The posts in question included those where Forstater said transgender women are “not really women” and that “sex is immutable and should not be confused with gender identity.” She also reportedly criticized the government’s initial plans that would have allowed people to legally declare their gender even without a medical diagnosis. His colleagues reportedly reported his tweets to the CGD. The company refused to sign it again.
Forstater lost his case in 2019, but appealed the decision. This month, the High Court said the lower court “erred in law.” Although gender sensitive, her beliefs “did not seek to destroy the rights of trans people” and should be “tolerated in a pluralistic society,” the High Court said. The ruling, however, does not grant those with gender critical views the freedom to abuse transgender people “with impunity,” High Court Judge Chowdhury said.
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“The claimant, like everyone else, will continue to be subject to the prohibitions on discrimination and harassment that apply to everyone,” said Justice Chowdhury, who was aware that the decision may not be well received by the trans community. He said, however, that he had “expressed no view on the merits of either side of the transgender debate,” the BBC reported.
CDG will determine its next lawsuit, but called the decision “a step backwards for inclusiveness and equality for all”.