Civil servants will be investigated for misconduct if they ‘misgender’ or ‘deadname’ colleagues, if a leaked draft policy comes into effect.
The Whitehall policy said that invalidating a person’s “trans identity” is “unacceptable”. It does, however, state that single-sex facilities must be used on the basis of biological sex and not on the basis of “affirmed gender”.
The document which was marked “sensitive”, was not made public by ministers on the basis that “ministers and officials may not feel comfortable sharing their views”.
Leaked policy
The leaked draft policy for Civil Servants states: “deliberate deadnaming or misgendering to deny, mock or invalidate a person’s trans identity is unacceptable and should be investigated as potential misconduct”.
‘Misgendering’ and ‘deadnaming’
‘Misgendering’ refers to the act of referring to someone according to their objective biological sex, rather than their chosen gender identity.
‘Deadnaming’ is the act of using a person’s given name, or the name they used most commonly before ‘transitioning’, rather than their new chosen name.
For example, stating “Bruce Jenner is a man” would be considered by trans activists to be both misgendering and deadnaming as, though he is biologically male, he has adopted a feminine persona, and goes by ‘Caitlin Jenner’.
It does specify that “some employees do not believe in trans or gender identities”, and that this is a protected belief under the Equalities Act “if this is a philosophical belief”.
It continues: “This does not, however, mean that it is acceptable to indiscriminately and gratuitously refer to a trans person in terms other than they would wish.”
The draft policy also explains that civil servants are permitted to dress as their “affirmed gender”, and any restrictions on this could be seen as discrimination.
Lawful belief
Maya Forstater, CEO of women’s rights charity Sex Matters, welcomed the clarity around single-sex spaces in the guidance, but criticised the ‘misgendering’ policy as “shockingly biased”.
She explained that most people “will naturally refer to men as men and he/him, as per standard English usage. Their lack of belief in gender identities is the norm, not the exception, and is also protected in law.”
Equality law specialist Audrey Ludwig MBE said: “Civil servants should not face disciplinary action merely for expressing a lawful belief or for accurately referring to biological sex where this is relevant, including in discussions about single-sex services and workplaces.”
She noted: “Any trans or misconduct policy must carefully distinguish between unlawful harassment, which depends on all the circumstances, and the legitimate exercise of protected rights to freedom of belief and expression.”
Impartiality
Last year, The Christian Institute formally commenced legal action against the Prime Minister and the Civil Service over official taxpayer-funded participation in Pride marches.
Deputy Director Simon Calvert said: “The law is clear that civil servants must maintain impartiality on controversial political issues. Whether one agrees with it or not, no-one can deny that the LGBTQ Pride movement and its hard-line gender ideology are profoundly political.”
He added: “I have been working in public policy for decades. I’ve been shocked by how many civil servants wear Pride lanyards in our meetings with them, even when those meetings are specifically about conflicts with that ideology.
“Sitting in front of a phalanx of civil servants in rainbow lanyards gives the impression that their minds are closed on the issues we are discussing. It certainly does not communicate the kind of neutrality that taxpayers expect of civil servants.”
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