I am presenting a paper on Feb 8, 2020 at the NCC National Conference 2020 “Strengthening Family, Faith, Freedom and Sovereignty in an ideologically hostile world”. The paper concerns the interaction between laws on “gender identity discrimination” and other basic freedoms, including freedom of speech and freedom of religion. The paper can be downloaded here:
An astonishing decision from an Employment Tribunal in the UK has ruled that it is acceptable to dismiss an employee because of their view that sex is biological and immutable (unable to be changed). In a preliminary ruling in Forstater v CGD Europe (18 Dec 2019; Case No 2200909/2019, Employment Judge Tayler) this view was found to be “incompatible with human dignity and [the] fundamental rights of others” (para [84]), and hence not a protected “belief” for the purposes of a claim of “belief”-based discrimination under the UK Equality Act 2010. While this case is not based on a religious belief, it brings into sharp focus a number of issues connected with religious beliefs and the workplace.
Two cases have been highlight overseas recently where a Christian employee has been fired for declining to use the “preferred pronoun” of a person who identifies as a different gender to their biological sex. The cases illustrate that religious freedom, and free speech generally, in the workplace can be under challenge in circumstances involving “gender identity” issues. It is not clear how such cases would be resolved in Australia.
Professor of Law whose research interrogates the interaction between law and humanities, with particular expertise in Law and Religion and Legal History. All views my own.
Medical law, abuse law, NDIS & civil liability blog, Australia.
Law and Religion Australia 