An employment-tribunal ruling delivers a fresh setback to supporters of gender self-ID
over transgender rights in Britain tends to be fought either loudly, on social media, or hidden from view, inside organisations. But official inquiries and the law courts are increasingly bringing rigorous public scrutiny to bear on these controversial issues. That scrutiny resulted in two victories this week for those who say self-proclaimed gender identity should not trump biological sex.
The service has been hugely controversial. In 2020 the Tavistock was rated “inadequate” by inspectors, following concerns raised by whistleblowers. Critics alleged that clinicians at the Tavistock were following an affirmation-only policy, which involves affirming a child in the gender they say they are without exploring their personal history . This approach led to large numbers of children who said they identified as trans being put on puberty blockers and cross-sex hormones.
The debate about ideological capture was at the heart of another decision a day earlier, this time at an employment tribunal in London. In 2018 Allison Bailey, a barrister, sent an email to colleagues arguing that her chambers, Garden Court, should not join the “diversity champions” scheme of Stonewall, a lobby group that argues a person’s self-identified gender should override biological sex.
The tribunal found that Garden Court had discriminated against Ms Bailey on the basis of her views. It ruled that Ms Bailey’s belief that Stonewall wanted to replace sex with gender identity, and her belief that the tone of Stonewall’s campaigns eroded women’s rights, were both protected under the Equality Act. She was unsuccessful in a separate suit against Stonewall, which she alleged had persuaded her chambers to discriminate against her.
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