Maya Forstater to give expert evidence in teacher ‘misgendering’ case25 February 2023 Issued by: Christian Concern
Maya Forstater, who won a landmark legal case over the freedom to say that individuals cannot change their biological sex, is set to give expert evidence at a hearing involving a teacher who faces losing their career for allegedly ‘misgendering.’
In January, Joshua Sutcliffe, 32, who is being supported by the Christian Legal Centre, faced a series of allegations before a Teaching Regulation Agency (TRA) professional conduct panel in Coventry.
Allegations included the Maths teacher calling Muhammad a “false prophet” on his personal YouTube channel and ‘misgendering’ a pupil who self-identified as a ‘boy’ in his class.
The hearing in January was adjourned until Monday 27 February to allow Ms Forstater, and experienced head teacher, Edmund Matyjasek, to give evidence to assist the committee.
The outcome of the hearing could result in Mr Sutcliffe being struck off and unable to teach again in a school.
Mr Sutcliffe’s case follows an escalating and disturbing trend of professionals and members of the public losing their jobs or being prosecuted by the police for ‘misgendering.’
It is anticipated that Ms Forstater will provide evidence on the compelled use of preferred pronouns and the dangers of schools adopting policies affirming trans and other gender identities.
Following extensive research, Ms Forstater has written about the importance of clarity about sex, arguing among other things that: being a man or a woman is a matter of biological sex, not gender or gender identity; the claim “transwomen are women” is not literally true.
She argues that people need to be able to speak clearly about sex, particularly in situations where sex matters, for example in spaces where women undress and sleep, which she says should remain single-sex in order to protect them.
Furthermore, the Sex Matters executive director believes that children with gender identity disorders should not be given puberty blockers as minors.
Suspended for ‘misgendering’
In 2017, Joshua made headlines after taking legal action against Cherwell school in Oxfordshire after he was suspended and eventually dismissed for allegedly ‘misgendering’ a female student, ‘Pupil A’, that self-identified as a boy.
He agreed to try to use the Pupil’s name only, however on one occasion he did not use a preferred pronoun. He immediately apologised when he realised ‘Pupil A’ was in the group of female students he addressed.
Nonetheless, Joshua was subsequently suspended despite having an exemplary teaching performance record and being popular with senior management, parents and pupils.
Joshua maintains that he had had no training on trans and ‘misgendering’ issues and that school bosses sought to ‘intimidate’ him into submission or resignation.
When the story broke in the media, former Conservative Party chairman Lord Tebbit said: “It seems to me this is a mad world when someone is disciplined for stating a biological fact.”
An investigation in December 2017, however, alleged that Joshua had ‘misgendered’ the Oxford pupil which the school said broke its policy on equality. Joshua denied he had ‘misgendered’ anyone and told the head teacher he did “not share [his] belief in the ideology of transgenderism” and subsequently took legal action for constructive dismissal and discrimination.
Joshua, who also regularly preaches on the street and says he has given out over 2,000 Bibles to members of the public, said he had been “placed on the altar of ‘cancel culture’”. He said he was unlawfully targeted and punished by the school because he had been vocal about his evangelical Christian beliefs.
The case was later settled out of court.
Forced to resign for critiquing Islam
In November 2019, Joshua was forced to resign from another school, St Aloysius in North London, over views he posted on his personal YouTube channel.
An active evangelist outside of work, Joshua, whose videos include his views about the Bible and Christianity, alleged that he was “constructively dismissed” from the Catholic school in Islington where he had been teaching for over a year after he “made a video in which [he] said ‘Muhammad is a false prophet’.”
In the video, he said: “I would suggest that Muslims have a false understanding of God because they’ve been led by a false prophet,” and that “the fruit of Islam is not peace, it’s division.”
Other allegations brought by the TRA include Joshua being accused by Cherwell bosses of sharing his belief that same-sex marriage is wrong after he was asked for his views by a pupil. Joshua was asked for his views during a Bible group session he had set up as part of the Christian Union he had started at the school.
In January, Joshua gave evidence to the hearing citing a statement made by then-Secretary of State for Education, Michael Gove, during the passage of the Marriage (Same Sex Couples) Bill that: “Any teacher, if asked direct or invited to share his view by a parent or a student, is perfectly at liberty to say, with equal marriage – as with adultery, divorce or abortion – what their own moral view might be.”
‘Freedom of religion in Britain’
At the hearing in January, international Christian theologian and registered Court Expert Witness, Dr Martin Parsons, provided expert evidence on the range of theological issues raised in the case, including on issues of transgenderism:
“The beliefs of Mr Sutcliffe in relation to transgender and which were the subject of investigation, disciplinary procedures and dismissal by Cherwell School are based on his Evangelical Christian faith. They reflect Christian doctrine that God created man as distinctively male and female and that the body is a unity, which cannot be divided between genetic sex and gender. These are beliefs which are shared by a significant number of other Evangelical Christians as well as many Catholics.”
His evidence concluded, stating:
“Christians are required as a matter of biblical obedience to obey secular authorities. However, where the state demands obedience in matters which specifically conflicts with the teaching of the Bible, Evangelical Christians are likely to understand themselves as having a biblical duty “to obey God rather than man” – even if this means suffering persecution. Prior to 1689 when the Toleration Act was passed, a significant number of Bible believing Christians in Britain were prepared to face execution, with thousands more subject to imprisonment for their faith.
“However, the understanding that there are legitimate separate spheres for church and state and the enshrining of these in aspects of constitutional law, led to the establishment of freedom of religion in Britain, which later spread to other countries of the world.”
Andrea Williams, chief executive of the Christian Legal Centre, said: “The TRA is targeting an exceptional teacher because his Christian beliefs do not fall in line with the prevailing secular orthodoxy which cannot tolerate any dissent.
“For loving Jesus, speaking truth in his personal time, and responding to questions from students on the Christian faith, he is being hounded out of the teaching profession.
“With critical shortages of teachers in the profession, why are the TRA so determined to force a high-performing teacher out for their Christian beliefs?
“The very notion of ‘misgendering’ is completely undefinable, what can be wrong in stating a biological fact?
“We hope the TRA panel will take on board this crucial expert evidence and deliver justice for Joshua this week.”