Andrey (azangru) wrote,
Andrey
azangru

The Guardian (underlining mine):

A researcher who lost her job at a thinktank after tweeting that transgender women cannot change their biological sex has lost a test case because her opinions were deemed to be “absolutist”.

Court decision (underlining mine)

To qualify as a “philosophical belief” under section 10 EqA, the belief must satisfy the five criteria in Grainger plc v Nicholson [2010] ICR 360, para 24 (“the Granger Criteria”):
(i) the belief must be genuinely held;
(ii) it must be a belief and not an opinion or viewpoint based on the present state of information available;
(iii) it must be a belief as to a weighty and substantial aspect of human life and behaviour
(iv) it must attain a certain level of cogency, seriousness, cohesion and importance; and
(v) it must be worthy of respect in a democratic society, not be incompatible with human dignity and not conflict with the fundamental rights of others.

[...]

However, I consider that the Claimant's view, in its absolutist nature, is incompatible with human dignity and fundamental rights of others
.

So she did not lose her case because her opinions were deemed to be absolutist. She lost her claim that her opinion on the immutability of human sex be recognized as a philosophical belief, because a philosophical belief must not be "incompatible with human dignity etc.", and her position was deemed incompatible. Crazy, I know. But different from what the Guardian states.

Reminds me of the widely circulating stipulation that Pussy Riot members were convicted for violating the canons of the Trullan Council.
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