Phoenix v The Open University archive: Evidence in Chief part 1
Jo Phoenix, Sarah Earle Witness Statements
Since the beginning of my case against the Open University (please refer to previous substack posts) I have maintained that freedom of speech and academic free speech does not permit anyone to say anything and nor does it permit the bullying and harassment of academics who hold gender critical beliefs, much less provide a justification for discrimination.
My case is about creating a space for gender critical research where we can research important topics like prisoner placement, detransition and sport without facing public letters from colleagues condemning our beliefs and calling on our employer to deplatform us.
Forstater EAT ensured that people who hold gender critical beliefs (that is that sex is immutable) have a protected characteristic which is covered by Equality Act 2010. This includes expressing those beliefs. It is perfectly lawful to argue that on occasion - like prison placement - sex takes priority over gender identity.
Bailey v GCC demonstrated this.
If I win, Phoenix v Open University will help establish the rules and parameters of debate in this area.
Attached are my witness statement and the witness statement of Prof Sarah Earle. Please do not read these in isolation. Please also look at @tribunaltweets coverage of the hearing - now into its second week. You can find it here:
Started reading your PDF (I’ve still a ways to go!) Was taken aback by you writing that societies are not organized around identities. Made me think of all the religious identities societies are organized around! Muslim, Hindu, Jewish -- you name it. Wars are being fought right now over these. I hesitate to write more for fear, on clicking submit, this will require paying or something? Though I would like to engage with thoughtful people on this issue I understand people are being harassed for speaking opinions.