Judges told to ditch ‘preferred pronouns’

Judges in England and Wales have been advised to avoid using ‘preferred pronouns’ for males identifying as females in cases of sexual offences or when gender is a key factor, according to new Judicial Office guidance.

The advice was given through the Equal Treatment Bench Book (ETBB), and was sent to all judicial office holders in England and Wales.

The updated guidance has been issued following a number of high-profile cases involving people identifying as transgender asking to be referred to by their preferred pronouns during court proceedings.

New guidance

The guidance has an eight-page chapter on trans people, including a list of acceptable terminology.

The ETBB states: “Whilst in many cases it should be possible to use the trans person’s preferred name/pronouns, there will be situations where it is clearly inappropriate. For example, a victim of domestic abuse, sexual violence or assault by a trans person”.

It added that “witnesses giving evidence in trials should not be required to call an accused ‘she’, particularly if they knew the accused as a male”.

The chapter finishes with a note that “Gender critical beliefs are protected beliefs, even if they might offend or upset trans people (and others).”

‘A welcome step forward’

Maya Forstater, who was awarded £100,000 by an employment tribunal after she lost her job for defending the reality of biological sex, said: “It’s a relief to see this recognition by the Judicial Office that sex always matters when referring to alleged perpetrators of violence and sexual assault, since these crimes are almost entirely committed by men.”

She added: “For too long, victims of these crimes have not only had to hear male perpetrators being referred to as ‘women’ and ‘she/her’ in court, but have themselves been pressured to address perpetrators as women.”

Family law barrister Sarah Phillimore commented: “I am very glad to see this – it is a welcome step forward to accepting that gender identity ideology is controversial and contested and should not simply be embraced by the judiciary.”

Compelled speech

An employment tribunal is underway between nurse Sandie Peggie and Dr Upton alongside NHS Fife. The nurse claimed she was forced to get changed in front of the biologically male doctor, who used the female changing rooms because he identified as a woman. Peggie was then suspended after raising a complaint.

The NHS requested that the judge impose an order on the nurse to prevent her from referring to Dr Upton as a man, calling it unlawful harassment. The request was refused, with the judge ruling that each side could “be in a position to argue the case in the manner that they see fit”, but warned that pronoun use could be classed as harassment if used “gratuitously and offensively on a repeated basis”.

Lawyer and former SNP MP Joanna Cherry criticised NHS Fife for wasting public money, emphasising that “we don’t have compelled speech in Scotland”.