Gender critical
Gender critical is a term used to describe a set of beliefs centred on the view that biological sex is fixed and should be treated as distinct from gender identity. The term is contested: some who hold these views describe them as a matter of established legal and philosophical principle, while others — including many trans people and LGBT organisations — regard the gender-critical movement as hostile to trans inclusion and rights. This article documents the term's use, associated organisations, and relevant legal cases; it does not take a position on the underlying debate.
Legal recognition
In the UK, gender-critical beliefs have been found to qualify for protection as a philosophical belief under the Equality Act 2010. In Forstater v CGD Europe (2021), the Employment Appeal Tribunal ruled that Maya Forstater's gender-critical beliefs were protected under the Act, overturning an earlier employment tribunal decision[1]. Forstater had not had her contract renewed by the Center for Global Development in 2019 after posting comments on government proposals regarding gender recognition[2]. In 2023 she was awarded compensation by an employment tribunal[3].
Other instances where gender-critical beliefs have featured in legal or employment disputes include a 2024 tribunal finding that the Green Party discriminated against former deputy leader Dr Shahrar Ali in relation to his gender-critical views[4], and the case of Rev. Dr Bernard Randall, who was barred from preaching by the Church of England after a sermon on related themes[5]. Legal disputes in this area have continued to develop; a January 2024 Guardian article reviewed several ongoing cases[6].
Organisations
A number of organisations describe themselves as gender-critical or campaign on related issues, including LGBAlliance, Sex Matters, LGB Liberal Forum, LGB Christians, Sex Matters to Quakers, SEEN, and Lesbian Labour[7]. Genspect, an international organisation associated with gender-critical perspectives, describes gender as a social construction distinct from biological sex[8] — a starting premise with broad academic support, though Genspect and others go on to argue this means gender identity should not be given legal or social weight equivalent to biological sex, a further conclusion that is contested by many trans rights organisations and some academics.
In media
The 2022 documentary Adult Human Female presented a gender-critical perspective on debates around sex and gender recognition[9]. In 2023, Channel 4 broadcast Gender Wars, featuring Kathleen Stock, a gender-critical academic who has been the subject of protest from some trans rights campaigners.
References
- ↑ Maya Forstater v CGD Europe UKEAT/0105/20/JOJ. The Employment Appeal Tribunal found that gender-critical beliefs, including the view that sex is fixed and distinct from gender identity, qualify as a protected philosophical belief under the Equality Act 2010.
- ↑ Forstater's contract at the think tank Center for Global Development (CGD) was not renewed in March 2019, after she posted comments questioning then-proposed changes to gender recognition law, which were later not implemented.
- ↑ "Woman who lost job after tweeting view on biological sex awarded £100,000", The Guardian, 1 July 2023.
- ↑ BBC News, 9 February 2024.
- ↑ The Telegraph, 12 August 2024.
- ↑ "'A politically toxic issue': the legal battles over gender-critical beliefs", The Guardian, 19 January 2024.
- ↑ https://lesbianlabour.com/
- ↑ Genspect website, accessed [date].
- ↑ https://www.youtube.com/watch?app=desktop&v=94HFMSm-JBo, accessed 6 June 2023.