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Does a belief in 'two biological sexes' amount to a 'philosophical belief'?


Ms Forstater believes that there can be only two biological sexes and "that 'sex ' is a material reality which should not be confused with 'gender' or 'gender identity' - being female is an ummutable biological fact, not a feeling or an identity."

Ms Forstater was engaged by the Centre for Global Development as a consultant. A number of staff at CDG raised concerns that some of her tweets were transphobic. Ms Forstater's engagement ended and CDG did not renew her consultancy. Ms Forstater believes that CDG's refusal to reengage her was because of her belief In particular, she relied upon her views as amounting to a philosophical belief pursuant to section 10 of the Equality Act 2010.

The Employment Tribunal then had to decide whether Ms ForStater's beliefs, namely that there are only two biological sexes in humans and that it is not possible for a human being to change sex, amount to a philosophical belief.

The Employment Tribunal found that those views do not amount to a philosophical belief. Whilst the tribunal found that the Ms Forstater's beliefs attained the level of cogency and cohesion necessary to amount to a philosophical belief, the views were incompatible with human dignity and the rights of others as it involved 'misgendering' others.

This is a first instance case and shall almost certainly appealed. A full copy of the judgement can be found here.