Judges, like comedians, seem ever more convinced that their role in society is to broadcast their political opinions. As Jonathan Sumption put it in his Reith Lectures, the judiciary often resemble a ‘priestly caste’ who want their liberal values to be raised to the level of ‘fundamental human rights’.
This week, an employment tribunal in Birmingham produced the most ludicrous example yet of judicial overreach. Much of the tribunal’s judgment is barely readable – more on that later – but it puts its central point clearly enough: a ‘lack of belief in transgenderism’ is ‘incompatible with human dignity and’ – yes – ‘conflicts with the fundamental rights of others’.
The case has been reported as a story about a ‘Christian doctor’. But the doctor, David Mackereth, held a view shared by many millions of Britons, whatever their religion. He happens to think it is impossible for a man to become a woman, or vice versa.
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