If you’ve been following the clash between feminism and trans activism, you will almost certainly have heard of Maya Forstater. This tax expert turned campaigner has triggered an explosive debate about sex and gender – specifically, the role each category should have in determining policy. But what does it all mean? Let’s take a look.
How did it start?
In 2015, Maya Forstater became a consultant at the Center for Global Development, a non-profit that campaigns against poverty. She worked with them for three years. Then, in October 2018 the CGD opened an internal investigation into Forstater’s conduct after staff raised concerns about her social media posts. And in March 2019 the CGD decided not to renew her contract.
Forstater had criticized the UK government’s proposed reforms to the Gender Recognition Act, which would have allowed people to declare their own gender (rather than be recognized by their biological sex). She also said that it’s not possible to change your biological sex, that woman means “adult human female”, and that men cannot become women.
After losing her position, Forstater claimed that the CGD had discriminated against her because of her beliefs. She believes “that sex is immutable and not to be conflated with gender identity.” Some describe this perspective as gender critical. And others, like Forstater’s former colleagues, argue it is transphobic.
Why does it matter?
With public discussions around sex and gender growing ever more polar, people around the world follow Forstater v Center for Global Development Europe. Conversations about gender are heated, and often painful. So people on both sides hope for a ruling in their favor; a legal verdict to set a precedent and end the toxic back and forth. So, when Forstater took her former employer to court, there was a lot riding on the verdict.
#IStandWithMaya trended on Twitter. Many feminists expressed solidarity with Forstater. Most notably J.K. Rowling.
The Harry Potter author tweeted “Dress however you please. Call yourself whatever you like. Sleep with any consenting adult who’ll have you. Live your best life in peace and security. But force women out of their jobs for stating that sex is real? #IStandWithMaya #ThisIsNotADrill
https://twitter.com/jk_rowling/status/1207646162813100033
The Ruling
Forstater’s legal team argued that her views counted as a philosophical belief under the Equality Act 2010. But the tribunal found that it did not meet the criterion. Forstater’s insistence that people cannot change their biological sex was described as “absolutist,” and “incompatible with human dignity and fundamental rights of others.” The ruling asserted that Forstater’s views – that sex and gender identity are not interchangeable – were not “worthy of respect in a democratic society.”
But Forstater was undeterred. She said the judgement against her “removes women’s rights and the right to freedom of belief and speech”, and decided to fight it.
The Appeal
Forstater challenged the verdict against her. And it was overturned in June 2021. The Employment Appeal Tribunal concluded the belief that “biological sex is real, important and immutable” was a “genuine and important philosophical position”, one which “could not be shown to be a direct attempt to harm others.” Therefore Forstater’s views on sex and gender were classed as a protected belief characteristic, meeting the criteria of the Equality Act 2010 and contradicting the previous verdict.
Forstater won. As a result, she was able to continue with her discrimination claim. A fresh tribunal has convened. It will decide two things. 1) Whether Forstater’s behavior in the office is classed as harassment or discrimination towards trans people. 2) Whether Forstater herself was discriminated against because of her beliefs.
What Now?
The new tribunal has concluded. They will take time to deliberate. The ruling is expected in May this year.
In the mean time, Forstater co-founded Sex Matters. The not-for-profit group is based in the UK and works “to establish that sex matters in rules, laws, policies, language and culture.”
Along with Women Uniting and the Women’s Rights Network, Sex Matters have created a new campaign: ‘Respect my Sex if you want my X’. In the run up to local elections, they ask that members of the public “quiz politicians, both national and local, about their stance on women’s rights and trans issues.”
http://take10charles.blogspot.com/2022/07/sex-matters-help-us-shine-light-on.html
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