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" "I do feel vindicated. The tribunal found that I was a victim of discrimination, and not a perpetrator, which is the story that has been told about me for the past three years. But it is weird, too. This case took on a life of its own a long time ago. It is both about me, and not about me. The implications of the judgment are going to have a huge impact. The most important thing I ever did, it seems, was to lose my job.
Maya Forstater (born 3 July 1973) is a British business studies and international development researcher who is the claimant in Maya Forstater v Centre for Global Development Europe. The case established that gender critical views are protected as a belief under the Equality Act 2010, while stating that the judgment does not permit misgendering transgender people with impunity. The appeal tribunal did not examine the substantive merits of Forstater's dismissal, and a full merits hearing on the claim that she lost her employment as a result of these beliefs was heard in March 2022. The decision of the second tribunal, delivered in July 2022, was that she had been discriminated against because of her gender-critical beliefs. In October 2020, she became a founding officer of the lobby group Sex Matters, which describes itself as having "a singular mission: to reestablish that sex matters in rules, laws, policies, language and culture."
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This is a rapist who lied about raping these two women and who was found to have lied about it in court. So I don’t think we can rule out that he might be lying about his feelings of being a woman. But in any case, that is what the policy allows. The policy allows a man who feels like he is a woman or thinks he is a woman to apply to be housed in the women’s prison. So it’s inviting that kind of gaming.
The Scottish Bill tears up the UK’s criteria for awarding a gender recognition certificate based on medical assessment, and allows anyone to get a GRC based on a declaration, with no medical treatments or safeguards.
This means there will be many more people able to get a certificate, and organisations will never be able to feel confident excluding someone who is clearly male from female-only spaces and services.
A key question for the UK Government is whether they will accept people who have been through the Scottish system but were born in England and Wales to change the sex on their birth certificate. Scotland would in effect act like a 'haven' of light regulation that would then spill out across the UK.
For schools there would be huge problems. Single-sex schools are allowed by law, but now schools would face having to admit a child of the opposite sex, and would be threatened with criminal penalties if teachers and staff 'disclose' the child’s actual sex to other staff, pupils or parents.
The UK Government does not have to accept this outcome. It should refer the Bill to the Supreme Court and make sure that the Scottish Parliament only legislates within its own domain, and does not ignore women’s rights and child safeguarding.