” and “not worthy of respect in a democratic society.”
However, a High Court judge recently ruled in favor of Forstater, acknowledging that her views, while potentially offensive, must be tolerated in a pluralistic society. The appeal highlighted that the original tribunal had made legal errors, while clarifying that the ruling did not permit individuals with gender-critical beliefs to misgender trans individuals without consequence.
Justice Choudhury emphasized that Forstater’s gender-critical beliefs are protected under the Equalities Act, as they do not aim to undermine the rights of trans persons. He further noted that the judgement does not prevent employers and service providers from ensuring a safe environment for trans individuals.
