The posts in question included ones where Forstater said transgender women were “not really women” and that “sex is immutable and not to be conflated with gender identity”. She also allegedly criticised initial plans of the government that would have enabled people to legally declare their gender even without a medical diagnosis. Her colleagues reportedly flagged her tweets before the CGD. The firm refused to sign her on again.
Forstater lost her case in 2019 but appealed the decision. This month, the High Court said the lower court “erred in law”. Despite being gender-critical, her beliefs “did not seek to destroy the rights of trans persons” and that they must be “tolerated in a pluralist society,” the High Court said. The ruling, however, does not accord people with gender-critical views the freedom to misgender trans people “with impunity,” Justice Chowdhury of the High Court said.
“The claimant, like everyone else, will continue to be subject to the prohibitions on discrimination and harassment that apply to everyone else,” said Justice Chowdhury, who was aware that the decision might not be received well by the trans community. He clarified, however, that he had not “expressed any view on the merits of either side of the transgender debate,” the BBC reported.
The CDG will determine their next legal action but called the decision “a step backwards for inclusivity and equality for all”.