Equality Commission chief warns against 'misleading' claims on gender belief rights
The chief commissioner of the Equality Commission for Northern Ireland has said it is misleading and wrong to suggest that people who hold protected gender-critical beliefs or gender-identity beliefs are not entitled to hold them or to express them respectfully.
Geraldine McGahey made the statement on the commission’s website after the conclusion of High Court proceedings in Belfast over an allegation of breach of contract. The case arose from the decision by Féile an Phobail to withdraw a Women’s Rights Network event from its programme following online protests by transgender activists.
Ms McGahey said the specific breach-of-contract allegation fell outside the commission’s remit and she would not comment directly on those proceedings. She noted, however, that the public commentary surrounding the case merited reflection on the nature and tone of the debate.
She highlighted the Fair Employment and Treatment (Northern Ireland) Order 1998, which prohibits discrimination and harassment against employees and service users on the grounds of religious or philosophical beliefs or political opinions. She said employment tribunals and courts in Great Britain have accepted that both gender-critical beliefs and gender-identity beliefs may be protected, and that industrial tribunals and courts in Northern Ireland are likely to adopt similar reasoning.
Ms McGahey said the complexity of the issues is often lost when people quickly choose sides in a heated public debate, and stressed that discussion should be informed by an understanding of the law and conducted in a way that respects the rights and dignity of everyone.
Ulster Unionist Party leader Jon Burrows welcomed the remarks as a statement about freedom of expression, thought and genuine tolerance. He said that too often those who preach tolerance have displayed the greatest intolerance to those who hold gender-critical beliefs, and that officialdom and the human rights lobby have shied away from speaking up for their freedoms.
The Traditional Unionist Voice also said the comments on free speech were to be welcomed, adding that officialdom too often takes one side in a debate and attempts to silence the other.
Féile an Phobail said last week that an agreement reached with the Women’s Rights Network was a vindication of its position of standing up for those who are marginalised. It claimed that many of those involved in the issue were attempting to attack the West Belfast community.
The Women’s Rights Network event will go ahead on Tuesday at an undisclosed venue. Organisers say speakers and panel discussions will explore women’s sex-based rights, the current legal landscape in Northern Ireland, safeguarding, sport and public policy.