Forstater v CGD Europe & Anor (Religion or Belief Discrimination, Sex Discrimination l) [2019] UKET 2200909/2019 (18 December 2019)
Maya Forstater's views on trans people did not meet the Grainger criteria, as "Gender Critical" beliefs were deemed as being incompatible with the fundamental rights of trans individuals.
This ruling was superceeded and over turned after a direct intervention by the EHRC.
Case number: 2200909/2019
Cite as:
[2019] UKET 2200909/2019
(90) I conclude from this, and the totality of the evidence, that the Claimant is absolutist in her view of sex and it is a core component of her belief that she will refer to a person by the sex she considered appropriate even if it violates their dignity and/or creates an intimidating, hostile, degrading, humiliating or offensive environment. The approach is not worthy of respect in a democratic society.
(92) In respect of the belief that the Claimant contends she does not hold, that everyone has a gender which may be different to their sex at birth and which effectively trumps sex so that trans men are men and transwomen are women. I consider that this is a good example of why, at least in certain circumstances, one needs to apply the Grainger criteria to the lack of belief, rather than the alternative belief. Believing that a trans woman is a woman does not conflict with the approach of the European Court of Human Rights in Goodwin, or the Gender Recognition Act, or involve harassment. It does not face the same issue of incompatibility with human dignity and fundamental rights of others as the lack of that belief does because that lack of belief necessarily involves the view that trans women are men. The lack of belief fails to meet the Grainger criteria.
(93) It is also a slight of hand to suggest that the Claimant merely does not hold the belief that transwomen are women. She positively believes that they are men; and will say so whenever she wishes. Put either as a belief or lack of belief, the view held by the Claimant fails the Grainger criteria and so she does not have the protected characteristic of philosophical belief.
Added: 10 Apr, 2023